South Africa is a country that in the past has experienced gross human rights violations, and therefore has sought never again to have such violations. The government has sought to protect people's human rights by including them in the country's Constitution. Furthermore, South Africa has engaged with various international human rights bodies to further advocate for good human rights practices. However, the country has encountered some domestic challenges, with inequality and poverty being rife in the country. These challenges have implications for South Africa's economic foreign policy goals. This study explores South Africa's foreign policy with the Chinese government and the Zimbabwean government to explain why the country has chosen countries with poor human rights such as these. The research study will be centred around the period from 2008 to 2017. The offensive realism theory formed the theoretic framework of this research study. The study employed a qualitative research strategy as well as an interpretivist research paradigm. The findings show that when it comes to South Africa's foreign policy agenda, the government's goal is to establish a partnership with another country that will ultimately benefit the economic interests of South Africa, regardless of the country's human rights principles.

Includes bibliographical references. / There are millions of children worldwide without parental care, families and homes. The HIV/AIDS pandemic, civil wars and poverty among other factors have contributed to the population of millions of orphans and destitute children in Africa. The Convention on the Rights of the Child (CRC) provides that ‘a child temporarily or permanently deprived of his or her family environment, or in whose best interests cannot be allowed to remain in that environment, shall be entitled to special protection and assistance by the State.’ Thus, States Parties have an obligation to provide alternative care for such children in accordance with their national law. Such care includes ‘foster placement, kafalah of Islamic law, adoption and placement in suitable institutions.’ The CRC also recognizes intercountry adoption as one of the many possible solutions to children deprived of a family environment or parental care. However, it is only considered as a last resort if the child cannot be cared for in the country of origin.

This thesis seeks to uncover the challenges encountered by women and girl victims of rape in seeking recourse through the criminal justice system in Kenya. To do this I focus on their experiences in three major points of service provision, i.e. the police, the health facilities and the courts. I then explore, as a secondary research question, whether an integrated service provision approach provides solutions to these challenges. Article 48 of the Constitution of Kenya provides that 'The state shall ensure access to justice for all persons and, if any fee is required, it shall be reasonable and shall not impede access to justice'27 This obligation places a tall order on the state and all its agents to ensure that anyone in pursuit of justice should access it with the minimum obstacles.

This research analyses the Global Compact on Refugees("GCR"), adopted in 2018 by the United Nations General Assembly. It aims to discuss whether the document, a non-legal document offers durable solutions to developing countries who host more than 80% of the world´s refugees and asylum seekers population. The paper does this by outlining the key components of the GCR, doing a comparative study of Kenya and Jordan, and looking at what impact the GCR might have had on the programs already running in Kenya and Jordan. The two countries were chosen as they were part of the Comprehensive Refugee Response Framework countries, which greatly influenced the development of the GCR. The paper comes to the conclusion that the GCR has great potential in dealing with the Refugee crisis in the world, but this is hinged on the political will of the developed countries and international cooperation. The research underlines topical issues in international refugee protection such as "accidents of geography" that leads to most refugees seeking refuge in neighbouring countries, which more often are not are developing countries. The research paper further gives the strengths of the GCR, critiques it and gives recommendations based on the comparative studies.

Regional Organizations hereinafter referred as Regional Economic Communities (RECs) are the building blocks of the African Union. They promote regional integration, democratization, cooperation, development and peace and security within African States. RECs complement the instruments of the AU on democracy consolidation and its shared norms and values. Since elections are at the centre for democracy, development and human rights, RECs have a mandate to protect and promote them. Protection and promotion of democratic elections have become a priority among the RECs. RECs have adopted legal instruments to protect democratic elections. They observe elections within Member States. They effectively conduct pre- and post-electoral audits to facilitate smooth conduct of elections. They facilitate mediation when electoral disputes arise. RECs also facilitate political negotiations and dialogues in times of electoral conflicts. They enhance restoration of democracy when it is violated. They assist with interventions when governments act unconstitutionally and refuse to step down from power. In some cases, they impose sanctions, where necessary, to states violating democracy and human rights. Thus, the role of the RECs is dynamic and has been expanding over the years to meet the needs of their regions. However, despite the establishment of RECs, and their mandates in supporting consolidation of democracy, election disputes have been prevalent in Africa. Electoral malpractices have been in the form of vote rigging, manipulation of vote results, refusal of incumbent heads of state to step down after losing elections to mention a few. This happened in the Gambia in 2016 as discussed in this study. In some cases, independent electoral commissions have committed gross errors in vote counting as in the case of Zimbabwe 2018 elections. These errors have caused election disputes and political uprisings. Election monitoring bodies have also failed to provide accurate reports on the outcome and conduct of elections and have caused a cycle of contested elections in some African countries. The case of the SADC Observer Mission in Zimbabwe is a good example in this study. Elections that have lacked credibility and integrity have led to crises of legitimacy in governance. The lack of legitimacy and credibility of elections have undermined human rights and freedoms linked to democratic elections. This research argues that contestations over elections should not be seen in isolation from the entire human rights discourse. Human rights are interdependent and, therefore, when one right is affected other rights suffer in turn. Protection of a single right such as, the right to vote, has a positive impact to the realisation of many human rights.

South Africa’s peaceful transition to democracy in 1994 and its related efforts to be a champion for human rights promotion and protection are well documented. Since the advent of democracy, it has signed and ratified seven of the nine core international human rights treaties. Having overcome a history of racism and human rights violations in a peaceful manner, it assumed the status of a leading state actor in the fields of human rights and democracy. This study reveals that state compliance is complicated and that many states including South Africa grapple with reporting obligations. This thesis contributes to the understanding that non-compliance with reporting obligations is not intentional, nor necessarily is it a result of state unwillingness to comply. It reveals that compliance gaps may arise from various factors, including state capacity and institutional effectiveness. This thesis reflects on South Africa’s compliance and reporting performance under three selected United Nations (UN) human rights treaties, namely, the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD), the International Covenant on Economic, Social and Cultural Rights (ICESCR), and the International Covenant on Civil and Political Rights (ICCPR). The three treaties were chosen owing to the critical role they can play in deepening the understanding of human rights in the country from economic, social, civil and political, and elimination of racism perspectives. They largely mirror the Constitution of South Africa and the country’s challenges, as it continues to grapple with the legacy of racism, poverty, inequality and underdevelopment. Their combined meaning and significance in South Africa needs to be better understood and explored. Compliance with UN human rights treaties is considered a global standard of good global citizenship. State reporting is, therefore, an important avenue to demonstrate South Africa’s compliance with its reporting obligations and commitment to human rights promotion and protection. / Thesis (PhD (International Relations))--University of Pretoria, 2021. / DIRCO / Political Sciences / PhD (International Relations) / Unrestricted

While the Universal Declaration for Human Rights (UNDHR) guarantees rights as absolute and universal, the practical realisation and extension of these rights remain arguable in different countries. With regard to UNDHR Article 25, the right to healthcare, the South African Constitution guarantees the right to primary health care for all. This obligation is fulfilled, from a legislative perspective, by the National Health Act. In the context of the HIV/AIDS pandemic, sex workers are a key population on account of both their vulnerability to infection and propensity to spread infection by virtue of the work they engage in. Their unrestricted access to healthcare services is critical in terms of the national response to the pandemic. Various studies have highlighted how, despite the existence of a progressive Constitution and progressive health legislation, sex workers continue to experience significant challenges in accessing public healthcare services. This study sought to provide an explanation for the contradictions between legislative provisions and the lived realities of sex workers. A multi-pronged theoretical approach was utilised that included a trans political and queer theoretical approach, complemented by an intersectionality perspective, as an analytical tool to explore the existence of invisible networks that create conditions for discrimination and exclusion. The study revealed the existence of invisible networks that work to deter sex workers from seeking health care services and other rights-related services, leaving them to employ survival strategies that are mostly unorthodox and harmful. The report concludes with recommendations on factors to consider if the access to health care services is to be fully realised by this important sub-population group. / Mini Dissertation (MPhil (Multidisciplinary Human Rights))--University of Pretoria, 2020. / Centre for Human Rights / MPhil (Multidisciplinary Human Rights) / Unrestricted

"For a long time patriarchial African societies have denied women their rightful place in public life. There are certain cultural practices within these patriarchal societies, which impede the realisation of the human rights of women. Such cultural practices have impacted on the division of power and perpetuated the stereotypical roles of women within those societies. The diminshed status of women in public life does not accord with universal human rights norms and standards. The fact that Swaziland has not ratified the International Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) makes it difficult for women to vindicate their rights within the United Nations (UN) structures. The right to participate in public affairs is recognised and enshrined as a fundamental human right in both universal and regional human rights instruments. The exercise of this right ensures that citizens, both men and women, have a say in the affairs of the government of their respective countries. The scope of this right includes the right to vote and to be elected at genuine periodic elections, which shall be by universal and equal suffrage held by secret ballot, guaranteeing the free expression of the will of the electors. The deeply patriarchal nature of the two kingdoms presupposes that social, legal and political power is mainly vested in men. With the exception of royal women, "commoner" women are often given inferior roles or none at all in public life. The number of women holding positions in public life in both kingdoms suggests that there is an inherent anomaly in the division of power. ... Chapter two of this study examines the legal and institutional framework regulating the right to participate in public affairs at international and regional level. It does so by identifying the international and regional human rights instrumetns governing the exercise of this rights. The chapter focuses on the Universal Declaration of Human Rights (UDHR), the International Covenant on Civil and Political Rights (ICCPR), the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), the African Charter on Human and Peoples' Rights (ACHPR) and the Protocol to the African Charter on the Rights of Women. It also discusses the role of the treaty bodies established under the ICCPR and CEDAW as well as the African Commission on Human and Peoples' Rights. The third chapter examines the provisions of the national constitutions of Uganda and Swaziland, governing the right to participate in public affairs and the enforcement mechanisms created under those constitutions. It also analyses the political set-up in Buganda and Swazi kingdoms including the traditional set-up in Swaziland. Chapter four starts by defining culture and then goes on to explore the debate over the universality of human rights and cultural relativism. Beyond this debate, the chapter proposes a way for finding a common ground between the two theories. It then turns on to focus on cultures and traditional practices impacting on the rights of women to participate in public affairs in the two kingdoms. Chapter five gives a brief exposition of the role of roqyl women in both kingdoms. Here emphasis is on the roles of the queen mothers in both kingdoms, the role of the queen sister in Buganda and the princess of the country in Swazilnad. Finally, chapter six presents the conclusion of the study. This chapter also advances recommendations, which may be useful in assisting other traditional African societies in the full realisation of the right." -- Introduction. / Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2003. / http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html / Centre for Human Rights / LLM

This study addresses the following questions: (1) What is the human rights situation in prisons in Africa? What challenges do African prisons face in general? (2) Is there a legal framework in place for the protection of prisoners’ rights in Africa and how does it relate to other human rights instruments? What is the mandate of the Commission in relation to the prisoners’ rights? (3) What has the Commission done and achieved under its promotional and protection mandates in respect of prisoners’ rights? Have the various mechanisms been fully utilised in relation to prisoners’ rights? How has the Commission been able to optimise its relationship with the states, civil society and national human rights institutions to fully protect these rights? (4) If the conclusion is reached that the Commission has not effectively addressed issues of prisoners’ rights, how would it do so more effectively? / Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2008. / A Dissertation submitted to the Faculty of Law University of Pretoria, in partial fulfilment of the requirements for the degree Masters of Law (LLM in Human Rights and Democratisation in Africa). Prepared under the supervision of Lukas Muntingh and Jamil Mujuzi of the Community Law Centre, Faculty of law, University of the Western Cape, South Africa / http://www.chr.up.ac.za/ / Centre for Human Rights / LLM

It can be argued that the definition of a child as a human being below the age of 18 years is a western construct due to the fact that in Africa the duration of childhood is much shorter than that of the West. Thus, in some African societies childhood ends at the age of 14 or 16 depending on the cultural implications in that society. It must be pointed out here that there is no universal definition of childhood due to the fact that the definition of a child is culture specific. Having laid down the differences in the definition of childhood between Africa and the West, it is necessary to discuss the concept of children’s rights. / Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2010. / A dissertation submitted to the Faculty of Law University of Pretoria, in partial fulfilment of the requirements for the degree Masters of Law (LLM in Human Rights and Democratisation in Africa). Prepared under the supervision of Angelo Mutusse of the Centre of Human Rights, Faculty of Law, Eduardo Mondlane University, Maputo, Mozambique. 2010. / http://www.chr.up.ac.za/ / Centre for Human Rights / LLM