M.Ed. (Educational Psychology) / Please refer to full text to view abstract

This politically engaged project locally grounds the efforts of low-wage workers in the United States who are addressing the nationwide epidemic of wage theft by focusing on the particular experience of organized hospitality cleaning workers at a worker center in Nashville, Tennessee. While being both collaborative and reflexive, this activist anthropological research utilizes observant participation, in-depth interviews, and organizational and archival research to explore the issues identified by members and organizers at the worker center, illustrate the alternative theories of change being generated from grassroots labor organizing efforts in light of state mechanisms that do not protect all workers, and to investigate the complex intersections of activism and academia in research settings. This study shows that wage theft is a more nuanced problem than an economic burden alone, that organized low-wage and immigrant workers are changing the landscape of U.S. labor organizing, and that academic-worker justice collaborations hold promising implications for social change.

Magister Legum - LLM / The current situation regarding the accountabilty of transnational corporations, using the lawsuit of the Herero community of Namibia against two German corporations that were involved in the German colonial enterprise that killed approximately 80% of the Herero tribe was explored. / South Africa

Magister Legum - LLM / Although the concept of human rights is very much accepted as part of human existence throughout the world today, there is still much controversy surrounding the idea of rights for children. The Constitution, however, not only recognises the fact that like all other members of society, children are capable of being bearers of human rights but emphasises also the special position of children in society by granting them specific rights in the Constitution. Health rights are particularly important for children as the entitlements and obligations created by such rights are necessary for children to realise their full potential. In this thesis the entitlements and obligations attached to children'shealth service rights in the COnstitution are explored. / South Africa

Magister Legum - LLM / South Africa

Magister Legum - LLM / After the 9/11 terrorist attacks in the United States of America, there has been a shift in the policies of many countries to combat terrorism. Terrorism has had a devastating effect on many citizens of the world. These include 'the enjoyment of the right to life, liberty and physical integrity of victims. In addition to these individual costs, terrorism can destabilise Governments, undermine civil society, jeopardise peace and security, and threaten social and economic development. All of these also had a real impact on the enjoyment of human rights. Therefore the fight to curb further terrorist attacks is paramount. States are charged with the responsibility of curbing terrorism by their citizens. But with responsibility comes obligations to the citizenry.2 States should therefore not engage in policies or actions that further deprive others of their enjoyment of human rights. This is well put by Hoffman when he says history shows that when societies trade human rights for security, most often they get neither. / South Africa

Although much has been written and discussed on the African Women’s Protocol in recent years, a number of misinterpretations and ambiguities remains regarding the source and scope of the specific rights enshrined in this revolutionary Protocol. From a legal perspective, the author singles out the provision of article 14 of the African Women’s Protocol (sexual and reproductive health rights) and begins with the tricky issue of identifying four aspects namely non-discrimination, abortion, informed consent and HIV/AIDS which in his opinion are fundamental to the protection and promotion of women’s sexual and reproductive health rights. Thereafter, with the help of case law, the author reviews the legal interpretations of these four aspects by some African, American, and Asian courts. At the UN level, decisions of the CEDAW Committee and the Human Rights Council are also reviewed. Of practical interest, reflecting on the four aspects, the author explores the interpretative approach of different social sciences such as sociology, anthropology and psychology in an attempt to introduce a multidisciplinary approach that could supplement legal interpretation and understanding of women’s sexual and reproductive health rights. / Dissertation (LLM)--University of Pretoria, 2011. / Centre for Human Rights / unrestricted

This thesis examines a group of Adrian Dominican sisters – how they maintained equilibrium through life transforming change wrought by Vatican II by engaging in a process of deep, long-term discernment. They are once again facing massive change. Their average age is 80, with as many as four sisters dying every month. Few new sisters are coming in, almost all of whom are women of color and born outside of the US. The sisters see a bright future in this demographic change. Through their history, their experiences of transformation track those of our society. Yet, they have managed change much differently. Through intense work, engaging in years of reflection on values, needs and desires, relying on each other for support, they have successfully transformed their lives and congregation. What can they teach us about coping with change? What can we learn from their process and from their outcomes, productive or dislocating?

Although performers have been rife for centuries, no legal regime was required for their protection owing to the fact that the nature of their performances was transitory. It was not until the invention of the phonogram in 1877, that the need to provide performers with the means to protect the unauthorised uses of their performances became an issue. The subsequent development of performers' rights has been fuelled by the rapid technological developments of the modern age which has prompted the international community to respond through various international instruments. Performers initially sought protection in terms of the Berne Convention in 1886, but it was not until the Rome Convention in 1961 that performers were first accorded international recognition. This was followed by the TRIPs Agreement in 1994 and the WPPT in 1996. This work involves an investigation into the historical development of performers' rights in the United Kingdom and South Africa. This is followed by a comparative analysis of the current state of performers' rights as between the United Kingdom and South Africa with a view to proposing recommendations for improving the level of protection accorded performers in South Africa. Arguments in favour of a regime of performers' rights as well as possible counter-arguments have been advanced. The general development of performers' rights as a related or neighbouring right to copyright is focussed on. The development of performers' rights in the United Kingdom is discussed with reference to the first English legislative form of protection, namely the Dramatic and Musical Performers' Protection Act, 1925. This Act only provided performers with criminal remedies, a view that prevailed through several subsequent enactments designed to protect performers as a result of ratification of the Rome Convention. It was not until 1988 when the decision in Rickless v United Artists Corp prompted the legislature to grant performers with enforceable civil remedies through the enactment of the Copyright, Designs and Patents Act, 1988. Several European Union Council Directives aimed at harmonising the law relating to performers' rights throughout the Union were issued, mainly in response to the TRIPS Agreement. In order to comply with these Directives, the United Kingdom passed Regulations to bring about the necessary amendments to the Copyright, Designs and Patents Act. Performers in the United Kingdom were granted moral rights in 2006 as a result of the United Kingdom's ratification of the WPPT. The development of performers' rights in South Africa has been slow when compared to that of the United Kingdom. It was not until 1967 that performers were first legally recognised in South Africa. Although South Africa has yet to ratify the Rome Convention, it was stated in South African Broadcasting Corporation v Pollecutt that the Act was clearly passed with a view to complying with the Convention. South Africa's ratification of the TRIPs Agreement brought about amendments to the Act, particularly regarding the duration of protection which was increased from 20 to 50 years. Although South Africa played an active role in the conclusion of the WPPT, it has yet to ratify it. However, amendments were made to the Act in line with this Treaty, such as the incorporation of “expressions of folklore” within the ambit of protection, and the granting of a right to receive royalties whenever a performer's performances are broadcast. This is commonly known as needletime. South Africa's reluctance to grant performers with moral rights as provided for by the Treaty is noteworthy. The introduction of needletime into South African law has resulted in a fierce debate between collecting societies (who represent authors and performers) and the NAB (who represent users of performances). Mainly as a result of this dispute, performers in South Africa have, to date, not received any royalties due to them. The protection of traditional knowledge has also received attention of late with the Intellectual Property Laws Amendment Bill, 2010 which aims to bring traditional knowledge inter alia within the ambit of the Performers' Protection Act. The current state of performers' rights in the United Kingdom and South Africa are compared in order to identify ways in which the level of protection accorded performers in South Africa could be improved. The Copyright, Designs and Patents Act is compared with the Performers' Protection Act through emphasis being placed on the definition of a “performer”; the definition of a “performance”; the nature of performers' rights; exceptions to infringement; the term of protection; the retrospectivity of the legislation; and the enforcement measures in place. Upon analysis, it was found that the Performers' Protection Act can be amended in several ways in order to increase the level of protection accorded performers in South Africa.

This study explored the balancing out of the rights associated with terrorist and counter-terrorist attacks by using descriptive case studies of the US 9/11 attacks; and the counter-terrorist attacks on Afghanistan and Iraq. The research was conducted within a critical theory paradigm, drawing on the ideas of Habermas and other Critical Theorists. The research design was influenced by the securitive and ideological nature of the topic and it was decided that an extensive review of literature would be more suitable than a field study. A small number of interviews added to the richness of the data. Human rights, needs and international relations were investigated to serve as a theoretical starting-point for the study (Chapter 2). The case studies were subsequently explored against the background of this theoretical approach. This thesis therefore assessed the impact of human rights law on terrorism and counter-terrorism attacks under the Human Rights Act (1998). It considered how the provisions of the Human Rights Act have influenced the formulation and interpretation of anti-terrorism laws, and it examined the role of the judiciary in adjudicating disputes between the individual and the state. It further discussed human needs and the progress on human rights, terrorist attacks, as well as counter-terrorism attacks. Extensive data was gathered on the 9/11 attacks, and it was concluded that these attacks fall within the definition of crimes against humanity under international human rights jurisprudence. To bring about a truly secure world we must adopt a new paradigm that shifts priority to the security of the individuals and of communities to achieving human security, the honouring of human rights, and respect for the rule of law. This will obviously require a renewed commitment by all individuals and a shared sense of responsibility for all people, all over the world. What we need now is a major course correction – a new iii A. Fabbriciani approach which begins with a broader understanding of what defines human rights and the rule of law (Wilson, 2007). The study also focuses on counter-terrorist attacks in Afghanistan and Iraq (Chapters 3 and 4). It was shown that counter-terrorist attacks had an effect on the global economic system and development policies, which have been dominated by ideological strategies for many years. However, resistance has come from Islamic states, which have realised that new-liberal economic practices are incompatible with their theological and economic traditions. This has caused a situation to rethink global development programmes by political leaders, and to move away from new-liberal schemes towards true global development strategies. One of the main findings of the study was that the crimes of persecution and torture on the basis of political or religious views have been perpetrated by both parties, namely Al-Qaeda, and the US and its allies. It has been shown that the explored acts of terrorism and counter-attacks represent crimes against humanity, as defined by the relevant provisions of international law.