It is difficult to define "human rights". Is it a political or a legal concept? Notwithstanding this difficulty which is primarily academic, Bophuthatswana has been able to entrench and enforce a justiciable Bill of Rights which is embodied in its Constitution. In Part One there is a general discussion on the concept of human rights together with a general overview of the events leading up to the independence of Bophuthatswana. The nature of the Bophuthatswana Constitution is analysed. The provisions of the Bill of Rights are enumerated and there follows a detailed discussion and analysis of all judicial decisions in which the Bill of Rights was in issue. The general theme of this thesis is to compare the Bophuthatswana Bill of Rights with other instruments, whether national, regional or international. Part Two, therefore looks at the protection of human rights in certain selected countries. These particular countries have been chosen because their Constitutions contain Bills of Rights. Part Two also examines in great detail the judicial protection of the rights guaranteed in each of these countries. For the sake of completeness, Part two concludes with a resume of the position of human rights in each of the other independent international states (that is, Transkei, Ciskei and Venda). Part Three considers the role of regional organisations and regional conventions on human rights of which the most effective is the European Convention. Part Four surveys the international protection of human rights, particularly the United Nations and the many conventions initiated by that body. Part Five comprehensively considers each human right enumerated in the Bill of Rights in a systematic and comparative manner with similar provisions in other national, regional and international instruments. In order that there might be some conception of the kinds of violations involved, decided cases under the European Convention are exhaustively referred to. Part Six concludes this thesis with a brief look at some other important rights (in the author's view) that are excluded from the Bill; and also a discussion on the future trends in Bophuthatswana with regard to the promotion and protection of human rights and fundamental freedoms. / Thesis (LL.D.)-University of Durban-Westville, 1984.

No abstract available. / Thesis (Ph.D.)-University of Durban-Westville, 2005.

A significant proportion of the world's population are routinely subjected to abuse, torture, humiliation, starvation and mutilation simply because they are female, more so in Africa where women's rights are still often viewed as distinct from human rights. This raises the question of state responsibility for protecting women's human rights. Women, as much as men, are entitled to full protection of their rights and freedoms because they are human beings. A decade ago, the United Nations summarized the burden of gender inequality by stating that women composed one--half of the world's population and performed two thirds of the world's work, but earned only one tenth of the world's income and owned only one hundredth of the worlds property. A look at the constitutions of many Southern African states would suggest that women enjoy equality and access to first generation hunlan rights across the region. In most of these constitutions 'discrimination' on the grounds of gender is prohibited, but the governments frequently do not have the nlechanisms in place to enforce these constitutional provisions effectively and women are therefore subjected to widespread practices of discrimination, violence and inequality. Although party to international human rights instruments that advocate gender equality, African states still take a particularly selective view of women's human rights and make this contingent upon local custom. Then one might find that the constitution and civil law give women the same rights as men, but make these subject to traditional practices that limit women's rights. This dissertation will address the issue of how customary laws limit women's human rights and will examine the role of the courts therein. We will also briefly look at the application of international human rights documents in domestic courts. In order to constructively and comprehensively examine the topic within the space constraints dictated, I had to limit this paper to a survey of five Southern African states that were chosen because of their common language, cultural and legal dualism, colonial histories, and the availability of case law. This paper will cover specific issues that affect women in the personal law of marriage, divorce, property rights and inheritance and will be limited to those areas where most inequalities occur. The reason that this paper will concentrate on the above-mentioned issues is that family law is central to African social, political and economic life. The importance of family law in traditional African systems cannot be sufficiently emphasized as it has been noted that in any study of African traditional economic and political arrangcments, the notion of family impinges upon almost every area of community life. These traditional rules are not merely historical curiosities but are part and parcel of the living domestic law in most Southern African states. We will now examine these domestic legal systenls. / Thesis (LL.M.)-University of Durban-Westville, 2002.

No abstract available. / Theses (LL.M.)-University of Natal, Durban, 1999.

This thesis examines the evolution of archival theory in light of the ascendance of human rights in Western society. Archives are situated as integral instruments in the protection of human rights within a Western context due to the European preference towards written evidence and bureaucratic systems. The thesis uses a negative case study to demonstrate the power of the record in affecting the human rights of citizens, but also situates access to the government archive among human rights.

The United Nations charter-based human rights apparatus has long been plagued by concerns of politicization. This pervasive issue first brought the demise of the United Nations Commission on Human Rights in 2006 and led to the creation of an entirely new entity, the United Nations Human Rights Council, in the hope of answering the concerns of the international community. Although major reforms were undertaken, politicization is now once again cited as one of the main issues of the new Council. In this essay, we identify the source of politicization as the intergovernmental nature of these human rights bodies, and suggest that mitigation of this issue is possible through the reform of the Council’s membership. The creation of a mixed expert-state body will allow for a more functional, depoliticized body in the protection and promotion of human rights.

The United Nations charter-based human rights apparatus has long been plagued by concerns of politicization. This pervasive issue first brought the demise of the United Nations Commission on Human Rights in 2006 and led to the creation of an entirely new entity, the United Nations Human Rights Council, in the hope of answering the concerns of the international community. Although major reforms were undertaken, politicization is now once again cited as one of the main issues of the new Council. In this essay, we identify the source of politicization as the intergovernmental nature of these human rights bodies, and suggest that mitigation of this issue is possible through the reform of the Council’s membership. The creation of a mixed expert-state body will allow for a more functional, depoliticized body in the protection and promotion of human rights.

No description available.

In 1996, socio-economic rights were included in the Constitution of South Africa as fundamental human rights. The state is thus compelled to give attention to the protection of people's socioeconomic rights. The question is: Is it the duty of the state alone, or does the church also have a calling with regard to socio-economic rights? In this study, the calling of the church with regard to the protection of socio-economic rights in South Africa is researched. Firstly, socio-economic rights as ethical principle are evaluated in the light of the Scripture. The conclusion is that socio-economic rights are important human rights that can be grounded as fundamental human rights. Thereafter, the history of the origin of socio-economic rights is researched and evaluated. In the history of socio-economic rights, it is grounded in the natural dignity of a human being. However, the Bible teaches that God gave people dignity. The history of socio-economic rights in South Africa is also researched and evaluated. South Africa has a long history of colonialism, segregation and apartheid, and the church has not always been an effective advocate for socio-economic rights. To understand the calling of the church with regard to socio-economic rights, the calling of the church in society is researched. Views of different church and theological traditions are researched and evaluated. The reformed view focuses on the kingdom of God, and the calling of the church with regard to socio-economic rights is described as worship, fellowship, testimony and service. In conclusion, concrete guidelines of how to be an advocate for socio-economic rights are given to the church. / Thesis (Ph.D. (Ethics))--North-West University, Potchefstroom Campus, 2007

This thesis examines the evolution of archival theory in light of the ascendance of human rights in Western society. Archives are situated as integral instruments in the protection of human rights within a Western context due to the European preference towards written evidence and bureaucratic systems. The thesis uses a negative case study to demonstrate the power of the record in affecting the human rights of citizens, but also situates access to the government archive among human rights.