Les Québécois sont de plus en plus conscients de l’environnement qui les entoure et de l’importance d’en assurer la qualité et la pérennité. Certains phénomènes, tels les changements climatiques, l’accumulation de polluants organiques persistants et l’amincissement de la couche d’ozone, que nous qualifierons de phénomènes environnementaux diffus, sont engendrés par de multiples émetteurs de polluants et ont des effets globaux qui ne peuvent être liés à un événement précis et dont les impacts sont difficiles à identifier et à quantifier pour le moment. En l’absence de preuve quant aux effets qu’auront ces phénomènes diffus sur les citoyens et les difficultés liées à la preuve scientifique du lien causal entre ce dommage et un émetteur de polluant donné, les recours classiques en responsabilité civile et pour troubles de voisinage, prévus aux articles 1457 et 976 C.c.Q., apparaissent inopérants. Nous nous interrogeons donc sur l’existence d’un droit à l’environnement qui conférerait aux citoyens le droit de vivre dans un environnement sain et leur permettrait ainsi de réclamer que cesse toute atteinte environnementale engendrée par ces phénomènes, même si elle n’a pas d’effet directement sur eux. Considérant l’importance de l’efficacité des recours qui pourraient permettre une mise en œuvre de ce droit, nous procéderons à l’analyse de trois sources potentielles d’un droit à l’environnement sous cet angle. À cet effet, nous étudierons les recours constitutionnels et quasi-constitutionnels liés à la Charte canadienne des droits et libertés, à la Charte des droits et libertés de la personne et au recours institutionnel prévu dans la Loi sur la qualité de l’environnement. Considérant l’absence de reconnaissance suffisante d’un droit à l’environnement et de recours efficaces pour en assurer la mise en œuvre, nous proposerons ensuite des pistes de solution afin que puisse être développé un mécanisme permettant une réponse judiciaire aux phénomènes environnementaux diffus. / The quality of the environment has become a growing concern in the recent years for Quebec citizens. Phenomena such as climate change, persistent organic pollutants and the depletion of the ozone layer are caused by several sources, the effects of which cannot be distinguished one from the other and/or linked to a specific event. Furthermore, these phenomena have yet to create damage to Quebec residents in order to create the necessary standing for the introduction of legal proceedings. Also, the scientific uncertainty related to the source of potential damage and to the proof of said damage makes it impossible to legally attack the emitters of the pollutant contributing to this type of environmental phenomena under 1457 C.C.Q. or 976 C.C.Q. We have identified the 3 potential sources of a right to a clean environment which could entitle Quebec citizens to go before the courts in environmental matters, even in the absence of specific damages to their person or property. We have analysed the Canadian Charter of Rights and Freedoms, the Charter of Human Rights and Freedoms and the Environmental Quality Act and looked at the potential right to a clean environment possibly contained therein and the legal actions that could be taken to ensure their respect. Considering the weakness of what our legal system had to propose, we have developed solutions that could be put forward in order to allow the war against climate change and other environmental phenomena of the same nature to become legally actionable.

Within the Surinamese jurisdiction the Constitution grants women the right to health and imposes a legal duty on the state to facilitate the realization of this right. Also treaty law, in particular, the ICESCR article 12 and the CEDAW article 12 grant women the right to the highest attainable standard of health and the right to non-discriminatory access to healthcare. But due to the criminal law applicable to abortion women lack non-discriminatory access to reproductive healthcare and therefore do not enjoy the highest attainable standard of pregnancy related health. Despite its decision not to enforce the abortion prohibiting criminal laws, Suriname remains in a state of failure to comply with its legal duties as imposed by the Constitution and treaty law. This, due to the state’s reluctance to repeal the criminal laws on abortion and its failure to enact effective health regulations to facilitate women in need of an abortion.

Within the Surinamese jurisdiction the Constitution grants women the right to health and imposes a legal duty on the state to facilitate the realization of this right. Also treaty law, in particular, the ICESCR article 12 and the CEDAW article 12 grant women the right to the highest attainable standard of health and the right to non-discriminatory access to healthcare. But due to the criminal law applicable to abortion women lack non-discriminatory access to reproductive healthcare and therefore do not enjoy the highest attainable standard of pregnancy related health. Despite its decision not to enforce the abortion prohibiting criminal laws, Suriname remains in a state of failure to comply with its legal duties as imposed by the Constitution and treaty law. This, due to the state’s reluctance to repeal the criminal laws on abortion and its failure to enact effective health regulations to facilitate women in need of an abortion.

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.

This research study determined the relationship between personality, as measured by the Myers and Briggs Type Indicator (MBTI) and sense of coherence and learned resourcefulness. The study was conducted among one hundred technical workers within the context of organizational transformation and the ability to cope with resulting stress. Data was collected by means of the Myers and Briggs Type Indicator (MBTI), the Orientation to Life Questionnaire (OLQ) and the Self-control Schedule (SCS). The research found that sense of coherence can be predicted at a 5% significance level, while learned resourcefulness cannot be predicted. Extraverts, sensers, thinkers and judgers seem to cope better with stress-provoking demands. The respective personality types probably make use of different coping mechanisms under the same circumstances. Personality type seems to predict sense of coherence, but factors other than personality type could have an Influence. / Industrial and Organisational Psychology / M.Comm. (industrial Psychology)

Working mothers face various challenges today, one of which is to be a mother, wife,caretaker and employee all at the same time. Fulfilling these challenging and sometimes demanding roles can contribute to role overload and conflict, which can have a negative impact on organisational effectiveness, as well as the overall wellbeing of the working mother. This dissertation outlines the relationship between personality dimensions, sense of coherence and the coping styles of working mothers from a salutogenic perspective. The Occupational Personality Questionnaire (OPQ), Orientations to Life Questionnaire (OLQ) and the Coping Orientations to the Problems Experienced (COPE) Questionnaire were used to measure the relationship between personality dimensions, sense of coherence and the coping styles of working mothers. The study was conducted with 102 working mothers representing different ethnic groups and occupational levels in different occupational fields and organisations. A theoretical relationship was established. The empirical investigation provided evidence of such a relationship and it seems that coping styles can be predicted from considering personality dimensions and sense of coherence. / Industrial and Organisational Psychology / M.A. (Industrial Psychology)

Text in Afrikaans / Hierdie ondersoek handel oor die psigometriese verwantskappe tussen verskeie konseptualiserings van psigologiese optimaliteit. Die konsepte selfaktualisering (vanuit 'n humanistiese raamwerk), gevoel van koherensie en aangeleerde vernuftigheid (vanuit 'n behavioristiese en salutogenesis paradigma) is vir die doeleindes van hierdie ondersoek gekies. Die gekose meetinstrumente, naamlik die Persoonlike Orientasievraelys vir selfaktualisering, die Lewensorientasievraelys vir gevoel van koherensie en die Selfkontroleskedule vir aangeleerde vernuftigheid, is op 'n steekproef van 200 middelvlakbestuurders in 'n semi-staatsdiensorganisasie afgeneem. Pearsonkorrelasiekoeffisiente is bereken en 'n faktorontleding is gedoen. Daar is verskeie beduidende korrelasies verkry tussen die subskale van die Persoonlike Orientasievraelys en die Lewensorientasievraelys, maar slegs enkele beduidende korrelasies tussen die Persoonlike Orientasievraelys en die Selfkontroleskedule. Die Lewensorientasievraelys en die Selfkontroleskedule het egter beduidend gekorreleer. Die faktorontleding het getoon dat selfaktualisering aan die een kant, en gevoel van koherensie en aangeleerde vernuftigheid aan die ander kant as twee verskillende konstrukte van psigologiese optimaliteit beskou kan word. / The relationships between various conceptualisations of psychological optimisation are investigated. The concepts of self-actualisation (from a humanistic paradigm), sense of coherence and learned resourcefulness (from a salutogenesis paradigm) are relevant. The measuring instruments were the Personal Orientation Inventory (POl), the Orientation to Life Questionnaire (OLQ) and the Self Control Schedule (SCS). They were administered by means of random sampling of 200 middle level managers in a semi-government organisation. Pearson correlation coefficients were calculated and a factor analysis was done. Several significant correlations were obtained between the subscales of the POl and the OLQ, but limited correlations were found between the POl and the SCS. However, significant correlations between the OLQ and the SCS were apparent. The factor analysis demonstrated that self-actualisation on the one hand and sense of coherence as well as learned resourcefulness on the other hand may be regarded as two seperate constructs of psychological optimisation. / Industrial and Organisational Psychology / Thesis (M.Com.)--Universiteit van Suid Afrika, 1994.

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)

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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