Various South African government reports list food security as a development priority. Despite this prioritisation and despite the fact that South Africa is currently food self-sufficient, ongoing food shortages remain a daily reality for approximately 35% of the South African population. The government's commitment to food security to date of writing (being 30 November 2011) manifests in related policies, strategies, programmes and sectoral legislation with the focus on food production, distribution, safety and assistance. A paradigm shift in the international food security debate was encouraged during 2009, namely to base food security initiatives on the right to sufficient food. During a 2011 visit to South Africa, the Special Rapporteur for the Right to Food of the United Nations, accordingly confirmed that a human rights-based approach to food security is necessary in the South African legal and policy framework in order to address the huge disparities in terms of food security (especially concerning geography, gender and race). A human rights-based approach to food security will add dimensions of dignity, transparency, accountability, participation and empowerment to food security initiatives. The achievement of food security is further seen as the realisation of existing rights, notably the right of access to sufficient food. The right of access to sufficient food, as entrenched in section 27(1)(b) of the Constitution of the Republic of South Africa, 1996 will accordingly play a central role within a human rights-based approach to food security. Section 27(2) of the Constitution of the Republic of South Africa, 1996 qualifies section 27(1)(b) by requiring the state to take reasonable legislative and other measures, within its available resources, to achieve the progressive realisation of each of the section 27(1) rights. The South African government's commitment to food security, as already mentioned, currently manifests in related policies, strategies and programmes, which initiatives will qualify as other measures as referred to in section 27(2) mentioned above. This study, however, aims to elucidate the constitutional duty to take reasonable legislative measures as required by section 27(2) within the wider context of food security. This study is more specifically confined to the ways in which a human rights-based approach to food security as a development objective can be accommodated in South African national legislative measures. Hence, this study focuses on three national legislative levels, namely constitutional incorporation, the adoption of a framework law and revision of sectoral legislation. Several underlying and foundational themes are addressed in the course of this study, amongst others: (a) the development of the food security concept; (b) the relationship between food security and the right of access to sufficient food; (c) key elements of a human right-based approach; and (d) the increasing trend to apply a human rights-based approach to development initiatives in general, but also to food security. / Thesis (PhD (Law))--North-West University, Potchefstroom Campus, 2012

Various South African government reports list food security as a development priority. Despite this prioritisation and despite the fact that South Africa is currently food self-sufficient, ongoing food shortages remain a daily reality for approximately 35% of the South African population. The government's commitment to food security to date of writing (being 30 November 2011) manifests in related policies, strategies, programmes and sectoral legislation with the focus on food production, distribution, safety and assistance. A paradigm shift in the international food security debate was encouraged during 2009, namely to base food security initiatives on the right to sufficient food. During a 2011 visit to South Africa, the Special Rapporteur for the Right to Food of the United Nations, accordingly confirmed that a human rights-based approach to food security is necessary in the South African legal and policy framework in order to address the huge disparities in terms of food security (especially concerning geography, gender and race). A human rights-based approach to food security will add dimensions of dignity, transparency, accountability, participation and empowerment to food security initiatives. The achievement of food security is further seen as the realisation of existing rights, notably the right of access to sufficient food. The right of access to sufficient food, as entrenched in section 27(1)(b) of the Constitution of the Republic of South Africa, 1996 will accordingly play a central role within a human rights-based approach to food security. Section 27(2) of the Constitution of the Republic of South Africa, 1996 qualifies section 27(1)(b) by requiring the state to take reasonable legislative and other measures, within its available resources, to achieve the progressive realisation of each of the section 27(1) rights. The South African government's commitment to food security, as already mentioned, currently manifests in related policies, strategies and programmes, which initiatives will qualify as other measures as referred to in section 27(2) mentioned above. This study, however, aims to elucidate the constitutional duty to take reasonable legislative measures as required by section 27(2) within the wider context of food security. This study is more specifically confined to the ways in which a human rights-based approach to food security as a development objective can be accommodated in South African national legislative measures. Hence, this study focuses on three national legislative levels, namely constitutional incorporation, the adoption of a framework law and revision of sectoral legislation. Several underlying and foundational themes are addressed in the course of this study, amongst others: (a) the development of the food security concept; (b) the relationship between food security and the right of access to sufficient food; (c) key elements of a human right-based approach; and (d) the increasing trend to apply a human rights-based approach to development initiatives in general, but also to food security. / Thesis (PhD (Law))--North-West University, Potchefstroom Campus, 2012

京都大学 / 0048 / 新制・論文博士 / 博士(地球環境学) / 乙第13381号 / 論地環博第14号 / 新制||地環||39(附属図書館) / (主査)准教授 SINGER JANE, 教授 宇佐美 誠, 講師 BAARS ROGER CLOUD / 学位規則第4条第2項該当 / Doctor of Global Environmental Studies / Kyoto University / DFAM

This thesis investigates young refugee women’s experience of the process of seeking access to justice for cases of Sexual and Gender-Based Violence in Nakivale refugee settlement in Uganda. A Human Rights-based Approach (HRBA) is chosen as an analytical framework to help conceptualise access to justice and to recognise Uganda’s commitment to refugees. A qualitative explanatory approach follows the narrative of Burundian and Congolese women.    Findings show that Nakivale refugee settlement has an overwhelming demand for legal services and support. Refugee women can raise a claim for justice through the established administrative structures in place within the settlement. All refugee women were aware of their entitlements to a remedy and on the process of reporting SGBV. Yet, the analysis shows that none of the SGBV-survivors of rape or sexual exploitation was able to have access to justice. Several barriers were brought forward, such as corruption among refugee welfare committees; limited staff and resources among partner organisations; a bureaucratic referral system; poor police investigations and an inability to persecute perpetrators. The consequences without effective and timely remedies led the interviewed women into further poverty and a continuation of violence and abuse.   This thesis concludes that Refugee Welfare Committees have to be attributed to some sort of compensation as validation for their work as justice providers to mitigate corruption among their leaders. Further research is encouraged to look into possibilities of extending the mandate and training for Refugee Welfare Committees, for refugee-based structures to be able to handle cases of SGBV.

Kränkningar av mänskliga rättigheter är ett återkommande problem inom den psykiatriska vården. Detta för att människor som söker vård inom psykiatrin ofta har nedsatt möjlighet att föra fram sina åsikter, vilket gör det svårt att involvera dem i vården. Syftet med studien är att undersöka patienters upplevelser av den psykiatriska vården i förhållande till värden i mänskliga rättigheter. Det empiriska materialet har samlats in genom 5 kvalitativa semistrukturerade intervjuer med individer som har erfarenhet av psykisk ohälsa och psykiatrisk vård. Materialet har analyserats utifrån en tematisk analys med hjälp av värdena värdighet och empowerment, jämlikhet och icke-diskriminering, delaktighet och inkludering samt transparens och ansvarstagande. Dessa värden har även legat till grund för de teoretiska utgångspunkter som har använts för att analysera materialet. Resultatet visar att det finns både positiva och negativa erfarenheter av den psykiatriska vården. Något som framgår som positivt var att ett gott bemötande från personal som präglas av lyhördhet och bekräftande är något som stärker individens självkänsla och tillit till psykiatrin. Det som beskrivs som negativt är bland annat långa väntetider, brist på kunskap och kompetens hos personal och att inte bli tagen på allvar. Detta bidrar till minskad tillit till psykiatrin och dess personal samtidigt som det sänker individens självkänsla och förmåga att fatta självständiga beslut angående sin egen vård. Utifrån studiens resultat och tidigare forskning krävs ytterligare forskning kring hur det rättighetsbaserade förhållningssättet ska implementeras i praktiken och att det ställer krav på ökade resurser samt kunskap och kompetens hos psykiatrins personal. / Violations of human rights are a recurring problem in psychiatric care. This is because people who seek medical care psychiatry often have reduced opportunities to express their opinions, which makes it difficult to involve them in their own care. The purpose of the study is to examine patients' experiences of psychiatric care in relation to human rights values. The empirical material has been collected through 5 qualitative semi-structured interviews with individuals who have experience of mental illness and psychiatric care. The material has been analyzed based on a thematic analysis using the values of dignity and empowerment, equality and non-discrimination, participation and inclusion as well as transparency and responsibility. These values have also been the basis for the theoretical starting points that have been used to analyze the material. The results show that there are both positive and negative experiences of psychiatric care. Something that appears to be positive is that good treatment from staff that is characterized by responsiveness and confirmation is something that strengthens the individual's self-esteem and trust in psychiatry. What is described as negative are, among other things, long waiting times, lack of knowledge and competence among staff and not being taken seriously. This contributes to reduced trust in psychiatry and its staff at the same time as it lowers the individual's self-esteem and ability to make independent decisions regarding their own care. Based on the results of the study and previous research, further research is required on how the human rights-based approach should be implemented in practice and that it requires increased resources as well as knowledge and competence of the psychiatric staff.

Sector Wide Approach (SWAP) can be defined as collaboration between governments, development partners and civil society. It promotes coordination of various donor funded programmes to align with a common sector vision. In the case of South Africa, a water sector SWAP was introduced in 2000. Funds were directed to municipalities that were providing water known as Water Services Authorities (WSAs). This study examines the impact of the SWAP on tangible water delivery issues in Ukhahlamba District Municipality, Eastern Cape. The literature reviewed focuses on rural development in South Africa, and abroad. The quantitative aspect of the research considered various sources including primary data from municipal records of water services provision. Interviews were held with community members, municipal and provincial government officials. Analysis of information from these sources indicates some aspects of water delivery were positive and some negative. Recommendations for improvement and further research are made in the last chapter. / Development Studies / M.A. (Development Studies)

The purpose of this thesis is to analyze the understanding of human rights in Agenda 2030 and the role of companies by adopting a human rights-based approach to sustainable development. It applies a qualitative idea analysis of the primarily material where central concepts are operationalized by constructing a model of analysis based on dimensions. The dimensions of human rights as moral, politics and law, derives from previous research by the ethical theorist Elena Namli. A potential fourth dimension, the economic dimension of human rights, is further developed, applying research of the economists Dan Seymour and Jonathan Pincus. Furthermore, this research considers what Agenda 2030 indicates in terms of human rights obligations for companies and the impacts the perceived role of companies may have for human rights. Therefore, the theoretical framework is complemented by research of the political theorist Thomas Pogge's, and international lawyer Andrew Clapham’s ideas of human rights obligations for companies. The results show that Agenda 2030 encourages a multi-stakeholder approach and addresses companies as partners in order to achieve a sustainable development based on human rights. This can be regarded as an opportunity to enhance the respect, protection and fulfillment of human rights, inviting more actors to contribute in a complementary way to states. At the same time challenges remains in creating policies, accountability and monitoring mechanisms towards companies bothin terms of human rights and companies’ performance on the SDGs. Until there is more legal clarity, the moral question of what is good and fair business practice becomes central.

Sector Wide Approach (SWAP) can be defined as collaboration between governments, development partners and civil society. It promotes coordination of various donor funded programmes to align with a common sector vision. In the case of South Africa, a water sector SWAP was introduced in 2000. Funds were directed to municipalities that were providing water known as Water Services Authorities (WSAs). This study examines the impact of the SWAP on tangible water delivery issues in Ukhahlamba District Municipality, Eastern Cape. The literature reviewed focuses on rural development in South Africa, and abroad. The quantitative aspect of the research considered various sources including primary data from municipal records of water services provision. Interviews were held with community members, municipal and provincial government officials. Analysis of information from these sources indicates some aspects of water delivery were positive and some negative. Recommendations for improvement and further research are made in the last chapter. / Development Studies / M.A. (Development Studies)

Namibia continues to face an ongoing struggle in protecting the rights and civil liberties of its LGBT population with LGBT rights-based organisations in the country strongly relying upon their volunteers to take advantage of political opportunities and manage multiple visibilities. Despite a growing body of international research into volunteer motivation and the beneficial application of such knowledge in volunteer management strategies, a dearth of literature exists on the motives of volunteers within LGBT rights-based organisations. This study uses data from qualitative interviews with 6 formal volunteers from Namibian LGBT rights-based organisations to explore volunteer motivations. A thematic analysis of the research findings reveal the complex motivations underlying volunteering in these organisations. Volunteer motivations in Namibian LGBT rights-based organisations included: (a) addressing and promoting humanitarian concerns; (b) improved social interaction, integration and support; (c) self-regulatory opportunities for personal enhancement; (d) developing career prospects; and (e) responding to past homophobic incidents. Barriers to volunteering were also identified and included: (a) strained organisational resources; (b) LGBT discrimination; and (c) complacency. For volunteer recruitment and retention strategies to be effective, organisations need to recognise and satisfy volunteers’ motives while also properly training and assisting volunteers in their respective roles. Also, given the local LGBT community’s sense of complacency, Namibian LGBT rights-based organisations would greatly benefit by strategically engaging community members and working to overcome the community’s lack of urgency. / Psychology / M.A. (Psychology)

Magister Legum - LLM / The following thesis investigates the MACR in African Legal Systems. The MACR is the youngest age at which children in conflict with the law find themselves caught up in the harsh realities of the criminal justice system. Up until recently, debates around fixing a MACR had been successfully side-stepped since the adoption of the UNCRC in 1989. The UNCRC has provided for human rights for children on a global scale while the ACRWC provides for such rights regionally. Contracting States Parties to these treaties agree that there needs to be a MACR in place and have adopted a childrens rights-based framework for reviewing their current child laws, policies and practices in accordance with the minimum standards provided. They do not however, agree on what the fixed minimum age should be. / South Africa