Este estudo visa a investigar sobre se o direito tem sido adequadamente utilizado para instrumentalizar a política pública de cultura no Brasil. Partimos do arcabouço jurídico nacional e internacional sobre os direitos culturais e de conceitos importantes para o tema, passamos pela parte histórica e contextual da política cultural no Brasil, com as modificações havidas desde a redemocratização e seus reflexos no setor produtivo e no consumo cultural, para, então, analisar a proposta de reforma da Lei Rouanet feita pelo Governo Lula, com o objetivo de extrair os pontos que realmente só poderiam ser modificados por lei e identificar o que poderia ser alterado por meio de instrumentos jurídicos infralegais. O passo seguinte foi trabalhar as razões pelas quais houve proposta de reforma legal tão abrangente, e discorrer sobre a relação entre o direito e a política pública de cultura no Brasil, especificamente da possibilidade de reinterpretar o texto e construir um novo conteúdo normativo com base em nova política, sem alteração formal na lei. Concluímos que a interpretação construtiva da Lei Rouanet, agora aliada ao Plano Nacional de Cultura, formando os pilares sobre os quais se deve construir a legislação infralegal da cultura, seria capaz de responder de forma contundente à maior parte dos anseios sociais e governamentais de reforma do sistema de financiamento da cultura no Brasil. / This study aims to investigate whether the law has been properly used to equip the public policy on culture in Brazil. Firstly, it discuss the national and international legal framework on cultural rights and key concepts, contextualizes the public policy on culture in Brazil, with the changes taking place since the return to democracy and their reflections in the productive sector and the cultural consumption, then analyzes the proposed reform of the Rouanet Law taken by Lula government, with the purpose of extracting the points that really could only be modified by law and identify what could be changed through regulation. Finally, it looks for the reasons why the proposal for Rouanet Law reform was so comprehensive, and examines the relationship between law and public policy on culture in Brazil, specifically the possibility to reinterpret the text and build a new normative content based on new policy without formally amending the law. It concludes that the constructive interpretation of the Rouanet Law would be able to answer forcefully to most social and governmental desire for reform financing of culture system in Brazil.

Magister Legum - LLM

Magister Legum - LLM / This mini-thesis examines the issue of the implementation of the socio-economic rights provisions of the African Charter on Human and Peoples‘ Rights (ACHPR) at the national level, in a case study of Democratic Republic of Congo (DRC). These rights which comprise the right to property, the right to work, the right to health, the right to education and the protection of the family and cultural rights in Articles 14 to 18 of the ACHPR are provided for and guaranteed in the DRC Constitution of 18 February 2006 in Articles 34 to 48 and, accordingly, are legally enforceable under the Constitution. This study was motivated by the fact that despite the enforceability of these rights under the DRC Constitution, the real situation in the DRC remains worrying in that the economic, social and cultural rights (ESCR) of the ACHPR are violated from day to day by the government. The majority of Congolese live in poverty, disease and ignorance; they lack jobs, food and other basic necessities, such as, water and electricity, in spite of DRC‘s abundant natural resources (such as, oil and gas); minerals (such as cobalt, vanadium, manganese, phosphate, and bauxite); iron ore; and precious tropical rain forests. This situation is due to certain reasons, including: bad governance; mismanagement of public finances by political authorities at the expense of the majority; lack or weakness of the institutions or organs of implementation; and the ignorance of the Congolese people about their socio-economic rights even if they are massively violated by their government. Consequently, the marginalisation of socio-economic rights which results in their non-protection and non-realisation in DRC leads to a low expectation of the State and Government by the people, corruption, exclusion, racism, xenophobia, inequality, diseases, poverty, a feeling of betrayal of the people, a crisis of state and governmental legitimacy, popular insurrections and civil war in the country. To prevent the above consequences requires the DRC State to comply with Article 1 of the ACHPR which declares that the Member States of the Organization of African Unity that are parties to the ACHPR shall recognise the rights, duties and freedoms enshrined in it and shall undertake to adopt legislative or other measures to give effect to them. In addition, as the ACHPR complements human rights protection at the domestic level where the rights protected in the Charter should be realised, it is important for DRC to ensure that the ESCR of the ACHPR protected in its Constitution are given full legal effect under domestic law, such that the Charter‘s rights are made justiciable.

No abstract available. / Dissertation (LLM)--University of Pretoria, 2013. / Public Law / unrestricted

"The aim of this paper is to highlight the human rights dimension in the protection of traditional healing practices (THP) in Malawi. At first glance there might not seem to be considerable human rights issues involved. However, the scourge of the HIV/AIDS pandemic entails that traditional health practitioners have a crucial role to play in ensuring the right to health. Furthermore, THP represent an important component of the cultural tapestry of Malawian life. It is this combined cultural and health import that prompts this study. ... This paper explores the relationship between THP and the progressive realisation of the right to health. An investigation is made of the extent to which suppression of THP impacts the right to health in an attempt to discern whether there is a need to regulate and protect these practices. There is some tension between THP, as a cultural right, and the right to health given that THP have the potential to infringe peoples' right to health. However, there is also an intersection between the two rights since health is integrally related to culture and to cultural practices. A person's place in their culture is an essential part of their self-identity, so that if a culture is at risk, that person's psychological and emotional health is also at risk. Consequently this paper will consider the meaning, content and role of the right to culture (is it a collective or individual right?) and whether THP are part of culture, deserving protection as such. ... This paper is divided into five chapters. The introductory chapter provides an overview of the objectives of the study and a definition of THP. The chapter also discusses the research methodology employed in the paper and reviews the main literary works consulted by the author. To establish that THP form an aspect of culture, it is necessary to examine the qualities of THP and compare those to the qualities of recognised forms of culture. The second chapter comprises of an investigation of the legal provisions relating to culture and the various concepts of culture in human rights law. An attempt is then made to place THP within the context of the right to culture. The relationship between THP and the right to health is discussed in the third chapter. In this study it is suggested that the core minimum content of the right to health includes the right to an accessible and acceptable primary health source, and that this implies a right to access THP. The chapter attempts to show that non-regulation impedes THP thus violating the state's obligation to respect the right to health. In the fourth chapter there is an evaluation of the South African Traditional Health Practitioners Act of 2004 (the TH Act). Essentially, the law in Malawi defines and licenses the 'practice of medicine' in terms that entrench the medical profession and that exclude all other forms of healing as the 'unauthorised' practice of medicine, a crime. This chapter considers whether the South African legislation is a model for the inclusion of THP. More specifically, whether the development of THP as a form of culture is captured by the TH Act and whether Malawi can draw guidance from this legislation. The fifth and final chapter concludes the paper. The chapter reverts to the original research questions, the concepts propounded in the paper and the various conclusions drawn to establish whether the original problems presented have been resolved. This concluding chapter also contains recommendations to the Government of Malawi ensuing from the study." -- Introduction. / Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2005. / Prepared under the supervision of Prof. Nii Ashie Kotey at the Faculty of Law, University of Ghana / http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html / Centre for Human Rights / LLM

Social Economic Rights are included in the South African Constitution (the Constitution) as justiciable rights. This study critically examines the added benefits and implications for South Africa to ratify the International Covenant on Economic, Social and Cultural Rights (ICESCR) and the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights (OP-ICESCR). Explores some key laws, policies and case law which would give a clear picture as to where South Africa stands in its delivery of Social Economic Rights and discusses some of the key areas of difficulties in the implementation and enforcement of Social and Economic Rights in South Africa. / 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 Dr Lilian Chenwi, Faculty of law, University of Western Cape, South Africa. / LLM Dissertation (Human Rights and Democratisation in Africa -- University of Pretoria, 2009. / http://www.chr.up.ac.za/ / Centre for Human Rights / LLM

This research aims to answer the question whether Ethiopia has adopted adequate measures to realize the right to housing. This dissertation will be informative to many Ethiopians about their right to housing vis-à-vis the duty of the government and the measures it has taken. It can also serve as an incentive for the government to take adequate steps to realize the right to housing thereby influencing policy-making. Further, the research will bridge the gap in the existing literature on the subject. / 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 Atangcho Nji Akonumbo of the Catholic University of Central Africa, Yaoundé, Cameroon. / http://www.chr.up.ac.za/ / Centre for Human Rights / LLM

<p>On the assumption that the Bill of Rights in the Malawi Constitution has brought change in the enjoyment of rights by women married under customary family laws, this research study examines its impact on African customary family laws that are discriminatory against women in Malawi. The main focus is on customary family laws governing marriage, divorce, children after divorce, and inheritance in both patrilineal and matrilineal systems of marriages. The extent to which this has been reflected in practice is assessed in the light of women&rsquo / s rights law reforms and courts&rsquo / adjudication of customary family law issues.</p>

<p>On the assumption that the Bill of Rights in the Malawi Constitution has brought change in the enjoyment of rights by women married under customary family laws, this research study examines its impact on African customary family laws that are discriminatory against women in Malawi. The main focus is on customary family laws governing marriage, divorce, children after divorce, and inheritance in both patrilineal and matrilineal systems of marriages. The extent to which this has been reflected in practice is assessed in the light of women&rsquo / s rights law reforms and courts&rsquo / adjudication of customary family law issues.</p>

Progress indicators for measuring human rights, is a new paradigm established in the Inter-American region to identify improvements and formulate public policies based on empirical evidence. The analysis of the first round of reports for the Protocol of San Salvador was finished on May 2016, setting observations and recommendations to ensure expansion of economic, social, cultural and environmental rights in the Americas. This instrument with indicators must strengthen development policies and enforce human rights. / La evaluación de derechos humanos vía indicadores es un nuevo paradigma establecido en la región interamericana para valorar los progresos en la materia y formular políticas públicas basadas en evidencia empírica. El proceso de análisis de la primera ronda de informes para el Protocolo de San Salvador culminó en mayo de 2016, con la generación de observaciones y recomendaciones orientadas a garantizar la expansión de los derechos económicos, sociales, culturales y ambientales en las Américas. Esta metodología de indicadores deberá constituir un instrumento para fortalecer las políticas de desarrollo y la exigibilidad de los derechos humanos.