There is an increasing movement recognizing LGBT rights in the international arena. In China, “tongzhi” (a Chinese term for LGBT) still face massive discrimination due mainly to the Chinese government’s repressive indifference policy. This thesis follows Kees Waaldijk’s developmental pattern theory of the recognition of gay rights, starting from decriminalisation, anti-discrimination, and reaching partnership legislation. It examines this theoretic pattern in relation to the development of sexual minority rights in the United Nations (UN), European and Canadian human rights law systems. Although every jurisdiction has its own unique aspects, each basically followed Waaldijk’s pattern. The thesis concludes that the application of privacy, equality and non-discrimination principles have helped sexual minorities to achieve equal rights in a variety of fields. The thesis further examines whether the experiences within these three human rights systems can be adopted in the Chinese context. Since the UN laws are soft laws, they will help influence legal reform for tongzhi rights in China but will not be a decisive factor. With regard to the regional human rights model, unlike Council of Europe and the European Union, the Association of Southeast Asian Nations (ASEAN) is unlikely to push the development of human rights in China due to the lack of a strong tie between China and ASEAN member states. The Canadian experience is inspiring but will not be easily duplicated due to the lack of democratic institutions and the absence of an effective judicial review system and judicial independence in China. It is anticipated that the Waaldijk pattern cannot be reproduced in the Chinese context. China will take a top-down reform route in terms of the tongzhi rights development. The central authorities will likely adjust relevant policies to the tongzhi group once a crisis has generated sufficient social pressure that would influence the central authorities to consider changing their repressive indifference policy. Same-sex marriage law is anticipated to be the first tongzhi human right legislation in China due to the Chinese traditional culture of tolerance, the support found among academics, and the current political environment.

This research focuses on the desirability and feasibility of allowing individuals to access the International Court of Justice when their rights under international human rights treaties have been violated. International law now recognizes individuals as its subjects and that from such recognition flows a right of access to international courts. Using the Inter-American and European Courts of Human Rights as models, it is examined whether the right of individual access supersedes the will of states, the arguments for and against a global human rights court and how the ICJ’s statute and rules could be changed to allow individuals a) to participate in the court’s proceedings and b) gain direct access to the court as parties. Individuals could have both locus standi before the ICJ if the Court modifies its procedural rules and jus standi, which requires not only procedural changes, but the modification of the U.N. Charter.

The Czech Republic encounters problems of immigration after 1989. At present time there are about 2.5% of foreigners in the Czech Republic. This percentage is amongst the lowest within EU, however the predictions for the future are that the number is going to constantly increase. People come to the Czech Republic seeking better conditions for living and want to start a new life here. Therefore part of the government policy should be securing immigrants with equal access and equal opportunities in the labour market, in relation to health as well as social care. A quantitative research in the form of a questionnaire technique was selected in the practical part. Anonymous questionnaires for immigrants and public were used. The research aimed at immigrants was conducted in institutions engaged in helping aliens in Brno, České Budějovice, Hradec Králové, Plzeň and Prague. Total of 120 questionnaires were sent out. The questionnaire's returnability was 49%. The research set was therefore formed by 59 respondents. Research aimed at public was conducted in České Budějovice, Jindřichův Hradec and in Třeboň. Total of 110 questionnaires were handed out and their returnability was 100%. All questionnaires were evaluated and elaborated into percentage figures. Two goals are set in the thesis. To each of the goals two hypotheses were set. Goal 1: Find out the level of immigrants' knowledge about labour law and related regulations to it {--} health insurance, welfare. Hypothesis No. 1: More than half of the questioned immigrants know their rights. Hypothesis No. 2: More than half of the questioned immigrants know to whom they may turn to in case of problem solving. After questionnaire evaluation the first hypothesis was not confirmed and the second hypothesis was confirmed. Goal 2: Find out the level of public awareness of the law status of aliens living in the area of the Czech Republic. Hypothesis No. 1: More than half of the questioned respondents do not know the alien rights living in the area of the Czech Republic. Hypothesis No. 2: More than half of the questioned respondents know the organizations providing support for aliens living in the area of the Czech Republic. After evaluation of the questionnaire the first hypothesis was not confirmed and the second was confirmed.

Magister Legum - LLM / Africa seemingly cursed with instability, conflict and gross human rights violations has been the largest scene of operation of international criminal justice. This understanding led African States to be some of the key proponents in the push for an International Criminal Court. Of late however, mounting policy and operational fluxes between African States and international criminal justice has put Africa's relationship with international justice on ice. This in turn has awoken within the region's geopolitical body, the African Union, the need for an exclusively African response to international criminal justice as it is currently considering extending the jurisdiction of the African Court of Justice and Human Rights to cover international crimes. This Research Paper aims to chart the genesis of this move through the decision-making system of the African Union and within the broader context of the Union's emerging Human Rights, Peace and Security Architecture. It will simultaneously assess the viability of this proposal within the backdrop of recent global developments with a view to identifying key legal and policy ramifications. It aims to show that there may be room for the adoption of an empowered African Court as a regional complement to the international criminal justice system.

There is an increasing movement recognizing LGBT rights in the international arena. In China, “tongzhi” (a Chinese term for LGBT) still face massive discrimination due mainly to the Chinese government’s repressive indifference policy. This thesis follows Kees Waaldijk’s developmental pattern theory of the recognition of gay rights, starting from decriminalisation, anti-discrimination, and reaching partnership legislation. It examines this theoretic pattern in relation to the development of sexual minority rights in the United Nations (UN), European and Canadian human rights law systems. Although every jurisdiction has its own unique aspects, each basically followed Waaldijk’s pattern. The thesis concludes that the application of privacy, equality and non-discrimination principles have helped sexual minorities to achieve equal rights in a variety of fields. The thesis further examines whether the experiences within these three human rights systems can be adopted in the Chinese context. Since the UN laws are soft laws, they will help influence legal reform for tongzhi rights in China but will not be a decisive factor. With regard to the regional human rights model, unlike Council of Europe and the European Union, the Association of Southeast Asian Nations (ASEAN) is unlikely to push the development of human rights in China due to the lack of a strong tie between China and ASEAN member states. The Canadian experience is inspiring but will not be easily duplicated due to the lack of democratic institutions and the absence of an effective judicial review system and judicial independence in China. It is anticipated that the Waaldijk pattern cannot be reproduced in the Chinese context. China will take a top-down reform route in terms of the tongzhi rights development. The central authorities will likely adjust relevant policies to the tongzhi group once a crisis has generated sufficient social pressure that would influence the central authorities to consider changing their repressive indifference policy. Same-sex marriage law is anticipated to be the first tongzhi human right legislation in China due to the Chinese traditional culture of tolerance, the support found among academics, and the current political environment.

Historically, women in conflict and post-conflict situations have on the basis of their status been subjected to harmful and discriminatory practices which run contrary to international, regional and domestic provisions guaranteeing various human rights including the rights to freedom from torture, cruel, inhumane and degrading treatment or punishment; discrimination; violence; privacy and autonomous decision making within the context of healthcare etc. Whereas recent years have seen an improvement in State responses globally, in Nigeria the experiences of women in conflict and post-conflict situations remain deplorable. Despite the ratification of various international and regional treaties in this regard, issues revolving around access to safe abortion remain problematic. They are also further complicated by questions of holistic adoption and implementation of ratified instruments in this regard. Consequently, though consensus has been achieved on paper, implementation remains a mirage particularly across the Middle Belt region and the Northeast which are grappling with farmer-herder conflict and insurgency by proscribed armed groups respectively. This mini-dissertation discusses in-depth the current framework for the protection of women’s reproductive health and rights related to access to abortion services in conflict and post-conflict situations in Nigeria in view of international and regional human rights obligations, highlighting the challenges and prospects and identifies key opportunities for consideration in the protection of these rights by municipal law. This research is relevant to legal, ethical and social discourses as well as issues of policy formulation and implementation related to reproductive health and rights protection in conflict and post-conflict situations within Nigeria. / Mini Dissertation (LLM)--University of Pretoria, 2021. / NRF / Centre for Human Rights / LLM / Unrestricted

The recognition of the right to language under international human rights is still an ongoing debate. By examining the nature, extent and adequacy of the protection according to linguistic rights in international human rights laws, this paper offers solutions for this ongoing debate. In addition to resolving the issues in international law, it also discusses the extent of protection accorded to linguistic rights in Mauritius as well as under the express linguistic and ethnic form of Ethiopian federalism. Compares the practice and language policies of Ethiopia and Mauritius in light of international standards and identifies further issues to be addressed. / Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2009. / 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 Bissessur Pramod, Faculty of Law and Management, University of Mauritius. / http://www.chr.up.ac.za/ / Centre for Human Rights / LLM

This thesis examines the regulation of HIV-related clinical research in Africa, with special emphasis on preventive HIV vaccine efficacy trails in South Africa. The discussion centres on aspects of the South African economic, social and political context, which increase not only certain communities' vulnerability to HIV infection, thereby accelerating the spread of the disease but also those communities' vulnerability to exploitation and abuse during clinical research. Human rights law is suggested as a viable alternate model to bioethical regulation to protect participants in HIV-related clinical trials. It is demonstrated that, in certain instances human rights law has important advantages over bioethics, not only because it has the force of law, but also because it positions the research participant within a specific social context It is proposed that a normative model derived from human rights' principles adds value to the bioethical debate in the context of clinical research in South Africa and the rest of the world. The thesis concludes that in order to make clinical research more responsive to circumstance, bioethics should be inspired by a broader social, economic and political perspective, such as is provided by a human rights-based analysis. The thesis recommends that bioethics and human rights law, rather than being seen as different systems, should be unified into a single system of protection under the constitution and the Bill of Rights. In order to do this, legislation that integrates ethical guidelines and human rights law needs to be drafted to give effect to the constitutional guarantee in section 12(2)(c). At the international level, the adoption of a convention which integrates human rights law and ethical guidelines is proposed. / AFRIKAANS : Die proefskrif ondersoek die regulering van MlV-verwante kliniese navorsing in Afrika met spesifieke verwysing na kliniese proefnemings in Suid-Afrika om die doeltreffendheid van voorkomende MlV-entstowwe te bepaal. Die bespreking gee aspekte van die Suid-Afrikaanse ekonomiese sosiale en politisie konteks weer, wat nie net sekere gemeenskappe se kwesbaarheid vir MlV-infeksie bevorder nie, en dus die verspreiding van die siekte aanhelp nie maar wat ook daardie gemeenskappe meer kwesbaar maak om uitgebuit en misbruik te word gedurende kliniese navorsing. Menseregte word voorgestel as 'n lewensvatbare alternatiewe model teenoor bio-etiese regulering om die belange van deelnemers aan MlV-verwante kliniese proefnemings te beskerm. Die proefskrif wys daarop dat, onder sekere omstandighede, mensereqte belangrike voordele bo die bio-etiek het, nie net omdat dit regskrag het nie, maar ook omdat dit die deelnemer aan navorsing posisioneer binne 'n spesifieke sosiale konteks. Daar word aan die hand gedoen dat ln normatiewe model, afgelei vanaf menseregte-beginseis, waarde sal toevoeg tot die bio-etiek-debat in die konteks van kliniese navorsing in Suid-Afrika en die res van die wêreld. Die proefskrif bevind dat, om navorsing meer responsief tot omstandighede te maak, die bio-etiek geïnspireer moet word deur 'n breër sosiale, ekonomiese and politiese perspektief, soos wat voorsien word deur 'n menseregte-gebaseerde analise. Die proefskrif maak die aanbeveling dat die bio-etiek en menseregte, eerder as om as twee verskillende stelsels gesien te word, saamgevoeg moet word in 'n enkele stelsel van beskerming ondergeskik aan die Grondwet en die Menseregtehandves. Ten einde hierdie doel te bereik, moet wetgewing aangeneem word wat effek gee aan die grondwetlike waarborg in artikel 12(2)(c) en sodoende etiese riglyne en menseregte integreer Op die internasionale vlak word aan die hand gedoen dat 'n internasionaie konvensie aangeneem moet word wat menseregte en etiese riglyne integreer. / Thesis (LLD)--University of Pretoria, 2007. / Jurisprudence / LLD / Unrestricted

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Trafficking in persons for sexual purposes is a modern form of slavery which causes serious violation of fundamental human rights. Despite that, trafficking victims are often left without international protection. Furthermore, the majority of the victims of trafficking for sexual purposes are women. In this thesis the author examines the international refugee law from a feminist perspective to determine why some actions are capable of international attention and protection while others are not. The international regulation for combating trafficking, so called anti-trafficking measures, are rather comprehensive. However, these measures focus on eliminating trafficking through prevention and prosecution and do not give much, if any, protection to the victims of trafficking. Instead protection can be found in the refugee convention and the complementary protection under non-refoulement. The refugee law has been criticised for its gender bias and male norm which affect women’s possibility to be granted international protection. As a result of this, persecution or other serious harm that mostly affects women, such as trafficking for sexual purposes, are seen as gender-specific and not as a part of the core definition of a refugee. Trafficking victims from the EU who seek protection in another country in the union faces the most obstacles, since citizens from the EU are not recognised to be in need of international protection because of the presumption that countries in the EU are democratic and safe. This presumption is questionable since the majority of the trafficking victims in the Union are from a country in the EU. The feminist analysis on the refugee law aim to examine to what extent women’s need for international protection in relation to trafficking is fulfilled.