This thesis argues that international copyright law should play a stronger role in the implementation of authors’ and users’ international human rights. In international human rights law, authors’ and users’ human rights are two sides of the same coin: both derive from human dignity and contribute to the development of the human personality. Authors have a set of moral and material interests that entitle them, as a minimum, to an adequate standard of living, to be (or not to be) associated with their intellectual works, and to object to any distortion or mutilation of those works. These entitlements receive a viable back up protection from authors’ human rights to freedom of expression and property. At the same time, users have human rights in culture, arts, and science that entitle them to access, use, and share intellectual works. Also, their human rights to freedom of expression and education reinforce these entitlements. Authors’ and users’ human rights are reciprocal, mutually-reinforcing, and mutually-limiting. Thus, their balanced implementation—by means of legislation or adjudication—depends on three rules: authors’ and users’ human rights are limited, they are not hierarchal, and they are interdependent on and indivisible from other human rights and freedoms. On the other hand, despite its practicality and predominance, the exclusive-right system of international copyright law does not necessarily enable authors to achieve an adequate standard of living, and TRIPS has explicitly overlooked their moral interests. Similarly important, the nature and nurture of international copyright law do not give due weight to users’ human rights. International copyright law includes very few mandatory exceptions and limitations, which are supposed to address users’ rights by granting them some liberties or immunities when using intellectual works, but states’ ability to devise new exceptions and limitations is curtailed by the three-step test. Overall, international copyright law fails to meet the balance requirements of international human rights law since it creates a set of hierarchies between the rights it regulates, sometimes fails to recognize the limited nature of authors’ rights, and is inattentive of copyright’s impact on the whole corpus of international human rights. The thesis suggests that international copyright law should become clearer— and more interested—in implementing the international human rights of authors and users of intellectual works. It can do so by incorporating as an objective the implementation of authors’ and users’ human rights in a balanced manner. This objective can function as a ground rule on which further measures necessary for the implementation of authors’ and users’ human rights may rely. In addition, it can provide normative support to some scholars’ proposals for reforming international copyright law. The new objective of international copyright law may become part of the regime through amending TRIPS, interpreting its provisions by the WTO panels and Appellate Body, or establishing a new international copyright instrument.

The law is something that as individuals we live every day. From paying for our groceries, drafting purchase orders, to employment policies and practices, the law structures the way we interact with each other. In so doing, it shapes our behaviours, affects our autonomy, our emotional well-being, and the ability to resolve problems in creative ways. In effect, it has the capacity to shape who we are. Equality rights law is designed to remove barriers that otherwise inhibit individuals from meaningfully participating in a democratic society. The following research applies a Relational Approach to the study of law by exploring how equality rights structures the Self and its capacity to engage in interactive creation. The research employs an experimental design. 516 volunteer undergraduate students participated in an experiment that manipulated the structure of equality rights law. Participants were assigned to one of three conditions: the construction of the law, its interpretation, or its combined structure. Within each of the conditions, participants were asked to negotiate a cultural-religious conflict. The effect of each of these conditions was tested on the participants’ Relational, Affective, and Creative Selves. The results of this research demonstrate that equality rights law is an influential force on the Self and can be a means by which deep conflicts can be attenuated or even resolved. The results however go deeper. They suggest that just by shaping the law in particular ways, its effect can have a potentially significant impact on how we engage in constructing long-term relationships with individuals, organizations, and even the State. Le droit est quelque chose que chaque personne vit au quotidien. Que ce soit de payer l’épicerie, de rédiger des bons de commandes, d’examiner les politiques et pratiques reliées à l’embauche, le droit structure la façon dont nous interagissons les uns avec les autres. Ce faisant, il façonne nos comportements, affecte notre autonomie, notre bien-être émotionnel, et notre capacité de résoudre les problèmes de façon créative. En effet, le droit a la capacité de façonner qui nous sommes. Le droit à l'égalité est conçu pour éliminer les obstacles qui autrement, empêcheraient des individus à participer de façon significative dans une société démocratique. La recherche suivante applique une approche relationnelle du droit en explorant comment le droit à l’égalité structure le Soi et sa capacité à inciter des interactions créatives. La recherche utilise un modèle expérimental. 516 étudiants bénévoles au niveau du premier cycle ont participé à une expérimentation manipulant la structure du droit à l'égalité. Les participants ont été mis dans une des trois situations impliquant soit la construction du droit, son interprétation ou sa structure. Dans chacune de ces situations, les participants ont été invités à négocier un conflit d’ordre culturel et religieux. L’impact de chacune de ces situations a été testé sur l’autonomie, le bien-être émotionnel et la créativité des participants. Les résultats de cette recherche démontrent que le droit à l'égalité est une force influente sur le Soi et peut être un moyen par lequel des conflits majeurs peuvent être atténués ou même résolus. Cependant, les résultats vont plus loin. Ils suggèrent que, tout en façonnant le droit de façon particulière, ceci peut avoir un impact potentiellement significatif sur la façon dont nous nous engageons dans la construction de relations à long terme avec des individus, des organisations, et même l'État.

Magister Legum - LLM / This paper reports on the findings of a study on the importance of documentation for unaccompanied separated migrant children on South African soil. The objectives of the study is to identify what the international and national laws and policies state about protecting children’s rights, particularly, their socio-economic rights, in the context of irregular migration. Their rights to have legal documentation, their right to education as well as health care, among others. Most importantly, the paper attempts to gain an understanding of the role and obligations of South African stakeholders in terms of the requirements of documentation and the implementation of the relevant laws and policies. To understand what the relevant stakeholders such as NGO’s, DE, Health, DSD and DHA do to protect USMC’s socio-economic rights. Their right to documentation, their right to education, to health care, to the justice system and child protection systems.

Thesis (M.A. (Nursing Science) -- University of Limpopo, 2020 / Background Patient’s awareness of the patients’ rights charter was assessed as it was not known and strategies were developed to improve patients’ awareness in the selected hospitals of the Limpopo Province. Aim To assess, describe and explore patients’ awareness of their rights and to develop strategies to improve patients’ awareness of their rights. Study methodology A qualitative exploratory and descriptive research approach were used. Data were collected from 30 patients using semi-structured face-to-face interviews. Data were audiotaped and field notes were taken. The Turfloop Research Ethics Committee gave ethical clearance. The Department of Health permitted for the study to be conducted in the selected hospitals. Ethical considerations and measures to ensure trustworthiness were observed. Results Results showed that patients lacked awareness of the Patients’ Rights Charter and they could not give examples or name the rights they have as patients. The study revealed that sources of information regarding the Patients’ Rights were limited. Patients indicated that Patients’ Rights implementation was situational. Patients also experienced disrespect regarding their rights. In addition, strategies to improve patients’ awareness regarding the Patients’ Rights Charter were developed from the themes that emerged from this study.

"Human rights education (hereinafter HRE) squarely fits into the promotional mandate or obligation [of the African Commission on Human and Peoples' Rights]. The Commission is implementing its promotional mandate by disseminating copies of the Charter [African Charter on Human and Peoples' Rights] and sensitising governments about their responisiblities to citizens. There are also ongoing thematic human rights conferences, workshops and ad hoc training programmes throughout the continent. In addition, human rights are taught in some states over the continent as a subject by itself, especially in law faculties of universities, or as a component of interdisciplinary courses. But still, observers and specialists, notably teachers of higher education, who have a certain amount of experience in HRE, admit that there exists no African system of HRE stricto sensu. Many African states do not also have HRE programmes proper. This paper stresses the importance of HRE to avoid violations of human rights and pleads for practical steps by African states to carry out their obligations with respect to promotion of human rights. It also suggests the effective usage of the African Commission's mandate of examination of states reports for monitoring and co-ordination of HRE activities. It will do these by laying down a framework for planning, implementaiton and co-ordination of HRE programmes. ... Chapter one provides background to the study, identifies the problems to be tackled, summarises the relevant literature and introduces the objectives, hypotheses, methodology and scope of the study. Chapter two defines human rights and HRE. It also lists the goals of HRE and discusses the importance of the same. Moreover, it identifies normative foundations for HRE. Chapter three discusses the elements of efficient programmes for HRE. It identifies factors of effectiveness of HRE programmes from its design to its implementation. Chapter four deals with the role of state and non-state actors in HRE and suggests ways of building partnership samong the actors and co-ordination of efforts by the African Commission. Chapter five concludes the paper and provides [a] list of recommendations for effective HRE in Africa." -- Introduction. / Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2004. / http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html / Centre for Human Rights / LLM

"As will be seen, the OAU Refugee Convention contains many provisions which, if not properly construed, might lead to a great curtailment of refugees' political rights. Yet the right to participate in the government of one's country is guaranteed by a number of international human rights isntruments. In any case, when people are forced to leave their country of origin, it is simply natural for them to seek the means whereby they could go back to their country of origin. ... Besides, not only voluntary repatriation is generally regarded as the most desirable solution to the refugee problem, but also it has been observed that a successful return is dependent upon the political conditions in the country of origin. It will be argued that refugees should be allowed and assisted to play a proactive role in order to create a political environment propitious to their return. ... The first chapter is a presentation of the study, its background, the research questions, the literature review, the methodology and the limitations to the study. The second chapter deals with the problems related to the refugee status and international protection. It is a presentation of the big picture of international refugee protection, with a focus on Africa. From an African point of view, it looks at the definition of the term refugee, the refugee status and the available protection mechanisms. The third chapter discusses the traditional durable solutions to the refugee problem, as well as the new approaches in refugee protection. It discusses the availablility, effectiveness and shortcomings of traditional solutions, and highlights repatriation as the most suitable solution to the refugee problem. The fourth chapter is a reflection on the right to repatriation and the extent to which political participation of refugees can be used to realise that right. This chapter examines the legal foundation of the right to return, the significance of political participation to that right, highlights the major obstacles to political participation of refugees, and puts forward ideas that might serve as guidelines for enhanced participation of refugees in the political life of their country of origin. The last chapter is a summary presentation of the conclusions and recommendations drawn from this study." -- Introduction. / Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2006. / Prepared under the supervision of Prof. T.P. van Reenen at the Faculty of Law, University of the Western Cape / http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html / Centre for Human Rights / LLM

The African Union (AU) was set up in the year 2000 by the Constitutive Act of the African Union (Constitutive Act). Part of AU’s objectives for its creation includes; the promotion of peace, security and stability on the continent as well as the protection and promotion of human and peoples’ rights in accordance with the African Charter on Human and Peoples’ Rights (ACHPR).2 As part of fulfilling this objective, the African Court on Human and Peoples’ Rights (ACtHPR) was established3 with a wide human rights protective mandate which allows it to determine cases and disputes concerning the interpretation and application of the ACHPR and other international human rights instruments.4 / Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2010. / http://www.chr.up.ac.za/ / Centre for Human Rights / LLM

In the Constitutional Court case of Mazibuko and Others v The City of Johannesburg and Others CCT 39/09 [2009], a case dealing with the question of access to water, the presiding judge, Kate O'Regan CJ, makes the following opening remarks to the judgment: 'Water is life. Without it, nothing organic grows. Human beings need water to drink, to cook, to wash and to grow our food. Without it, we will die. It is not surprising then that our Constitution entrenches the right of access to water'. My aim in this dissertation is to investigate the couplet of law-life and the political in the Constitutional Court case of Mazibuko and Others v The City of Johannesburg and Others. The case stands as an exemplar of the intersection of life and the political by virtue of its focus on socio-economic rights, specifically the right of access to water enshrined in the Constitution. The history of the case, the jurisprudence employed by the courts, and the responses and critiques to the Mazibuko case add to the problematics to be investigated here. What would it entail if the couplet of law-life would be brought to the concept of the political? It would mean interrogating how life and law is constructed by the political and not merely how the political manages and regulates life through law. If life is considered to be a matter of bare necessities, or mere biological life, there would not be a need to consider the question of the political relation to life; it could be delegated, as it has practically been, to technocratic governmental policy. Bringing the political to questions of life would reveal how the political implicates life in its constituting moment. In this dissertation, I will explore how the political could be brought to the couplet of law-life, focusing particularly focus on socio-economic rights, international law, colonialism, and constitution making. / Dissertation (MA)--University of Pretoria, 2017. / Philosophy / MA / Unrestricted

The original works of copyright holders included tangible creations, as music written on a page, thereby, extending copyright protection to songwriters and music publishers. Until 1995, absent from U.S. copyright law was protection for copyright owners of intangible sound recordings. the Performance Rights Act (PRA) seeks to amend the US copyright law in order to grant copyright holders of sound recordings the right to performance royalties from terrestrial broadcast radio. If passed, the legislation would be unprecedented in the United States. the PRA has implications for broadcast radio, record labels, and performing artists. This study includes historical and legal perspective of previous attempts at legislation of this nature and predicts outcomes of current legislation.

The lack of access to effective diagnosis and treatment of drug-resistant tuberculosis (DR-TB) remains a persistent global challenge. Human rights arguments for access to treatment mostly focus on the right to health. However, a key challenge in access to effective diagnosis and treatment is the glaring absence of scientific research in neglected diseases such as TB. This thesis sets out to elaborate the right to enjoy the benefits of scientific progress and explore its potential to increase scientific research in DR-TB and consequently enhance access to effective diagnosis and treatment in South Africa. This research project was conducted using three interrelated sub-studies; a legal analysis sub-study which examines the current conceptualisation of the REBSP in international law; a policy analysis sub-study which interrogates South Africa’s legal and policy efforts towards the realisation of the REBSP and access to diagnosis and treatment for DR-TB; and a qualitative sub-study which explores the South African context regarding research and development (R&D) in general, and in DR-TB in particular. The qualitative sub-study included 17 stakeholders who are active in TB R&D, advocacy and policy work, from human rights and research institutions, government agencies, civil society organisations, and donor agencies. This thesis finds that the REBSP essentially ensures two things, namely the production of science and access to the benefits of scientific progress. However, most countries including South Africa have systems, policies and resources aimed at advancing the production of science but lack similar systems, policies and resources to purposely ensure the enjoyment of the benefits from scientific progress. Internationally, there is no clear guidance on the interpretation of the REBSP, making it difficult for states to domesticate it in their national policies and framework laws. A General Comment by a UN human rights monitoring body is therefore urgently needed to secure global consensus on the interpretation of the REBSP. In the meanwhile, South Africa can still draw inspiration for the REBSP and together with the right to health, use it to advance access to DR-TB diagnosis and treatment alongside many other interventions. To enable better access to effective diagnosis and treatment of DR-TB, this thesis recommends that South Africa i) develops systems that would make scientific progress and results accessible, and affordable; ii) removes system and regulatory barriers that hinder the conduct of research or that delay registration of new drugs; iii) monitors and regulates the conduct of third parties and prevent them from exploiting communities; iv) encourages pharmaceutical companies to provide free access to successful treatment and tools in communities where trials are conducted; and v) mobilises financial and technical resources and allocates them to DR-TB researchfrom drug discovery through to implementation science.