Child marriage is defined as a marriage or informal union in which one of the spouses is under the age of 18. It is a widespread form of gender-based violence rooted in gender inequality, religious and cultural beliefs, and traditions. The practice is often associated with poverty, lack of education, domestic violence, and early pregnancy which entails serious health implications for girls. In times of armed conflict, child marriage frequently occurs as a coping strategy due to an increase of poverty and security threats. Ongoing crises in the Middle East and Africa have brought hundreds of thousands of refugees to Europe. Among them are hundreds of minor married girls, and European states are often unsure how to deal with them. This thesis aims to identify state obligations under international and European regional human rights law and refugee law. It finds that international human rights documents seek to eliminate child marriage through criminalisation of the practice but fail to determine a minimum age of marriage. International refugee law recognises child marriage as an asylum ground but does not stipulate binding provisions regarding family unity with the girl’s parents or her husband. Analysis of European law shows that the approach adopted by the Council of Europe corresponds with UNHCR guidelines, including a broad understanding of family. The European Union, on the other hand, follows a more restrictive way, excluding married minors from family reunification with their parents and preventing them from reunification with their spouse until a certain age. Several European states have tightened their laws and no longer recognise any child marriages concluded abroad. This paper argues that this narrow approach ignores the need for a case-by-case assessment and thus violates international standards of child protection, particularly the best interests principle.

Throughout the world human rights abuses are committed against individuals on the grounds of their sexual orientation, gender identity and expression or sex characteristics (SOGIESC). The Human Rights Committee (HRC), which is the monitoring body of the International Covenant on Civil and Political Rights (ICCPR), can play a role in ensuring that human rights violations targeting SOGIESC diverse groups end. This can be done through the advancement of SOGIESC norms. By advancing SOGIESC norms the HRC would affirm that the rights in the ICCPR extend to SOGIESC diverse groups, thus promoting protection of SOGIESC diverse groups' civil and political rights. This dissertation examines the extent to which the HRC advances SOGIESC norms. This is realized through a combination of quantitative and qualitative analysis of how the HRC has engaged with SOGIESC under the auspice of its three monitoring functions – Views in individual communications, Concluding Observations and General Comments. The findings are explored within the theoretical framework of norm formation and theories about intrinsic qualities of successful norms. The analysis reveals that the HRC's advancement of SOGIESC norms is characterized by uneven progress. On one hand, the analysis demonstrates that the HRC has progressed significantly in its advancement of SOGIESC norms during the last 25 years. The HRC has increasingly advanced norms to affirm that numerous rights enshrined in the ICCPR extend to SOGIESC diverse groups. On the other hand, the analysis shows that progression on advancement of SOGIESC norms by the HRC is qualified. The HRC has not advanced the distinct SOGIESC norms equally, nor do the SOGIESC norms advanced by the HRC apply equally to individuals of diverse sexual orientation and gender identity and expression and sex characteristics. It is concluded that there is still scope for the HRC to improve advancement of SOGIESC norms. The dissertation offers three recommendations as to how the HRC can improve advancement of SOGIESC norms to achieve more comprehensive protection of SOGIESC diverse groups' human rights.

Compared to the more “traditional” Civil or socio-economic rights, which are regarded as being held by individuals; the notion that communities can also be holders of particular rights is still relatively new. And yet, the suffering inflicted on customary communities by states, corporations and even individuals dates back to the colonial modes of production, wherein colonial authorities would extract raw materials from colonies. This being the case, it is important for any modern system for the protection of human rights – especially on the African continent - to take the unique circumstances of communities adversely affected by extractive industries into account. It is with this in mind, that my dissertation aims to offer an in depth analysis of the legal relationship between the interests of extractive projects and the rights of communities affected by such projects. As I am writing from a South African context, a significant percentage of my research is concerned with how this relationship plays out in South Africa – with particular attention being paid to the cases of: the Xolobeni Community1 in the rural Eastern Cape, the Bakgatla Ba Kgafela in the North West2 and the Somkhele Community in Kwa-Zulu Natal3 . However, I do also address the broader context by spending an entire chapter dealing with the international, regional and sub-regional mechanisms which can have an impact on the rights of mining affected communities. I also spend a significant part of my research arguing in favour of the standard of Free, Prior and Informed Consent as the minimum standard of community involvement in the decision making process relating to project that might affect them (colloquially known as “FPIC”). These arguments are based on the findings of a number of theorists and legal practitioners who have found that the lack of FPIC is one of the most significant stumbling blocks for the promotion and protection of the rights of mining affected and other marginalised communities. It is my hope that this research will serve as the basis for discussions around these issues in academia and practice with the end goal of advancing the rights of communities affected by mining or other extractive operation.

The EU is well-known for its policy of externalisation, that is, shifting the migration control away from its own borders (as a second, destination country) and towards third countries. This practice challenges human rights law. The thesis addresses the meaning and development of the border externalization. Furthermore, it explains how the migration policies are impacting migrants' and refugees' human rights. Finally, the thesis argues that states can be held responsible for the human rights violations happening due to the EU's policy of externalisation. Thus, overall, the thesis is concerned with the EU migration control and its member states and the human rights situation in Libya. The migration policies have changed in the past to new forms of non-entrée in which the border control is carried out by the authorities of the state of origin or transit. This is, because the early non-entrée practices were legally challenged, and did not protect European states from legal accountability. By funding the Libyan Coast Guards and entering agreements with a politically unstable country that also has a poor human right record, the EU and its member states are supporting the violations of migrants' and refugees' rights. These violations range from breaches of the right to life, the right to seek and enjoy asylum, the principle of non-refoulment, the right against torture and ill-treatment, the right to liberty, and the right to remedy. The violations are especially grave in migration-related detention in Libya where detainees experience inhuman living conditions and abuse. The thesis argues that the EU and its member states, particularly Italy due to the special cooperation between the Italian and Libyan authorities, are in breach of international as well as European law. The thesis concludes that state responsibility follows from Article 16, 17, and 47 ARSIWA are violated as well as Article 3 ECHR.

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Includes bibliographical references. / The Qualification Directive intended to achieve the harmonization of the asylum determination procedures among European states. The Qualification Directive introduced minimum standards for the determination of asylum claims, aiming at equal outcomes in decision-making processes, especially on first instance levels. While all member states had to change their national legislation to comply with the provisions of this Directive, they were allowed to adopt more favorable legislation. However, after a period of four years and an assessment of the situation, it became clear that the Qualification Directive failed its goal at least partly, since imbalances in asylum determination processes still existed. These resulted in immense differences in recognition rates of same country nationals in European states, despite the goal of the concept to reach uniform standards. The cause was said to be insufficient guidance coming from the Qualification Directive for the decision-making authorities. Consequently, the European Commission adopted a recast Qualification Directive in 2011. It demanded national legislation to be adapted accordingly by the 21st of December 2013. The international refugee regime is governed by the 1951 Convention Relating to the Status of Refugees (hereinafter 1951 Convention). Being a party to that Convention is a prerequisite for joining the EU. Thus all European states are bound by the obligations arising from the 1951 Convention. Consequently, the recast Qualification Directive is “based on the full and inclusive application” of the 1951 Convention. Nonetheless, due to the development of international human rights law, in terms of the protection of women’s rights, it is evident that the 1951 Convention lacks sufficient clarification and guidance for asylum claims arising from women’s experiences of traditional harmful practices. Those harmful and discriminatory practices comprise for example forced marriage, female genital mutilation, domestic violence including rape, China’s one child policy and the risk of forced sterilization emerging in this context as well as in others, traditional dress codes, dowry burning or honor killings. This list is not meant to be exhaustive, since women might be subjected to several other norms, customs, rules or policies, which they try to escape from and base their asylum claims on. Asylum claims that deal with these forms of harm are often referred to as gender-related asylum claims. However, under the refugee definition of the 1951 Convention a specific ground of ‘gender’ or ‘sex’ is missing.

Juvenile justice is a core facet of international child law aimed at protecting children who come into conflict with the law. The international and regional juvenile justice frameworks outline the standards expected of States party to the international instruments. Both South Africa and Scotland are obligated to adhere to these rules and principles by way of creation and implementation of domestic laws in furtherance of a child-centered approach to justice. This dissertation analyses the effectiveness of both national systems and assesses the extent to which they respect, protect and fulfill children's rights in the context of international child law. This study also aims to highlight areas in which South Africa and Scotland fail to meet the prescribed standards and proposes various recommendations in order to do so more effectively.

The problem of refugees is a global one that is of concern to all states. There are rising numbers of refugees that are forced to migrate from their homes in search of safety. How states respond to refugee situations is very important for the protection of refugee's rights. The international community has been able to draft some international conventions and treaties that provide for the protection of refugees. However, most are drafted in a manner that caters for individual determination and protection procedures. This is despite the fact that refugees enter countries in large groups most times. The major international laws that that cater for group situations are not exact on who must take on the responsibility in mass influx situations, how this responsibility should be shared and also the form and manner that the responsibility sharing mechanisms should take. This research is an insight into the laws and current practise of state in times of mass influx refugee situations. The current crisis in Syria is an example of mass influx situations and how states have been handling the situation and this research analyses the Syrian situation in order to understand current state practice. The research also explores the laws that are currently in place to protect refugees and if they can be applied to mass influx situations while adequately guaranteeing the protection of the human rights of the refugees. It further explores the options that are open to states in times of mass influx, state practice and the obligations that should arise in such situations.

This minor dissertation is a research paper on the use of arbitrary detention to criminalise asylum seekers in South Africa. After the democratic transition in 1994 South Africa became a leading destination for asylum seekers from across the African continent. South Africa’s post-apartheid immigration and refugee system were based on a human-rights approach and aimed at creating a culture of inclusion and tolerance. Despite a progressive Refugee Act, the most prominent aspect of the South African asylum system is its use of arbitrary detention as a form of immigration control. The goal of this research is to analyse the criminalisation of asylum seekers through arbitrary detention in South Africa. This is done through an analysis of the roles the Refugee Act and the Immigration Act play in the asylum process. In understanding the nexus between arbitrary detention and the deprivation of liberty, this research analyses the normative frameworks that inform international and South African legislation. The use of detention as an immigration tool has resulted in a cycle of criminalisation. The South African institutions and erroneous application of immigration laws has criminalised the act of seeking asylum - a universal human right. After an in-depth analysis of the asylum process in South Africa and how arbitrary detention has criminalised asylum seekers, this research discusses the alternatives to detention most applicable in the case of South Africa. The erroneous application of laws, politicization of asylum seekers and use of detention for administrative and deterrence reasons are the primary reasons for the unlawful detention of asylum seekers in South Africa. This research reveals that there are alternatives to the use of detention as the first port of call, this largely lies in the reform of the country’s implementation of refugee law. The progressive nature of the Refugee Act guarantees protection from arbitrary detention, by redressing the management of the asylum process and institutions, the Refugee Act can be better implemented to reflect the human-rights approach it embodies.

Tens of thousands of men, women and children are being trafficked around the world and brutally exploited. This research investigated if SA law and policy is equipped to deal with the peculiarities of Human Trafficking. This dissertation's central thesis is that the legal and policy response to human trafficking in South Africa is inadequate to deal with its peculiarities. The anti-trafficking response must extend beyond the application of human rights and criminal law to include a cross-cutting, multi-sectoral, socio-economic and political response that addresses its causes and consequences. The study considers and explores the definition of human trafficking, its causes, consequences and the peculiarities and specificities of human trafficking in SA. The international, regional and domestic legal frameworks and their relevance for human trafficking is outlined with emphasis on the Prevention and Combatting of Trafficking in Persons Act 7 of 2013 and the National Policy Framework. A feminist lens using Intersectionality and Standpoint Theory, is applied to inform the critical analysis of the research question. This thesis demonstrated that South Africa's law and policy although promising, is insufficient in dealing with the peculiarities of human trafficking. The law needs to better account for the root causes of trafficking. It is essential that this response is informed by intersectionality to enable the implementation of broader solutions especially addressing the violation of social and economic rights and the root causes of trafficking.