The purpose of this work is to examine the nature or form of disability rights, and whether the African regional human rights system adequately protects them. In other words, the study tries to understand whether the current appalling status of people living with disabilities can be blamed on normative paucity of the African human rights system. The author will therefore comb the African human rights instruments to determine this, and based on the findings, will assess the propriety or otherwise of adopting a disability specific instrument for the continent and recommend accordingly. / Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2007. / A Dissertation submitted to the Faculty of Law University of Pretoria, in partial fulfilment of the requirements for the degree Masters of Law (LLM in Human Rights and Democratisation in Africa). Prepared under the supervision of Christine Dowuona-Hammond Faculty of Law, University of Ghana, Legon Accra. / http://www.chr.up.ac.za/ / Centre for Human Rights / LLM

The general objective of this study is to lay out the bases for an assessment of the impact of foreign and local investment on indigenous people in East Africa. For this purpose it will explore the current and systematic practice of violations of human rights as against the obligation of states to promote and to protect human rights and to guarantee effective remedies for victims in cases where those rights have been violated under the international human rights law jurisprudence in an African context. Reveals how State sponsored investments in Maasai traditional land, particularly creation of national parks, game reserves and game controlled areas have changed the way of life of the Maasai as a “people” aggravating their marginalization. / Thesis (LLM (Human Rights and Democratisation in Africa))--University of Pretoria, 2007. / Dissertation submitted to the Faculty of Law University of Pretoria, in partial fulfilment of the requirements for the degree Masters of Law (LLM in Human Rights and Democratisation in Africa). Prepared under the supervision of Dr Lorite Alejandro of the Department of Law, American University - Cairo Egypt. / http://www.chr.up.ac.za/ / Centre for Human Rights / LLM

"First, this dissertation proposes to explore the practice of amnesties in dealing with violations of human rights vis-à-vis the obligation of states to punish and to prosecute gross violations of human rights and to guarantee effective remedies for victims. Secondly, it seeks to inquire, for purposes of meeting the first objective, into the validity of amnesties in international law with specific reference to the African Charter. Thirdly, on the strength of a selected case studies: South Africa and Moçambique, and informed by relevant jurisprudence drawn from the Inter-American human rights system and elsewhere, a critique informative of the recommendations as to how the African Court should deal with cases arising out of such amnesty situations will be attempted. Equally, similar reference will be made, albeit in an abridged way, to how amnesties could be dealt with at the political levels of the African Union (AU). Fourthly, the dissertation will inquire into why amnesties, which have been used to advance utilitarian ends of the communal good (national reconciliation) thereby ‘trumping individuals’ rights’, cannot at the same time, be so fashioned as to reconcile these especially relating to effective remedies for violations of human rights the amnesty seeks to address. Fifthly, in drawing on the foregoing, this study will, by way of recommendations, seek to outline criteria or conditionalities upon which amnesty should, if ever, be granted. ... The study consists of five chapters. Chapter one will provide the context in which the study is set. It highlights the basis and structure of the study. Chapter two endeavours to outline some of the basic concepts central to the study; amnesty, pardon as instruments of national reconciliation and the various avenues through which these has been effected in the past. In the main, the chapter attempts a problematisation of the concept of amnesty by which its validity and place in international law will be examined. Chapter three outlines the approaches to amnesty in South Africa and Moçambique and the countervailing state obligations to ensure rights protected in human rights instruments: to prosecute and punish violators and the rights of victims and their relatives to effective remedies. In the case of South Africa, the right to effective remedies is discussed within the context of the decision of the South African constitutional court in AZAPO. Chapter four attempts to grapple with the possibility of bringing a case before the African Court of Human Rights and how this case may, and should be decided in light of existing decisions of the African Commission on Human and Peoples’ Rights and available comparative jurisprudence on the subject. Chapter five will consist of a summary of the presentation and the conclusions drawn from the entire study. It will also make some recommendations as to how amnesty should be dealt with both at political level (AU) and at the level of the African Court in relation to human rights violations. In furtherance of this, it attempts an outline of directive criteria that should be applied." -- Chapter 1. / 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

The mini-dissertation analyses the international law obligations of the government and nonstate actors regarding the protection of internally displaced children living with HIV in the Democratic Republic of the Congo. The war and armed conflicts in the Eastern DRC have exacerbated the vulnerability of children, causing them to be separated from their families, to experience sexual violence and forced conscription into armed groups, to experience the violent deaths of a parent or friend, resulting in insufficient adult care. They further are subject to a lack of safe drinking water and food, insufficient access to health care services, discrimination and stigmatisation, and so on. These factors increase their risk of contracting HIV and, if they are already living with HIV, they adversely affect their welfare. The mini-dissertation illustrates that international, regional and domestic human rights instruments protecting children can be applied in situations of armed conflicts to supplement humanitarian law instruments. It demonstrates that the government of the DRC has not implemented and fulfilled its international obligations to ensure these children adequate access to health services and to humanitarian assistance for displaced persons living with HIV; security and protection within displaced persons camps; and that children are protected from abuse and human rights violations. The dissertation recommends the prosecution of perpetrators of crimes tied to the conflicts which have targeted children, as well as the ratification by the DRC of regional instruments such as the African Union Convention on the Protection and Assistance of Internally Displaced Persons in Africa, and the African Charter on the Rights and the Welfare of the Child, as this may enhance the legal protection of displaced children in the DRC. / Dissertation (LLM)--University of Pretoria, 2013. / gm2014 / Centre for Human Rights / unrestricted

Thesis Czech folk scene and political persecution after 1977, deals with the events in Czechoslovakia folk music scene after the release of Charter 77. Thesis is focused on members of the folk group Šafrán (Saffron). Studied period of time is placed between 1977 and the first half of the 80s in Czechoslovakia. Thesis is divided into two parts. Introduction of the thesis and its first part is dedicated to the political and cultural situation of the 70s of the 20th century. The second part of the thesis describes the origin and development of folk music as an independent musical genre in Czechoslovakia. The main aim of the thesis is a partial depiction of life situation of folk singer-songwriters in the specified time period. Thesis is based on chosen musician's personal memories of political persecution, which was directed against their work as well. The final part of the thesis is dedicated to the development and course of the secret police Action Asanace (Redevelopment). The event had an impact not only on the personal lives of these artists, but also on the further development of folk music in the late 20th century in Czechoslovakia.

La protection des droits fondamentaux par l’Union européenne et la problématique de la qualification juridique de l’Union ne sont pas isolées. Au contraire, elles sont profondément liées. Sous l’effet de la protection des droits fondamentaux, l’Union peut être classée dans la catégorie des fédéralismes. Cette nature fédérative exerce en retour une influence sur la protection des droits fondamentaux. La protection des droits fondamentaux et la nature de l’Union forment ensemble l’identité de l’Union. Cette identité pourrait-elle se concrétiser par une Fédération de droit ? Cette hypothèse de qualification, qui s’inspire du modèle de l’État de droit et repose sur les exigences du cosmopolitisme, vise une Fédération dont l’un des objectifs fondateurs est la protection des droits fondamentaux. Cette hypothèse offre certaines clés de compréhension sur l’articulation du processus de fédéralisation et de la protection des droits fondamentaux. Cependant, à bien des égards, l’articulation entre ce processus et cette protection est conflictuelle. Les obstacles à cette qualification sont nombreux. Les États membres souhaitent en effet préserver leur souveraineté. Les impératifs du fédéralisme économique ou les attentes d’une sécurité fédérative soulèvent également de multiples inquiétudes. Ces obstacles affectent tant le processus de fédéralisation que la protection des droits fondamentaux. En conclusion, ils empêchent de qualifier pleinement l’Union de Fédération de droit. / The protection of fundamental rights by the European Union and the issue of the Union's legal nature are not isolated. On the contrary, they are deeply linked. The Union can be classified in the category of federalism under the effect of the protection of fundamental rights. In return, this federative nature has an influence on the protection of fundamental rights. The protection of fundamental rights and the nature of the Union together form the identity of the Union. This identity could be a federal rule of law (Fédération de droit)? This hypothesis, which is based on the rule of law model and the requirements of cosmopolitanism, aims at a Federation whose founding objectives include the protection of fundamental rights. This hypothesis offers some keys to understanding how the federalization process and the protection of fundamental rights are articulated. However, the relationship between this process and the protection of fundamental rights is often conflictual. There are many obstacles to this qualification. Indeed, Member States wish to preserve their sovereignty. The imperatives of economic federalism or the expectations of federal security also raise multiple concerns. These obstacles impact both the federalization process and the protection of fundamental rights. In conclusion, they prevent this qualification of european federal rule of law.

This diploma thesis studies the life story of czech journalist Jan Štern and analyzes his articles in the magazine "Listy", which was illegal in the former Czechoslovakia until the end of 1989. The main goal is, in addition to the description of Štern's life when he went through the concentration camp, the Prague Uprising and the revolution against the communist regime, to find answers of research questions: "Do the texts encourage the reader to do something specific, if so, to what?", "What is the nature of the texts: descriptive, entertaining, contemplative, reviewing or dictating?" and "What is the focus of the texts, are they of a purely political nature?". The evaluation was based on a combined content analysis of 62 articles from the 70s and 90s of the 20th century and the results show that 74 % of the texts do not contain a direct call or persuasion, 79 % of articles can be described as a contemplation or combination of contemplation and description and every arcticle responds to a political issue. The whole work ends with a conclusion, a list of used sources, theses, a list of appendices, bibliography of used articles from the magazine "Listy" and transcription of interview with Anna Šabatová.

No description available.

This thesis treats the subject of French language policy for regional languages. Even though the position of French as the only official language of French state is undeniable the question of regional languages and its support is still a topical problem of French society. The evolution of French language policy for regional languages is the main subject of this thesis as well as all elements that have been influencing it. One part of this language policy is the European Charter for Regional or Minority Languages, which France signed in 1999 but remains unratified. Despite the flexibility of commitments deriving from the Charter ratification of this document remains to be seen as a menace for the roots of the French republic . Therefore France can't/doesn't want to ratify the European Charter for Regional or Minority Languages. This thesis analyses main obstacles for ratification of the treaty which is especially important for its strong symbolic meaning. These obstacles are defined as juridical, ideological and political.

In 2009 the oldest documents concerning the place Greiz in Eastern Thuringia were published by a historian. This article now provides a linguistic approach to that publication and its interpretation of the mentioned area in Medieval times. The results may be considered as a contribution to a book of reference for place names of Eastern Thuringia. In this respect some questions have been asked, e. g. whether the region along the river Weiße Elster between the places Weida and Plauen had really been an unsettled area until the 12th century. There is hard evidence that the historian’s assumptions are wrong because of the obvious Slavonic names of settlements in this area dating from the 8th until the 10th centuries. Based on a document from 1209 – respectively its copy from 1510 – as well as on a document from 1225 several facts are discussed in detail with consequences for toponymy and history of settlement with the help of historical linguistics. Thus it becomes evident that it is necessary to exchange ideas and to communicate for representatives of history as well as linguistics. At the same time it is obvious that the publication of documents and their analysis by historians will always be very helpful for linguistic exploitation. As a result the prospective edition of a historical dictionary of place names in Thuringia or of Eastern Thuringia respectively has been asserted as dependent on the continuous co-operation between historians and linguists.