Made available in DSpace on 2016-04-26T20:30:10Z (GMT). No. of bitstreams: 1 Milena Carla Azzolini Pereira.pdf: 625748 bytes, checksum: 37664a5fca3437ce8b4a1a1504d8f947 (MD5) Previous issue date: 2010-05-17 / Despite all legal protection of the human rigths, they are often violated. This work intends to evaluate the reasons why poverty and its results can be consider the causes of this rights violation. Once the protection assured by formal equality showed itself insufficient, the ideal of real equality started to be reached. Because of this, economics and social measures are required to struggle the poverty. In this view, social rights, realized by the state, are an important way to give social welfare to people and provide real perspective to change this reality / Apesar de toda a proteção normativa dos direitos humanos, são eles ainda violados constantemente. Este trabalho objetiva avaliar as razões pelas quais a pobreza e suas conseqüências podem ser consideradas causas de violação destes direitos. Uma vez que a proteção garantida pela igualdade formal mostrou-se insuficiente, passou-se a buscar o ideal de igualdade material entre as pessoas. Por esse motivo, são necessárias medidas econômicas e sociais para o combate à pobreza. Sob esse aspecto, os direitos sociais, prestados pelo Estado, constituem um importante instrumento que conferem bem-estar social à população e que proporcionam perspectivas reais para a mudança dessa realidade

"Although the African Commission recognised that non-state actors (in this case the transnational corporations (TNCs)) contributed to the violations that prompted the SERAC communication, it failed to hold the TNCs accountable for the violations. The Commission rather held the state party responsible [for] failing to prevent the violations in its territory. The reason for the failure of the Commission to hold the non-state actor accountable is obvious. As Anderson has noted, 'conventional jurisprudence contends that human rights are enforceable only against the acts of omissions of the state rather than the acts of private entities'. Consequently, especially in international fora, violations by non-state actors have gone largely unaccoutned for. Hence, commentators have argued in favour of seeking an appropriate regime for holding non-state actors accountable for such violations, some arguing for horizontal application at international fora. However, non-state actors lack the status to allow Charter institutions exercise jurisdiction over them. This leaves the option of domestic systems as fora for their accountability. Thus, the emerging principle of horizontal applicability of human rights in domestic jurisdictions and the assumption of independent judiciaries provide the premises for this study. ... Chapter 1 contains a general overview of the study. In Chapter 2, the essay examines the scope and content of the right to a satisfactory environment as contained in the African Charter. Chapter 3 examines the existing framework for the realisation of the right to a satisfactory environment under the African Charter. The SERAC case is considered briefly in this chapter as an example of the difficulty to arrest non-state actor violations in the existing framework. Chapter 4 presents the case for horizontal application of article 24 of the African Charter at the domestic level as a complimentary approach to realisation of the right. The debate on horizontal applicability of human rights is highlighted to show that it is not yet widely accepted but it is presented as a basis for this option. The recent Nigerian case of Gbemre v SPDC is examined as an example of the possibility of horizontal applicaton of the article 24 right in a domestic tribunal. Chapter 5 summarises the conclusions from the study and makes recommendations in support of applying the African Charter based right horizontally in domestic courts." -- Introduction. / Mini Dissertation (LLM)--University of Pretoria, 2006. / http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html / Centre for Human Rights / Centre for Human Rights / LLM / LLM