This study analyzes article 12 of the International Covenant on economic, social and cultural rights. The “right of everyone to the enjoyment of the highest attainable standard of physical and mental health”.This article is analyzed in the context of herd immunity and mandatory vaccination. The analysis has been conducted through critical discourse analysis and analyzed through the terms of fairness, morality and obligations in former research at issue.The aim of this paper is to shed light on the flaws of article 12 which fails in its purpose to protect every human being, especially the most vulnerable. This may happen when individuals are allowed to act according to their own personal interests in ways that can negatively affect the public health especially for those who cannot be vaccinated.It is established by law that no one can be forced to get vaccinated. This paper analyzes if there are other incentives to motivate people to get vaccinated to protect others.Through a fairness perspective, it is argued that the individual should get vaccinated to protect others. This can help to protect those individuals who cannot get vaccinated. Those who have the capacity have a duty to do more. The effort of getting vaccinated is minimal and the resulting herd immunity means that even those who are not vaccinated are protected from infection. There are several studies that proves that individuals are more inclined to contribute to the common good if it is done with fairness and equality.Morality as a concept lacks a common or universal definition. Therefore, morality cannot be used as a reason or a motive.The “right of everyone to the enjoyment of the highest attainable standard of physical and mental health” is protected by article 12. This paper argues that those who cannot get immunized through vaccination are not included in this protection. The same article also protects the individual’s right to make their own decision regarding their immunity. The decision of abstaining vaccination when otherwise able to get immunized can mean life or death for those that do not have the option to get vaccinated. The consequence of individual decision-making becomes unclear. The state, as the party responsible to uphold the covenant, cannot protect the most vulnerable since the right to bodily integrity weighs heavier than the common good. When more people choose not to get vaccinated the most vulnerable are less protected from disease and infection. The unprotected cannot claim accountability from the state. The outdated covenant protects only some of the people, not all of them as it is supposed to do. Especially the most vulnerable.

This essay focus on the normative debate between cosmopolitanism and statism in the context of global distributive justice. The notion of basic structure and negative rights examines separately in two questions to understand distributive justice as a global subject rather than only national. Statists as Rawls holds the position that global distributive justice prerequisite a basic structure with coercive instrument. Pogge as cosmopolitan arguments for the existence of global basic structure, by addressing inequalities in real-world politics, in the form of negative rights violation. The aim of this study is to justify global distributive justice on cosmopolitan duties, based on normative political theory, reflective equilibrium, and conceptual analysis. The main issue is formulated into two questions in the following: • Does reciprocity constitute a global basic structure that presupposes resource distribution? • Can self-respect as foundation of rights justify global distributive justice? I do this first by analyzing the concept of basic structure, based on the notion reciprocity. This is to identify the basic structure of the global system that prerequisite global distributive justice. Second, I analyze Pogge’s formulation of negative rights as cosmopolitan rights, to modify them to a positive concept of rights. This is in purpose to avoid the libertarian counterargument presented by Narveson, that negative rights fail as a ground of cosmopolitan duties. I show first that coercion is not a necessary condition, but only sufficient for the basic structure. Thus, the global basic structure exists and prerequisite distributive justice, based on reciprocity. Unlike the national basic structure of coercive instrument, the global basic structure grounds on several global threats and challenges that tie all nations as alternative concept of coercion. Second, I show that cosmopolitan duties can be grounded on positive rights. I do this through the notion of self-respect and deontological ethics, which success to avoid the libertarian critique of cosmopolitan duties.

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Submitted by SBI Biblioteca Digital (sbi.bibliotecadigital@puc-campinas.edu.br) on 2017-03-24T17:26:42Z No. of bitstreams: 1 HENRIQUE REZENDE DE CASTRO.pdf: 3998674 bytes, checksum: 512f0552445e945597fd7f2a5cfde508 (MD5) / Made available in DSpace on 2017-03-24T17:26:42Z (GMT). No. of bitstreams: 1 HENRIQUE REZENDE DE CASTRO.pdf: 3998674 bytes, checksum: 512f0552445e945597fd7f2a5cfde508 (MD5) Previous issue date: 2017-02-08 / Coordena??o de Aperfei?oamento de Pessoal de N?vel Superior - CAPES / Metropolitan territories constitute, in the world urban system, fundamental support for the capitalist mode of production and accumulation. Metropolitan management, whose main agent is the State, appears as an important tool to exercise control over the land use planning of such territories, since the state political institutions - government and public administration - would operate under permanent pressure of the interests of capital. Based on this premise, it is assumed that a highly coercive management model would prevail in the sense of centralizing decision by the state apparatus and imposing an agenda of public policies that would favor the production and appropriation of the territory by economic agents. In order to make possible a classification of the existing types of metropolitan management, an analysis instrument was created based on a referential frame with the different types according to the characteristics of the political process of the management. Two case studies were then selected for application of the proposed methodology: the management of the Metropolitan Area of Lisbon, in Portugal, and the metropolitan regions of the state of S?o Paulo, both chosen for the particularities they present in different contexts and for the possibility of comparing the types found. Based on these cases, the aim was to demonstrate the tendency to prevail the coercive model in the contemporary metropolitan management, to the detriment of a territorial cohesion model, which would operate towards a more democratic management, with an agenda based on the reduction of socioeconomic inequalities, which are expressed more severely in the metropolitan territories. / Os territ?rios metropolitanos constituem, no sistema urbano mundial, suporte fundamental para o modo de produ??o e de acumula??o capitalista. A gest?o metropolitana, cujo principal agente ? o Estado, surge como importante ferramenta para exercer o controle sobre o ordenamento de tais territ?rios, uma vez que as institui??es pol?ticas estatais ? governo e administra??o p?blica ? operariam sob permanente press?o dos interesses do capital. Com base nessa premissa, sup?e-se que prevaleceria atualmente um modelo de gest?o marcadamente coercitivo, no sentido da centraliza??o decis?ria pelo aparelho estatal e na imposi??o de uma agenda de pol?ticas p?blicas que favoreceriam prioritariamente a produ??o e a apropria??o do territ?rio pelos agentes econ?micos. De modo a viabilizar uma classifica??o dos tipos existentes de gest?o metropolitana, criou-se um instrumento de an?lise baseado em um quadro referencial com os diferentes tipos segundo as caracter?sticas do processo pol?tico da gest?o. Foram ent?o selecionados dois estudos de caso para aplica??o da metodologia proposta: a gest?o da ?rea Metropolitana de Lisboa, em Portugal, e das regi?es metropolitanas do estado de S?o Paulo, ambos escolhidos pelas particularidades que apresentam em contextos diferentes e pela possibilidade de compara??o dos tipos de gest?o encontrados. Com base nesses casos, procurou-se ent?o demonstrar a tend?ncia de prevalecer o modelo coercitivo na gest?o metropolitana contempor?nea, em detrimento de um modelo de coes?o territorial, que operaria no sentido de uma gest?o mais democr?tica, com uma agenda pautada pela diminui??o das desigualdades socioecon?micas, que se expressam com maior gravidade nos territ?rios metropolitanos.

Isaiah Berlin maintains that there are two distinct forms of freedom or liberty: negative and positive. Berlin’s principal claim is that negative liberty does not require that the self be somehow separate from the empirical world (causally aloof, or an originator of causal chains). My principal claim is that to be an agent is to be committed to a separation of self in this sense, thus that the self for its very being requires to possess a species of positive liberty. This conception proceeds in part from Immanuel Kant’s claim that there is a separation between spontaneity and receptivity. Commitment to this assertion allows there to be an understood distinction between the self as a spontaneous self-active agent that makes choices, and the self as a mere reactionary brute that does what it does by biological imperatives. In this thesis, I defend the view that negative liberty is subsumed under positive liberty: you cannot have the former without the latter. I am therefore taking a rationalist stance towards Berlin’s thinking. My methodology is to bring into consideration two perspectives upon the underlying normative principles within the space of reason. The first is of Kant’s understanding of the principle of responsibility and the activity of spontaneity; the second is John McDowell’s understanding of that principle and activity. The key claim of this thesis is that Berlin misunderstands what it is to be a chooser. To be a chooser is to be raised under the idea that one is an efficient cause; human children are brought up being held responsible for their reasons for acting. This principle allows mere animal being to be raised into the space of reason, where we live out a second nature in terms of reason. Using their conclusions I further investigate Berlin’s understanding of conceptual frameworks, taking particular interest in historic ‘universal’ conceptions that shape human lives. He too finds that that we are choosers is necessary for what it is to be human. I take his conclusion, and suggest that if he had had a clear understanding of the space of reason, the historic claim that we have choice would find a more solid footing in the principle of that space, in that we are responsible for our actions. I conclude that the upshot of understanding the ‘I’ as an originating efficient cause is that we treat ourselves as free from a universal determinism that Berlin himself disparages; and that the cost to Berlin is that all choice is necessarily the activity of a higher choosing self. It is part of a Liberal society’s valuing, by their societal commitment to, the ideology of raising our children to understand themselves as choosers, that we have choice at all. This is irrespective of whether that which fetters choice is internal or external to the agent, or of whether having self-conscious itself requires such a cultural emergence of second nature.

本研究旨在探討中國大陸如何運用經濟工具與菲律賓、越南應處南海爭端。參照Keohane及Nye非對稱互賴理論（asymmetrical interdependence）提出之敏感性（sensitivity）、脆弱性（vulnerability）概念，本研究分析中國大陸自1997年採取「魅力攻勢（Charm Offensive）」策略，為其創造可供運用經濟誘因（economic attraction）及經濟脅迫（economic coercion）之戰略空間，期能使菲、越等經濟實力相對弱勢國家，在領土爭端方面知所退讓。然而，從經濟誘因之敏感性以觀，研究發現菲、越兩國例證，均無以支持經濟誘因能說服相對弱勢國家減緩聲索之論述。針此，研究者提出「信任（trust）」或可作為補強Keohane及Nye分析框架要項之一；意即中國大陸與其經濟夥伴之間若政治信任不足，則中國大陸欲藉提供經濟誘因，促其經濟夥伴在領土爭端有所退讓，勢必存在相當難度。另從經濟脅迫之脆弱性以觀，研究發現菲、越兩國例證顯示，有別於運用實質性手段（substantive measures）施壓造成之短期損失，採取象徵性手段（symbolic measures）所映射之高度風險與不確定性，對於威懾經濟實力相對弱勢國家，可能更具效力。 / This study explores how China has employed economic instruments in handling South China Sea disputes with the Philippines and Vietnam. Borrowing Keohane and Nye’s notations of sensitivity and vulnerability in asymmetrical interdependence, this study analyzes how China’s charm offensive strategy developed since 1997 has created tactical spaces for China to utilize economic attractions and economic coercions in making her weaker economic partners to concede in territorial disputes. In terms of sensitivity to economic attractions, nevertheless, findings in both cases fail to support the argument that economic incentives would persuade the weaker parties to refrain their claims. I argue that one of the missing elements in Keohane and Nye’s analytical framework is “trust”. Without sufficient political “trust” between China and her economic partners, economic attractions to induce concessions could hardly work. In terms of vulnerability to economic coercions, findings in both cases suggest that compared to the substantive measures stressing the short-term loss, the symbolic measures projecting to high degree of risks and uncertainties might be more effective to deter the weaker parties.

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Literature reveals that reproductive coercion is a major contributor to unwanted pregnancy and a factor that influences the choice to terminate pregnancy in many adolescents. Adolescents represent a population vulnerable to a number of physical and psychological problems. Purpose The overall aim of this thesis was to develop a model of self-forgiveness for women who terminated pregnancy in adolescence. Objectives The study objectives are aligned according to the phases of the study as follows: Phase 1: Desk review Explore what is already known about the topic and identify gaps. Phase 2: Lived experiences of participants about TOP Explore the lived experiences of participants who terminated pregnancy in adolescence. Phase 3: Development of a model Develop a model of self-forgiveness for women who terminated pregnancy in adolescence. The social-ecological model (Bronfenbrenner 1992), through which individuals are understood to influence and be influenced by people, organisations, institutions, societal norms, rules and beliefs with whom they interact, was followed. The model offered a holistic framework for exploring interrelationships related to TOP Methodology A qualitative approach based on Heidegger (1962) interpretive phenomenological approach was used. The study was conducted at a Health Care Centre in Tshwane Municipality, Gauteng Province, South Africa. The population consisted of women, 20-35 years old, who terminated pregnancy in adolescence. A purposive and snowball sampling techniques were used to recruit 30 participants who had terminated pregnancy in adolescence. An interview guide was used to solicit information from participants. Audiotaped interviews were held at the time, date and place agreed by participants. Colaizzi’s (1978) approach of data analysis was used. Results Five major themes emerged, with 17 sub-themes as transgressing one of nature’s strongest instincts: the mother’s protection of her young; unplanned pregnancy; intra-and interpersonal relationships; experience of caring by health care professionals and a need for counselling. A model of self-forgiveness for women who did TOP in adolescence, based on the components of self-condemnation and self-blame, cultural and spiritual, as well as reproductive coercion, was developed. Conclusion Participants carried the burden of shame and guilt of having terminated pregnancy in adolescence. The influence of culture and religion were the major contributing factors to women failing to forgive themselves after termination of pregnancy. A model of self-forgiveness is needed to allow those who terminated pregnancy in adolescence to move on with their life. / Health Studies / D. Litt. et Phil. (Health Studies)

This thesis examines the implementation, enforcement and evolution of IP laws and regulations in the Hashemite Kingdom of Jordan. The period of interest includes the last decade of the twentieth century and the first decade of the twenty first century, with emphasis on the role played by Free Trade Agreements struck between Jordan and the United States, the European Union, and Jordan’s accession to the World Trade Organization. This thesis also examines the enforcement of the current set of IP laws in Jordan, and looks at their social and economic compatibility with the Jordanian societal norms and economic realities. This thesis argues that Jordanian IP laws lack a meaningful social and economic texture, and have failed to be evenly enforced in Jordan, essentially because they do not fit the Jordanian culture and are not compatible with Jordan’s economic stage of development. Additionally, the thesis argues that IP laws have had insignificant economic impact on the Jordanian economy as the majority of technologies used in Jordan, and the majority of foreign direct investments attracted to Jordan, are not IP related. Finally, the thesis argues that the current Jordanian enforcement model, which is built on coercion by donor countries, is serving the interests of foreign companies to the exclusion of the local citizens, and will not, in the long run, produce an enforcement model based on self-regulation by Jordanians, themselves. The laws, therefore, are unable to produce tangible results for the Jordanian people, or help meet their economic interests. The last part of the thesis deals with recommendations and suggestions aimed at creating an integrated approach to the adoption of IP policies.

Le mouvement féministe des années 1970 et 1980 a engendré des changements sociaux profonds en Amérique du Nord, notamment en ce qui a trait aux agressions sexuelles. Ces changements sociaux se sont traduits, à partir de 1983, par des modifications législatives importantes au Canada. Les études ayant suivi ces changements ont examiné la coercition sexuelle dans la population non délinquante. Une des conclusions notables de ces études est l’existence d’un chiffre noir important en ce qui concerne les agressions sexuelles. En effet, les études réalisées dans les années 1980 ne tenaient pas compte des femmes en tant qu’agresseurs, car le phénomène était perçu comme étant typiquement masculin. Ce n’est qu’à partir des années 1990 qu’un intérêt se forme concernant la coercition sexuelle commise par les femmes. Il est alors révélé que certaines attitudes et croyances soutiennent l’agression sexuelle tant chez les femmes que chez les hommes. Des similitudes sont également établies entre la coercition sexuelle des femmes et des hommes. Peu d’études existent sur la prévalence de la coercition sexuelle en considérant autant les femmes que les hommes comme agresseurs potentiels. Il est important d’examiner les attitudes et croyances par rapport à la coercition sexuelle dans la population non délinquante au Québec indépendamment du genre. Pour ce faire, nous avons construit un sondage en ligne via l’outil Survey Monkey. Ce sondage comprend quatre mesures afin d’examiner les attitudes en lien avec les croyances erronées entourant le viol, l’hostilité envers les femmes, l’acceptation de la violence interpersonnelle, ainsi que les croyances antagonistes et le conservatisme sexuel. Un cinquième instrument a été utilisé afin de mesurer les expériences sexuelles de victimisation et de coercition. L’échantillon comprend 354 étudiants(es) de l’Université de Montréal provenant de diverses associations étudiantes. Les principaux résultats montrent que les femmes rapportent moins de croyances antagonistes que les hommes. Toutefois, il n’y a aucune différence entre les femmes et les hommes en ce qui concerne les croyances erronées entourant le viol, l’hostilité envers les femmes, l’acceptation de la violence interpersonnelle, les croyances antagonistes et le conservatisme sexuel. En ce qui concerne les comportements sexuels, les femmes rapportent davantage de victimisation sexuelle que les hommes. Peu de coercition sexuelle est rapportée tant par les femmes que les hommes. Par contre, les hommes affirment avoir commis plus de coercition sexuelle que les femmes. Les résultats montrent aussi que l’hostilité envers les femmes prédit la victimisation sexuelle chez les femmes. Par ailleurs, les croyances erronées entourant le viol prédisent les comportements sexuels coercitifs chez les femmes alors que le conservatisme sexuel prédit la coercition sexuelle chez les hommes. En outre, les résultats montrent que la victimisation sexuelle prédit les comportements sexuels coercitifs tant chez les femmes que chez les hommes. / Feminist movements in the 1970s and 1980s brought about profound social changes in North America, such as the occurrence of sexual assaults. These social changes were translated into legislative modifications in Canada, as of 1983. The studies following these changes examined sexual coercion in non-delinquent populations. One of the notable conclusions of these studies is the existence of a significant dark figure with respect to sexual assaults. Indeed, studies done in the 1980s did not take into account female aggressors, as the phenomenon was perceived to be typically one attributed to males. Academic interest in sexual coercion committed by females is rooted in studies published in the 1990s. It was revealed that certain attitudes and beliefs are associated with the trivialization of sexual assault in women and in men. Similarities were also established between sexual coercion committed by males and females. Little studies on the prevalence of sexual coercion have considered both men and women as potential aggressors. It is important to examine the attitudes and beliefs related to sexual coercion in the non-delinquent populations of Quebec. An online survey was conducted using Survey Monkey. This survey contained four measures to examine attitudes associated to erroneous beliefs regarding rape, hostility against females, tolerance of interpersonal violence, as well as antagonistic beliefs and sexual conservatism. A fifth instrument was used to measure sexual experiences, both in terms of victimization and coercion. The sample contained 354 students of the Université de Montréal coming from various student associations. The main results showed that females report less antagonistic beliefs than males. However, no differences were found between females and males regarding rape myth acceptance, hostility toward women, acceptance of interpersonal violence, adversarial sexual beliefs and sexual conservatism. In terms of sexual behaviors, females reported more sexual victimization than males. Little sexual coercion was reported in females and males. Results, however, showed that males had committed more sexual coercion than females. Additionally, it was found that hostility towards women predicted sexual victimization in females. Further, erroneous beliefs on rape predicted coercive sexual behaviors in women, whereas sexual conservatism predicted sexual coercion in women. Finally, sexual victimization predicted coercive sexual behaviors in both females and males.