The essence of human rights and their dimension goes beyond national level. It is universal because it is inherent to human kind. The main source of human rights norms is international human rights instruments. The concern for human rights has grown worldwide and therefore they have been given priority by most nations. They are more and more integrated into national legal frameworks mainly in states constitutions with more or less enforcing mechanisms. As far as the realization of rights is concerned various mechanisms are involved on different levels: international, regional and national. Each of the three levels has its advantages and disadvantages. Yet, the local mechanisms appear to be more effective and adequate given the fact that they are closer to the real subject of the rights (the individuals). In point of fact, human rights involve mainly the relationships between individuals and states but sometimes also between individuals living somewhere in a nation. / Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2011. / http://www.chr.up.ac.za/ / nf2012 / Centre for Human Rights / LLM

Torture has long been denounced by the international community; the need to protect citizens from abuse at the hands of the state is a principle enshrined in international law. One area where abuse is common is within the correctional system and as a result, there is a need for oversight in places of detention. The Optional Protocol to the UN’s Convention Against Torture (OPCAT) is an international human rights instrument that acts as a preventive measure to monitor all places of detention through regular visits. Supportive of the OPCAT since its adoption, Canada has considered signature/ratification since 2002 but has yet to commit. The purpose of this study is to identify factors that have led to a delay in Canada becoming State Party to the OPCAT despite adherence to the principles that this instrument embodies. A policy analysis framework was utilized to conduct stakeholder interviews and review government documents. The concept of agenda-setting received special attention and content analysis of media reports and a review of government legislative activity were conducted to provide insight into the prevalence of the issue on the public and political agendas. The author argues that while there are real challenges that policymakers must overcome, the absence of political leadership has resulted in stagnation in the decision-making process. As a result, the issue has disappeared from both the public and political agenda. In order for progress to be made, political will must be created and the impetus to act (‘re-setting the agenda’) must come from civil society in the absence of government engagement on this issue.

Torture has long been denounced by the international community; the need to protect citizens from abuse at the hands of the state is a principle enshrined in international law. One area where abuse is common is within the correctional system and as a result, there is a need for oversight in places of detention. The Optional Protocol to the UN’s Convention Against Torture (OPCAT) is an international human rights instrument that acts as a preventive measure to monitor all places of detention through regular visits. Supportive of the OPCAT since its adoption, Canada has considered signature/ratification since 2002 but has yet to commit. The purpose of this study is to identify factors that have led to a delay in Canada becoming State Party to the OPCAT despite adherence to the principles that this instrument embodies. A policy analysis framework was utilized to conduct stakeholder interviews and review government documents. The concept of agenda-setting received special attention and content analysis of media reports and a review of government legislative activity were conducted to provide insight into the prevalence of the issue on the public and political agendas. The author argues that while there are real challenges that policymakers must overcome, the absence of political leadership has resulted in stagnation in the decision-making process. As a result, the issue has disappeared from both the public and political agenda. In order for progress to be made, political will must be created and the impetus to act (‘re-setting the agenda’) must come from civil society in the absence of government engagement on this issue.

Torture has long been denounced by the international community; the need to protect citizens from abuse at the hands of the state is a principle enshrined in international law. One area where abuse is common is within the correctional system and as a result, there is a need for oversight in places of detention. The Optional Protocol to the UN’s Convention Against Torture (OPCAT) is an international human rights instrument that acts as a preventive measure to monitor all places of detention through regular visits. Supportive of the OPCAT since its adoption, Canada has considered signature/ratification since 2002 but has yet to commit. The purpose of this study is to identify factors that have led to a delay in Canada becoming State Party to the OPCAT despite adherence to the principles that this instrument embodies. A policy analysis framework was utilized to conduct stakeholder interviews and review government documents. The concept of agenda-setting received special attention and content analysis of media reports and a review of government legislative activity were conducted to provide insight into the prevalence of the issue on the public and political agendas. The author argues that while there are real challenges that policymakers must overcome, the absence of political leadership has resulted in stagnation in the decision-making process. As a result, the issue has disappeared from both the public and political agenda. In order for progress to be made, political will must be created and the impetus to act (‘re-setting the agenda’) must come from civil society in the absence of government engagement on this issue.

"The domestic courts have not been able to enforce international human rights in Mozambique and there are no institutions to address the concerns of victims of human rights abuses. A limited number of NGO's operating in the field of human rights play a role, which is not significant considering the number. Several factors, for example, the lack of knowledge of international human rights instruments by the people in charge of administration of justice such as judges, prosecutors, or even lawyers and legal assistants, may explain this. The present paper is an attempt to explore why the international human rights norms are not enforced in the Mozambican legal system; this will be done in a comparison with the situation [in] Ghana. ... This paper is structured in five chapters. Chapter one is the introductory chapter, it essentially introduces the topic, discusses the manner in which the research will be caried out, namely the methodological approach used, literature review, objectives of the study and its limitations, [and] last but not least, it outlines the research questions and the hypothesis. Chapter two gives the definitions of the main concepts used in this paper; it goes further in discussing the relationship between national law and international law focusing [on] the theories of monism and dualism. It also analyses the constitutional provisions dealing with international law in the Mozambican and Ghanaian legal order in the light of the monist and dualist theories. Chapter three discusses the sources of international human rights law and their implications [for] the enforcement of internationl human rights law in domestic courts. It goes further by discussing the principles governing domestic applicability of international human rights law and finally discusses the obstacles to the enforcement. Chapter four is the case study of this paper: it analyses how international human rights law is enforced by domestic courts in Mozambique and Ghana and several other aspects around the judiciary and the international human rights law training. Chapter five finally draws conclusions and gives recommendations on what should be done to ensure the enforcement of international human rights law in domestic courts." -- Introduction. / Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2005. / Prepared under the supervision of Professor Kofi Quashigah at the Faculty of Law, University of Ghana / http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html / Centre for Human Rights / LLM

"The enjoyment of all human rights by all persons is the ultimate horizon of democracy. It is generally admitted that democratic societies are less likely to violate human rights. The good human rights records of these societies can be justified, among others, by the promotion of a strong legal culture, which provides procedural avenues for allocating responsibility for human rights violations. Thus, the protection of human rights follows from the functions of law in society, and the nature of human rights claims. At the national level, human rights are protected by both domestic and international mechanisms. Therefore, the human rights claims should be based on violations of either domestic law or relevant provisions of operational international human rights instruments. However, most of the time this is not the case, especially in Africa. Many African states have ratified several international human rights instruments, but the record of the way the latter are applied in their respective judicial systems remains very poor. This study aims to analyse the case of Burundi, one of these state whose judicial system only rarely applies international human rights instruments in spite of the importance devoted to them by the Constitution. It must be understood that international human rights as a source of law will be referred to, in this study, both as a source of rights and as a source of interpretation of domestic human righs instruments such as the Bill of Rights. ... Chapter one will set out the content of the research, identify the problem and outline the methodology. Chapter two will focus on the status of international law in domestic legal systems. It will highlight the theories that have been used to determine the relationship between international and domestic law in general. Chapter three will analyse on basis of some samples of cases how the Burundian courts interpret and apply international human rights instruments. Chapte four discusses the role played by the Burundian lawyers in the enforcement of these instruments. Chapter five will draw [a] conclusion and recommendations." -- Introduction. / Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2005. / Prepared under the supervision of Professor Grace Patrick Tumwine-Mukubwa at the Faculty of Law, Makerere University in Kampala, Uganda / http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html / Centre for Human Rights / LLM