Section 234 of the Constitution of the Republic of South Africa, 1996, states that in order to deepen the culture of democracy established by the Constitution, Parliament may adopt Charters of Rights consistent with the provisions of the Constitution. In accordance with its obligations caused by ratifying various international instruments, the government adopted the Service Charter for Victims of Crime in South Africa in 2007. The Service Charter entrenches seven specific rights to a victim of a crime, which also includes the child as a victim. The purpose of this dissertation is to investigate the question whether the rights of child victims to be treated with fairness and with respect for dignity and privacy, to offer information and to receive information are satisfactorily protected within the South African legal framework in light of the requirements of the Constitution and the international legal framework. As point of departure, the background and legal nature of the Service Charter will be investigated briefly. The background of the relevant international and regional instruments are also discussed. This is followed by an analysis and an explanation of the theoretical foundations of the right to be treated with fairness and with respect for dignity and privacy, from an international, regional and a South African perspective. Attention is particularly drawn to the way the courts have interpreted the right to be treated with fairness and with respect for dignity and privacy. What the right entails within the Victim’s Charter is also investigated. This is followed by an analysis and an explanation of the theoretical foundations of the right to offer information and to receive information, from an international, regional and a South African perspective. What the right entails within the Victim’s Charter is also investigated. Finally, a conclusion is reached. / LLM (Comparative Child Law), North-West University, Potchefstroom Campus, 2014

This study focuses on the financial management role of principals of Section 21 schools. The research reports on principals working within such a regime. The South Africa Schools Act makes provisions for schools, through their school governing body, of which the principal is a member, to obtain funds from the community. Therefore the acquisition and spending of such funds has to be managed effectively and efficiently. This mini dissertation endeavours to study the changing role of principals with regard to the effective management of school finances and whether they have the necessary skills to perform these duties. Reference is made to similar situations of principals of schools in the United States, England, Australia and certain developing countries. The qualitative research method was used to elicit the perception of Section21 school principals. The research concludes with an attempt to make some recommendations for this new role of Section 21 principals. / Educational Studies / M.Ed. (Education Management)

<p>It is within the context of the persistent feminisation of the HIV and AIDS pandemic that this study, based on the normative provisions of the African Women's Protocol, focused on gender, sex and sexuality in the context of HIV and AIDS. The regime of the African Women's Protocol embodies a framework that can be utilised to combat HIV/AIDS amongst women in Africa by addressing some of the most important issues that need to be tackled if women are to live through this epidemic.</p>

The thesis results from a research project, combining elements of European law and public international law. The project focuses on the different forms of the use of force by the European Union in the sphere of the Common Security and Defence Policy as an integral part of the EU’s common foreign and security policy. It examines the conditions under which the European Union can engage in military crisis management missions from the perspective of European Union law as well as from the perspective of public international law. The main emphasis of the thesis is put on the former, analysing the EU’s ambitions to become an international security actor from an inside-out perspective. When addressing the vertical dimension of the EU and the use of force in more detail, the thesis analyses the extent to which the Member States are constrained in the conduct of their national foreign and security policy through decisions by the European Union in the sphere of the Common Foreign and Security Policy. With regards to the EU’s legal relationship with the United Nations, the thesis examines whether and if so to what extent the European Union, although not a member of the United Nations, is bound by UN Security Council resolutions in respect of the use of force. Based on the assumption that the EU is bound by UN Security Council resolutions imposing economic sanctions, the thesis uses a comparative method in order to show that the EU as an international organisation is bound by decisions of the UN Security Council in the sense that the EU is obliged to respect the wording and limits of a UN Security Council mandate to use force once it decides to contribute with an EU mission. If the EU decides not to accept a UN Security Council mandate, the thesis argues that the EU is under the obligation not to undermine the success of a UN authorised military intervention, in the spirit of a loyalty obligation. Apart from analyzing the interaction of the EU and the international legal framework, the thesis also uses a speculative approach in order to examine the implications of silence in the context of the use of force.

La relation médicale est en permanente mutation du fait des évolutions techniques ou des changements de mentalité. La charte des droits de la personne hospitalisée a reconnu des droits aux patients qui deviennent alors des partenaires incontournables de la relation médicale prenant un rôle de plus en plus actif. Ces droits ont profondément marqué les esprits des professionnels de santé qui se sentent stigmatisés par une société de consommation et de preuve. La relation de confiance perd de son intérêt au profit de l'information, du recueil du consentement, du respect de la dignité et de la confidentialité. Parler d'obligations et de devoirs n'est pas anodin. Ce concept a un double intérêt vu le contexte et les enjeux de notre société et il pourrait trouver tout naturellement une application dans le domaine sanitaire, notamment lors d'une hospitalisation. La réelle question est de savoir s'il existe, dans ce dernier cas, des obligations et des devoirs à la charge de la personne hospitalisée. Une première approche permettra de rechercher des éléments de réponse alors qu'une seconde approche aura pour but de recenser les obligations avec leurs sanctions éventuelles. Mettre en parallèle les droits et les obligations des personnes hospitalisées devrait permettre de relier enfin le praticien au patient, d'équilibrer la relation et reconnaître ainsi un contre poids aux droits, un complément et non un opposant à la Charte. Faut-il encore que ces obligations soient connues… / Medical relation is in permanent mutation due to technical evolutions or mentality changes. Patients have been awarded rights by the Charter of hospitalized people's rights that make them major partners in the medical relation taking a more and more active role. These rights have profoundly marked the minds of health professionals who feel stigmatized by a consumption and proof society. The trust relation loses its interest for the benefit of information, obtaining consent, dignity's respect and confidentiality. Talking about obligations and duties is not insignificant. This concept has a dual interest in view of the context and the stakes of our society and it could naturally find a scope in the sanitarian field, especially during hospitalization. The real question is to know if, in the latter case, obligations and duties dependent on the hospitalized people exist. A first approach will permit to search for answers, while a second approach will try to list obligations and their possible penalties. To draw a parallel between the rights and obligations of hospitalized people should finally permit to link practitioner and patient, to balance the relation and so to acknowledge a counterbalance to the rights, a complement not an opponent to the Charter. Still, these obligations have to be known...

The purpose of this study was to investigate the factors that impact achievement for African-American males in a charter school in hopes of providing insight as well as recommendations into effective ways to close the academic achievement gap between African-American males and their counterparts, specifically the so-called “achievement gap” through examination of leadership and other correlates of a successful school. Lastly, the habits of an effective leader and his impact on the belief system, values and behaviors in an African-American male charter school and the influence he has on teachers, parents and students was examined. Thirty participants responded to an online survey sent to teachers, parents and students. Two school principals, one past and the other current were interviewed. Data was collected through a single bounded longitudinal study for a period of six years. A holistic analysis of the entire case was conducted. Through this data collection, a detailed description of the case emerged in which detailed such aspects as the history of the case, the chronology of events, or the day-by-day rendering of the activities of the case. After this description, common or emerging themes were identified in an effort to identify lessons learned from the case. Qualitative analysis of the data provided evidence to support the three themes that emerged from the data collection. This research revealed the most important factor in African-American males and achievement is effective leadership, without that nothing else matters, with that everything is possible. Qualitative analysis of the data revealed the leader must see himself as the instructional leader in his school, have a shared belief system that all children can and will learn, and facilitate a culture that empowers students and teachers alike. Results of this research investigation provide implications and recommendations for all schools educating African-American males in single-gender environments, particularly for the administrators who lead these schools.

Mémoire numérisé par la Division de la gestion de documents et des archives de l'Université de Montréal. / Dans les décisions où entre en jeu la Charte canadienne des droits et libertés, les juges construisent leurs raisonnements à partir des droits et libertés énumérés dans son libellé, mais également à partir de valeurs. Parmi ces valeurs afférentes à la Charte se retrouvent notamment la protection des groupes vulnérables, la protection de la vie privée et de la réputation de la personne, le respect de la dignité inhérente de l'être humain, la promotion de la justice et de l'égalité sociale de même que l'encouragement à l'épanouissement personnel. Contrairement aux droits et libertés, lesquels furent directement inscrits par le constituant dans le libellé de la Charte, les valeurs représentent une création de l'appareil judiciaire. Malgré la composante subjective que l'on attribue généralement aux valeurs, nous constatons que la sécurité du droit ne se trouve pas fragilisée par l'incorporation d'une dimension axiologique dans le raisonnement judiciaire en matière de Charte. Au contraire, le recours aux valeurs favorise la constance et la prévisibilité dans l'application et l'interprétation de cet instrument de protection des droits et libertés. D'une part, les valeurs afférentes à la Charte sont utilisées de façon rigoureuse dans le contrôle judiciaire de la constitutionnalité des lois, dans l'adaptation des règles de common law et dans l'interprétation des lois. Les juges invoquent fréquemment les mêmes valeurs, à quelques variantes près, assurant ainsi une certaine stabilité dans le traitement des composantes axiologiques de la Charte. D'autre part, les juges sont largement capables de dissocier de leurs convictions personnelles les valeurs qu'ils invoquent dans leurs décisions. Les valeurs tirées des comportements sociaux actuels, du droit international et du droit comparé, de même que des ouvrages des philosophes politiques et des théoriciens du droit, sont des valeurs qui ont peu à voir avec les sentiments, les opinions ou les intérêts personnels des juges. / In cases involving the Canadian Charter of Rights and Freedoms, judges include in their reasoning not only rights and freedoms, but also values. Among these Charter values we find protection of vulnerable groups, respect for the inherent dignity of human beings, cultivation oUndividual self-fulfillment and human flourishing, commitment to social justice and protection of privacy rights and reputation. Contrary to rights and freedoms, which are specifically enumerated in the Charter, values represent a creation of the judicial apparatus. Notwithstanding their inherent subjective component, values do not weaken the law's predictability nor do they endanger judicial reasoning concerning the Charter. On the contrary, applying values brings constancy and certainty in the interpretation of the Charter. On the one hand, Charter values are used in rigorous ways in the judicial review of constitutionality, in the adaptation of common law mIes and in the interpretation of laws and by-Iaws. Judges have recourse to more or less the same values, thus bringing stability in the Charter's analysis. On the other hand, judges are able to dissociate their personal beliefs from the values they caU upon in their judgments. Values drawn from contemporary social behaviors, international law and comparative law, as weU as political and legal philosophers' works, are values quite distant from judges' feelings, opinions and personal interests.

The purpose of this thesis is to analyse the status of the EU Charter in the system of EU law and its application by Member States. EU fundamental rights in the EU can be perceived as controversial, because they can be regarded as a means of control of Union institutions, but also as a way of expansion of EU competences. In this context I will explore the EU Charter. The thesis is composed of 5 Chapters. In the First Chapter I will explain why human rights protection was not included in the Founding Treaties; furthermore I will elaborate on the case law of the Court which gave rise to EU fundamental rights as general principles of EU law. I will also explain why human rights are a sensitive issue between the EU and Member States. Chapter Two examines the development, content and the legal effects of the EU Charter. It also explores the parallel regime of the EU Charter and EU fundamental rights as general principles after the Treaty of Lisbon. Chapter Three is the core of this thesis. It explains the scope of application of the EU Charter by Member States. Based on the case law of the Court of Justice it will be shown that Member States are bound by EU fundamental rights when they act in the scope of EU law, which comprises of implementation of EU law, but also of derogation from EU law. It will be shown...

The United Nations Security Council is primarily responsible for maintenance of international peace and security according to the Charter of the United Nations. To achieve this goal, it is authorized to adopt resolutions binding on member states under Chapter VII of the Charter. Considering the character of situations to which the Security council responds through its Chapter VII resolutions, this legal instrument often stirs emotions among the general public. But what does the law itself say about the Chapter VII resolutions? What is their legal nature and value in the field of public international law? This thesis provides an analysis of the Chapter VII resolutions, offers a definition of a Chapter VII resolution and analyzes some specific resolutions by which the Security Council acted more as a quasi-judicial or a quasi-legislative body. Through analysis of content limits of the Security Council powers, the thesis endeavors to confirm that binding nature of the Chapter VII resolutions as well as an obligation of member states to give effect to those resolutions do have its boundaries; and despite the special role of the Security Council in the field of public international law, its Chapter VII resolutions cannot have unlimited content. First of all, the resolutions cannot be in conflict with...

This study examines the privatization movement in the post-Katrina New Orleans education system. Less than a month after Katrina, a well-financed charter school movement was moving swiftly through the ravaged city. Nationally, a network of right-wing think tanks and school choice advocates descended on New Orleans shortly after the storm. Locally, state legislators and local leaders pushed from the inside for reform in the way of charter schools. Aided by a state takeover of schools and federal and corporate financing, the "great experiment" had begun. This study strives to cut through the façade of the charter school movement, and to investigate and explain the real motivations of the expected outcomes of the privatizers. Finally, the current injustices caused by the experiment being conducted in New Orleans are reviewed as an extension of the historical racial inequities of the school system.