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111	The enforcement of socio-economic rights in the African human rights system : drawing inspiration from the International Covenant on Economic, Social and Cultural Rights and South Africa's evolving jurisprudence Mbazira, Christopher January 2003 (has links) "It is submitted that South Africa presents the African Commission on Human and Peoples' Rights (the Commission) and the African Court on Human and Peoples' Rights (the Court) with inspiration to draw from on how social-economic rights can be protected. Issues of locus, defining the state's obligations, effective remedies and their enforcement can be drawn from. However, it is impossible to transpose a domestic system directly into the regional system. It is also submitted that South Africa's Constitution and jurisprudence is not without criticisms as assessed against the backdrop of international human rights law. In this respect the United Nations Committee on Economic, Social and Cultural Rights (the Committee) offers immense inspiration. Through its practice of giving normative content to the rights in the ICESCR the Committee has given extensive definition to some of the rights in the ICESCR and the obligations that attach to them. The obligation of the states to take steps to the maximum of the available resources to achieve progressively the full realisation of the rights in the Covenant has been the subject of extensive elaboration by the Committee. In addition to this the Committee has read into the ICESCR a very important concept, the principle of 'core minimum obligations'. This concept sets the benchmark in determining whether the state has discharged it obligations at the minimum level. The Commission and Court should take advantage of the provisions of the Charter which allow for inspiration from other instruments. The Charter obliges the Commission and the Court to draw inspiration from international law and human and peoples' rights, including the UDHR and other instruments adopted by the United Nations and African countries in the area of human rights. This is in addition to taking into consideration other instruments laying down rules expressly recognized by the states. This paper sets out to show that the African system can draw inspiration from South Africa and the Committee in order to surmount the challenges affecting the realisation of the rights. The paper is divided into five parts. The first part outlines the normative framework of protection of economic, social and cultural rights within the ICESCR, the African Charter and South African Constitution. The second part explores the challenges hampering the effective realisation of these rights followed by an analysis of the African Court and the lessons it may draw not only from the Committee and South Africa's Constitution but from the African Commission as well. The fourth part looks at the forth-coming African Court and its challenges, pointing to aspects on which it may seek inspiration. This will be followed by a conclusion and recommendations." -- Introduction. / Prepared under the supervision of Professor Sandra Liebenberg at the Faculty of Law, University of the Western Cape, South Africa / http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html / Centre for Human Rights / LLM UCTD Socio-economic rights Human rights ICESCR South Africa Africa
112	A comparative study of the implementation in Zimbabwe and South Africa of the international law rules that allow compulsory licensing and parallel importation for HIV/AIDS drugs Sacco, Solomon Frank January 2004 (has links) "Zimbabwe and South Africa are facing an HIV/AIDS epidemic of such proportions that the populations of these countries will markedly decline in the next ten years despite the existence of effective drugs to treat the symptoms of AIDS and dramatically lower the communicability of the virus. These drugs are under patent protection by companies in the developed world and the patents raise the prices above the level of affordability for HIV infected persons in South Africa and Zimbabwe. Zimbabwe has declared a national emergency on HIV/AIDS, apparently in conformance with TRIPS and has issued compulsory licenses to a local company that has started to manufacture and sell cheap anti-retroviral drugs. South Africa has not declared a national emergency and has not invoked the TRIPS flexibilities or utilized flexibilities inherent in its own legislation. However, while thousands of people die every week in the two countries, neither government has yet provided an effective HIV/AIDS policy. Extensive litigation and public pressure in South Africa has led the government to announce a policy of supplying free HIV drugs in public hospitals while the Zimbabwean government has announced the provision of the same drugs, also in public hospitals, apparently utilising the state of emergency. The TRIPS agreement under which the two governments undertook to protect international patents allows compulsory licensing under certain circumstances (not limited to a national emergency) and the Doha Declaration on TRIPS and Public Health, and subsequent agreements by the Ministerial Council of the WTO allow the manufacture and, in limited circumstances, the parallel importation of generic drugs. These provisions provide a theoretical mechanism for poor countries to ensure their citizens' rights of access to health (care). The research is aimed at identifying the extent of the effectiveness of the legal norms created by Articles 20 and 31 of TRIPS, the Doha Declaration and subsequent Council of Ministers' decisions, which together ostensibly provide a framework to allow provision of generic drugs. It is further aimed at investigating how the state of emergency in Zimbabwe has been utilised to provide cheap generic drugs to Zimbabweans and whether this would be an option for South Africa. A comparison of the legal provisions governing the provision of drugs in the two countries will also be undertaken to examine the extent to which international and national constitutional and legal provisions may be utilised to give effect to the right to health." -- Introduction. / Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2004. / Prepared under the supervision of Dr. Enid Hill at the American University in Cairo. / http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html / Centre for Human Rights / LLM UCTD HIV/AIDS medicines HIV/AIDS drugs Pharmaceutical products Anti-retroviral drugs Generic drugs World Trade Organisation Intellectual property Health care Zimbabwe Right to health Socio-economic rights South Africa Human rights Africa
113	Towards effective realisation of the right to a satisfactory environment in the African Charter on Human and Peoples' Rights: a case for domestic horizontal application Ebobrah, Solomon Tamarabrakemi January 2006 (has links) "Although the African Commission recognised that non-state actors (in this case the transnational corporations (TNCs)) contributed to the violations that prompted the SERAC communication, it failed to hold the TNCs accountable for the violations. The Commission rather held the state party responsible [for] failing to prevent the violations in its territory. The reason for the failure of the Commission to hold the non-state actor accountable is obvious. As Anderson has noted, 'conventional jurisprudence contends that human rights are enforceable only against the acts of omissions of the state rather than the acts of private entities'. Consequently, especially in international fora, violations by non-state actors have gone largely unaccoutned for. Hence, commentators have argued in favour of seeking an appropriate regime for holding non-state actors accountable for such violations, some arguing for horizontal application at international fora. However, non-state actors lack the status to allow Charter institutions exercise jurisdiction over them. This leaves the option of domestic systems as fora for their accountability. Thus, the emerging principle of horizontal applicability of human rights in domestic jurisdictions and the assumption of independent judiciaries provide the premises for this study. ... Chapter 1 contains a general overview of the study. In Chapter 2, the essay examines the scope and content of the right to a satisfactory environment as contained in the African Charter. Chapter 3 examines the existing framework for the realisation of the right to a satisfactory environment under the African Charter. The SERAC case is considered briefly in this chapter as an example of the difficulty to arrest non-state actor violations in the existing framework. Chapter 4 presents the case for horizontal application of article 24 of the African Charter at the domestic level as a complimentary approach to realisation of the right. The debate on horizontal applicability of human rights is highlighted to show that it is not yet widely accepted but it is presented as a basis for this option. The recent Nigerian case of Gbemre v SPDC is examined as an example of the possibility of horizontal applicaton of the article 24 right in a domestic tribunal. Chapter 5 summarises the conclusions from the study and makes recommendations in support of applying the African Charter based right horizontally in domestic courts." -- Introduction. / Mini Dissertation (LLM)--University of Pretoria, 2006. / http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html / Centre for Human Rights / Centre for Human Rights / LLM / LLM UCTD UCTD Environmental rights Right to a satisfactory environment Environment Human rights Domestic application Horizontal application National courts SERAC case Nigeria Africa
114	Unaccompanied minor refugees and the protection of their socio-economic rights under human rights law Swart, Sarah Jean January 2008 (has links) The main objective of this study is to investigate the practical treatment of Unaccompanied Minor Refugees (UMR) in Ghana and South Africa, and to explore whether such treatment is in accordance with existing international norms and standards for the protection of refugee children. The study will focus on the realisation of children’s socio-economic rights in order to measure treatment. This study also seeks to address the obstacles which prevent the full and proper treatment of UMR, and to make recommendations as to how the international community can better regulate the treatment of UMR. In essence, this paper aims to investigate whether there is a discrepancy between the rights of child refugees acknowledged in international law and the situation of UMR in practice, and, if so, how this can be remedied. This paper seeks to show, through the case studies of Ghana and South Africa, that UMR are, to a certain extent, lost in the system / 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 Mr E.Y. Benneh of the Faculty of Law, University of Ghana, Legon / http://www.chr.up.ac.za/ / Centre for Human Rights / LLM UCTD Unaccompanied minor refugees (UMR) Socio-economic rights Human rights Rights of the child Ghana Refugee children South Africa Human rights -- Africa Economics -- Sociological aspects Refugees -- Africa
115	L'utilisation du domaine de la preuve par la Cour suprême du Canada dans la détermination des droits économiques des Autochtones conformément à ses propres valeurs Walsh, Francis 10 1900 (has links) No description available. Droits des autochtones Droits économiques Article 35 Loi Constitutionnelle de 1982 Cour Suprême du Canada Preuve Valeurs Aboriginal rights Economic rights Section 35 Constitution Act 1982 Supreme Court of Canada Evidence Values
116	Paradigm shift from land redistribution to use of redistributed land for poverty alleviation and sustainable development in South Africa Sihlangu, Precious January 2021 (has links) Thesis (LLD.) -- University of Limpopo, 2021 / Access to land in South Africa has become a pressing concern and one that needs special attention. This is so despite the advent of democracy in 1994 which brought legislative frameworks and other measures promoting access to land. This study seeks to demonstrate the importance of accessibility of land to ensure realization of socio economic rights through productive use of land and consequently contribute to poverty alleviation and sustainable development in South Africa. The study examines adequacy of access to land and productive use of such land by evaluating the effectiveness of delivery of land reform program. The study emphasises that productive use of land should be strengthened in order to ensure acceleration of realization of sustainable socio-economic rights such as provision of food and better living conditions for land reform beneficiaries. The study further encourages the need to strengthen legislative measures and compliance in order to improve the delivery of post-settlement support services to land reform beneficiaries. The Legislation such as Restitution of Land Rights Act, Provision of Land and Assistance Act , Extension of Security tenure Act and Land Adjustment Act were promulgated and mainly aimed at addressing and regulating the allocation or distribution of land to persons or communities who were previously dispossessed of their land and further made provisions for instances where one or more persons claim ownership of land, but do not have registered title deeds in respect thereof, and to provide for incidental matters. There is a need for radical enforcement of laws, legislation, and regulations promoting access to land through restitution, redistribution and strengthening tenure reform in order to realize the delivery and enjoyment of socio-economic rights through productive use of land. This study reviews laws and regulations in an attempt to utilize land as a tool to alleviate poverty and accelerate sustainable development in South Africa, which will enable people to gain access to essential services particularly in rural areas. Therefore, there is a need to ensure that redistributed land is used productively to improve the lives of land reform beneficiaries Legislation Poverty Land Access to land Land reform Socio-economic rights Abandoned mined lands reclamation Land reform Bills, Legislative Land reform -- South Africa Sustainable development -- South Africa Land reform beneficiaries
117	Inconsistency in judicial decisions : the right to life in perspective Moabelo, Kgorohlo Micro 02 1900 (has links) The dissertation critically examines and compares the decisions of the Constitutional Court and the High Courts in cases dealing with the right to life, as contained in section 11 of the Constitution of South Africa Act 108 of 1996. The dissertation analysis the issues of adjudication and the concept of justice in perspective. The main question is as follows: Are the Constitutional Court decisions objective, based on the interpretation of the constitutional text, or do they rather reflect the individual judge(s) personal perspective(s) or preference(s). The purpose of this dissertation is to undertake a comparative study and analysis of the Constitutional Court decisions on the right to life, same aspect from different perspective, and show that the right to life is not given proper effect to on account of the subjective approach to its interpretation undertaken by the judges. It examines and scrutinises the Constitutional Court’s adjudication process. It found that the law is indeterminable, because the court’s decisions are not based on the interpretation of the law, but on the individual judges’ background and personal preferences. This is so because the court uses the majority rule principle in its decisions: The perception of the majority of the judges becomes a decision of the court. It is argued that when taking a decision a judge does not apply the law but instead uses the law to justify his predetermined decision on the matter. The conclusion supports the critical legal scholars’ theory relating to the indeterminacy of the law. It tests the objectivity of the judges using their own previous decisions. / Criminal & Procedural Law / LLM Life Euthanasia Death Penalty Socio-Economic Rights Indeterminacy Abortion Health Care Justice Adjudication Judicial Decisions 342.850680269 Judicial process -- South Africa Right to life -- South Africa Capital punishment -- South Africa Medical ethics -- South Africa
118	Le dialogue des juges entre la Cour européenne des droits de l’homme et la Cour interaméricaine des droits de l’homme Robert, Jeanne 09 1900 (has links) Cette étude a pour but de présenter le dialogue entre les juges de la Cour européenne des droits de l’homme (CEDH) et de la Cour interaméricaine des droits de l’homme (CIADH), deux Cours régionales supranationales, visant toutes deux à garantir le respect des droits fondamentaux. Le dialogue est étudié à travers l’analyse du contentieux portant sur l’intégrité de la personne humaine et sur la protection des droits économiques et sociaux. Ce sujet se rattache au contexte de mondialisation qui vient transformer les relations de pouvoir et révèle l’émancipation des juges dans la régulation transgouvernementale. Le présent mémoire conclut que le dialogue vise à établir une cohérence entre les systèmes afin de faire prévaloir une vision commune des droits de l’homme à travers la constitution d’un espace euro-américain, tel un réseau d’échange informel. Néanmoins, le dialogue est limité par certains facteurs contextuels liés aux réalités contrastées des deux systèmes régionaux ainsi que par la volonté des acteurs étatiques. / This research aims to present the dialogue between judges of the European Court of Human Rights (ECHR) and the Inter-American Court of Human rights (IAHR). These two supranational regional courts both aim at ensuring respect for fundamental rights within their jurisdiction. The dialogue between them is analysed through the study of disputes regarding the integrity of human being and the protection of economic and social rights. This subject is greatly linked to the context of power shifts induced by globalization and reveals how judges are emancipating themselves through transgovernemental regulatory networks. In conclusion, this thesis demonstrates the dialogue’s objective to establish a certain coherence between the systems and to allow a common vision of human rights to be brought forward through the constitution of an informal exchange network now known as the Euro-American interspace. However, the dialogue is restricted by many contextual factors and the contrasted realities of the two regional systems, as well as the will of state actors. Droit international public Dialogue des juges Cour européenne des droits de l’homme Droit à l’intégrité Droits sociaux Public International Law European Court of Human Rights Inter-American Court of Human Rights Right to Human Integrity Socio-economic Rights
119	Inconsistency in judicial decisions : the right to life in perspective Moabelo, Kgorohlo Micro 02 1900 (has links) The dissertation critically examines and compares the decisions of the Constitutional Court and the High Courts in cases dealing with the right to life, as contained in section 11 of the Constitution of South Africa Act 108 of 1996. The dissertation analysis the issues of adjudication and the concept of justice in perspective. The main question is as follows: Are the Constitutional Court decisions objective, based on the interpretation of the constitutional text, or do they rather reflect the individual judge(s) personal perspective(s) or preference(s). The purpose of this dissertation is to undertake a comparative study and analysis of the Constitutional Court decisions on the right to life, same aspect from different perspective, and show that the right to life is not given proper effect to on account of the subjective approach to its interpretation undertaken by the judges. It examines and scrutinises the Constitutional Court’s adjudication process. It found that the law is indeterminable, because the court’s decisions are not based on the interpretation of the law, but on the individual judges’ background and personal preferences. This is so because the court uses the majority rule principle in its decisions: The perception of the majority of the judges becomes a decision of the court. It is argued that when taking a decision a judge does not apply the law but instead uses the law to justify his predetermined decision on the matter. The conclusion supports the critical legal scholars’ theory relating to the indeterminacy of the law. It tests the objectivity of the judges using their own previous decisions. / Criminal and Procedural Law / LL. M. Life Euthanasia Death Penalty Socio-Economic Rights Indeterminacy Abortion Health Care Justice Adjudication Judicial Decisions 342.850680269 Judicial process -- South Africa Right to life -- South Africa Capital punishment -- South Africa Medical ethics -- South Africa
120	Förslag till reform av den upphovsrättsliga skyddstiden : En argumentsorienterad studie över skyddstidens längd Holmedal, Samuel January 2015 (has links) No description available. Copyright Authors' rights Term of copyright protection Copyright length Length of copyright Economic rights Moral rights Berne convention TRIPS Sweden USA Elder v. Ashcroft Author Culture industry Society Interests Balance Upphovsrätt Immaterialrätt Upphovsrättslig skyddstid Skyddstid Upphovsrättslig balans Skyddstidens längd Upphovsmannen Samhället Efterlevande Kulturindustrin Upphovsrättens historia Intressekonflikter Upphovsrättsliga argument Ekonomiska rättigheter Ideella rättighter Ideell upphovsrätt Rättspolitik Bernkonventionen TRIPS-avtalet Sverige USA Internationell upphovsrätt Svensk upphovsrätt Amerikansk upphovsrätt

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