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The Global ETD Search service is a free service for researchers
to find electronic theses and dissertations. This service is
provided by the
Networked Digital Library of Theses and Dissertations.
Our metadata is collected from universities around the world. If you manage a university/consortium/country archive and want to be added, details can be found on the NDLTD website.
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Showing 71 to 79 of 79 (0.077 seconds)Spelling suggestions: "subject:"4he light to life"" "subject:"4he light to wife""
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Fair access to environmental justice in poor nations: case studies in BangladeshAhmed, Farid January 2009 (has links)
The thesis is about environmental values that we encounter in our everyday life. The thesis also talks about environmental justice dialogues and tensions that play in Bangladesh. The thesis, in the first place, explores how an environmental planning and resource management approach causes a particular type of environmental injustice; i.e., non-recognition of access to the decision making process of local ethnic communities, which identifies them as adivasi meaning indigenous, poses a threat to their livelihood and culture, and obstructs the process of environmental protection in Bangladesh. / The existing theories of environmental justice and four case studies conducted in Bangladesh have been used to interrogate the research findings. I argue, along with Low and Gleeson (1998) that for environmental justice, recognition of environmental needs for every entity as an ingredient of human dignity should be basis of the planning process. The research findings also suggest that , at all levels of decisions, fair access to decision, information and justice for all entities should be an integral part of environmental planning and resource management. / The thesis explores avenues for fair access to justice, meaning redress and remedy of environmental injustice, in the context of Bangladesh. I argue that capillaries of justice such as Salish, a process and institution for public interest negotiation (PIN) embedded in Bangladesh culture, can be reinvented. In addition, access to information should be a prerequisite for meaningful deliberation at all levels of decision making and dispute resolving processes.
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The impact and influence of the constitutional court in the formative years of democracy in South AfricaMaduna, Penuell Mpapa 06 1900 (has links)
The objective of this thesis is to assess the impact and influence of South Africa's
Constitutional Court in the first two years of our democracy. To achieve this objective,
some of the definitive and controversial cases already decided by the Court have been
selected and analysed in an attempt to glean some jurisprudential perspectives of the
Court.
It focuses on the work of the Court over the past two years. It deals with the evolution
of South Africa into a democracy, and analyzes the South African legal system prior to
the beginning of the process of transformation. It briefly surveys the evolution of our
constitutional system, dating back from the pre-1910 colonial period and provides a
broad outline of the legal system in the post-April 1994 period of transformation.
It analyzes the Court from the point of view of, inter alia, its composition, jurisdiction and
powers. The Court is also contrasted with courts in other jurisdictions which exercise
full judicial review.
The Court's emerging jurisprudence is examined. A review is made, inter alia, of the
Court's understanding of, and approach to, the questions of the values underpinning
the post-apartheid society and its constitutional system, and constitutional
interpretation.
The right against self-incrimination and South African company law and the two relevant
Constitutional Court cases are discussed.
The collection of evidence by the State and the constitutionality of provisions relating
to search and seizure and the taking of fingerprints are looked into.
The Court's approach to statutory presumptions and criminal prosecutions; some aspects of our appeals procedures; an accused's right to be assisted by a lawyer at
state expense; the question of a fair trial and access to information; capital punishment;
corporal punishment; committal to prison for debt; and the certification of constitutions
is analyzed.
Two of the cases in which the provinces clashed with the national government on the
distribution of posers between provinces and the national government are discussed.
The conclusion is that the Court has, overall, hitherto acquitted itself well in the handling
of particularly the controversial quasi-political questions that arose in the cases it has decided. / Constitutional, International and Indigenous Law / L.L. D. (Law)
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Towards the abolition of the death penalty in Africa: A Human Rights perspectiveChenwi, Lilian Manka 06 October 2005 (has links)
The death penalty has been an issue of debate for decades and it is of great relevance at present. Different reasons have emerged that make recourse to the death penalty appear necessary, such as, that it serves as a deterrent, it meets the need for retribution and that public opinion demands its imposition. Conversely, more convincing arguments have been raised for its abolition, amongst which is the argument that it is a violation of human rights. Africa is seen as one of the “death penalty regions” in the world, as most African states still retain the death penalty despite the growing international human rights standards and trends towards its abolition. Further, the African Charter on Human and Peoples’ Rights makes no mention of the death penalty. The death penalty in Africa is therefore an issue that one has to be particularly concerned about. During the 36th Ordinary Session (2004) of the African Commission on Human and Peoples’ Rights, for the first time, the death penalty was one of the issues discussed by the Commission. Commissioner Chirwa initiated debate about the abolition of the death penalty in Africa, urging the Commission to take a clear position on the subject. In view of this and the international human rights developments and trends on the death penalty, discourses on the abolition of the death penalty in Africa are much needed. Accordingly, this study examines the death penalty in Africa from a human rights perspective. It seeks to determine why African states retain the death penalty, the ways in which the current operation of the death penalty in African states conflicts with human rights, what causes obstructions to its abolition in Africa, and whether it is appropriate for African states to join the international trend for the abolition of the death penalty. The current status and operation of the death penalty in Africa is first examined. The historical background to the death penalty in Africa from a traditional and western perspective is also discussed. Subsequently, the main arguments advanced by Africans (including African leaders, writers, priests and government officials) for the retention of the death penalty in Africa are evaluated. The study goes further to examine the death penalty in African states in the light of the right to life, the prohibition of cruel inhuman and degrading treatment and fair trial rights at both the international and national levels. After examining the death penalty in African states, the study arrives at the conclusion that it is appropriate for African states to join the international trend for the abolition of the death penalty, considering that the death penalty in Africa conflicts with human rights, the justifications for its retention are fundamentally flawed, and that alternatives to the death penalty in Africa exist. A number of recommendations are then made, which are geared towards the abolition of the death penalty in Africa. / Thesis (LLD)--University of Pretoria, 2006. / Centre for Human Rights / unrestricted
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Adoptee Access to Original Birth Certificates and the Politics of Birthmotherhood in Ohio, 1963-2014Livingston, Katherine G. 09 August 2016 (has links)
No description available.
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Neviditelní nositelé lidských práv / Invisible subjects of human rightsSvárovská, Gabriela January 2017 (has links)
The idea of universal applicability of human rights has been a symbol of hope that peace and justice in the world is possible, since the late 1940s. Although it is a fiction, and anthropology can proof this bringing countless evidence, strong general awareness of this idea still inspires many in their strive for freedom and dignity as well as opposition to violence. The aim of this thesis is to bring two controversial examples, illustrating how and why value-driven struggle for promotion of human rights fails. The aim is nevertheless not to compromise this noble idea but to contribute to its more thorough understanding as well as more effective implementation. A chapter on so called female genital circumcision (also known as female genital mutilation) offers critical analyses of the international campaign for eradication of this practice, led by international feminist movement since the late 1970s. The attention is drawn mainly to manipulation of facts and unfair argumentation, thanks to which the so called female genital circumcision was labelled cruel practice of backward societies serving degradation and control of women, making more structured understanding of reality impossible. A chapter dedicated to abortion tries to see political and cultural influences hidden under the surface of debate on...
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Neviditelní nositelé lidských práv / Invisible subjects of human rightsSvárovská, Gabriela January 2017 (has links)
The idea of universal applicability of human rights has been a symbol of hope that peace and justice in the world is possible, since the late 1940s. Although it is a fiction, and anthropology can proof this bringing countless evidence, strong general awareness of this idea still inspires many in their strive for freedom and dignity as well as opposition to violence. The aim of this thesis is to bring two controversial examples, illustrating how and why value-driven struggle for promotion of human rights fails. The aim is nevertheless not to compromise this noble idea but to contribute to its more thorough understanding as well as more effective implementation. A chapter on so called female genital circumcision (also known as female genital mutilation) offers critical analyses of the international campaign for eradication of this practice, led by international feminist movement since the late 1970s. The attention is drawn mainly to manipulation of facts and unfair argumentation, thanks to which the so called female genital circumcision was labelled cruel practice of backward societies serving degradation and control of women, making more structured understanding of reality impossible. A chapter dedicated to abortion tries to see political and cultural influences hidden under the surface of debate on...
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Social assistance : legal reforms to improve coverage and quality of life for the poor people in South AfricaTshoose, Clarence Itumeleng 19 January 2017 (has links)
The South African Constitution in section 27(1)(c) obligates the state to develop a comprehensive social security system. It affirms the universal right to access to social security, including appropriate social assistance for those unable to support themselves and their dependants. It orders the state to take reasonable legislative and other measures, within its available resources, to achieve the progressive realisation of these
rights.
The underlying normative commitment of social security is the improvement of the quality of life of the population by promoting economic or material equality. Social security ensures that all citizens have a stake in society and that each individual has an incentive to contribute to the development of the commonwealth. It plays a crucial role in the lives of communities and families viewed in the context of social transfers which
provide broader development objectives and tackles income poverty transfers.
The objectives of this study are threefold. Firstly, it examines the extension of social assistance coverage to the indigents in South Africa. Secondly, it looks at the legal mechanisms employed by courts and government in order to improve the social security rights of the poor in South Africa. Thirdly, the research investigates the possible reform
and trends in India and Brazil with the aim of improving South Africa’s system of social security.
For the avoidance of doubt, the law evaluated in this work is at 15 September 2015. / Jurisprudence / LL. D.
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Killing in defence of property : a legal comparative studyAwa, Linus Tambu 19 August 2016 (has links)
This research examines the legal issues surrounding killing in defence of property in three selected jurisdictions: South Africa, Cameroon and the United States. The comparative analysis illustrates that although the right to protect one’s property is universal, this defence is interpreted differently in the various jurisdictions. Another issue considered in the study is the constitutional right to life in each jurisdiction and whether or not an unlawful attack against one’s property creates a legal entitlement for the attacked party to take the life of another in defence of his or her property.
Private defence of property is available when a person uses force to defend an interest in property, for example; to prevent a would-be thief from taking his own, or another’s property, to prevent someone from damaging his own or another’s property, to prevent an intruder from entering his own or another’s property. When an accused pleads private defence, his claim is that his harm-causing conduct was, in the circumstances, lawful. The reasonable use of force (short of deadly force) in the private defence of property is not disputed. However, the use of deadly force in protection of property is controversial, especially in a constitutional state such as South Africa where life should be prized above property. One should however also consider that there is a close link between the private defence of defending life and of protecting property. In many cases, an assault on property also involves a threat on life. However, there are cases of private defence of property where no threat to bodily integrity exists. These situations will be examined in all three jurisdictions and measured against the various constitutional imperatives. Conclusions and recommendations are made as regards the legal framework on the defence of property in the criminal law of the various jurisdictions. / Criminal and Procedural Law / LL. M.
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EKMR och klimatprocesser mot stater : Vad har stater för bedömningsmarginal i att tillförsäkra minskade klimatutsläppEriksson, Malin January 2023 (has links)
No description available.
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