This study is concerned with the evaluation and comparison of a portion of the laws and practices relating to the care and protection of children in five nations: Canada, the United States, Denmark, Italy, and Greece. The subjects discussed include administrative differences, compulsory education, child labour regulations, adoption, the welfare of handicapped and crippled children and grants to needy dependent children. To some extent in the evaluating and in the comparing processes, the factors causing differences in standards of care and protection of children are brought to light. Comparisons have been made in two ways, e.g., by measuring one nation's laws -and practices against another, and by measuring the standards of each nation against international standards and principles. Although it has been found that all five nations have weaknesses in these provisions for the protection of children, a vast difference of strength is shown between Canada, Denmark, and the United States on the one hand -and Greece and Italy on the other. It is the conclusion of the author that these differences show the necessity for international action and help for nations unable to provide adequately for their children without outside help. Considerable difficulty was experienced in finding material for research. Generally, four sources were used for the compilation of relevant information. These were: The University Library, national and international agencies and offices, friends working in the field of social work in the countries studied, -and an amount of material and information gathered by the writer while working in three of the countries involved. / Arts, Faculty of / Social Work, School of / Graduate

This study will examine the circumstances surrounding the passage of the British Columbia Married Women's Property Act, 1873 and the judicial response to it. The statute was an attempt on the part of legislators to clarify and facilitate married women's actions in the marketplace, while accomodating new ideas about women's place in society. But despite the rhetoric about women's rights and the bill's more egalitarian potential, it precipitated no domestic revolution. The courts, in turn, ignored the legislation's more liberal provisions and interpreted it solely as a protective measure. Notwithstanding their different views on gender relations and marital property reform, legislators and judges shared common beliefs about the importance of family life. Consequently, the law defended women's legal rights as family members more than as individuals. Overall, the bill represented a compromise. Although it was meant to alleviate some of a wife's legal disabilities so that she could participate more freely in the economic life of the community, it was also grounded in the Victorian paternalism of the legislators who enacted it and the judges who enforced it. As a result, despite the challenge presented by the provisions of the Married Women's Property Act, the doctrine of marital unity proved remarkably resilient. / Arts, Faculty of / History, Department of / Graduate

Prisoners rights has become an issue of ever increasing visibility since the middle of the last century. Concern for the rights of those incarcerated within our prisons has intensified with the rise of civil liberties in both Canada and England. Both countries have introduced measures which purport to guarantee fundamental rights and freedoms to their citizens, measures which it would be reasonable to assume, would further the advance of prisoners rights. And yet, progress remains decidedly sluggish. This thesis traces the evolution of rights philosophy, then considers the parallel developments of prisoners rights, penal philosophy and civil liberties and seeks to explain why the potential for advancement has not been fully realized. Prisoners are incarcerated having been found guilty of the most grave of criminal offences and as a consequence, it is perhaps a basic instinct which determines that retribution, and only retribution is warranted in such circumstances. In the age of human rights however, there is the wider picture to consider. This is an age where compassion, mercy and benevolence are to triumph over barbarism, destruction and senseless harm. The conflict between these competing perspectives cannot be dealt with merely by enacting legislation which compels the judiciary to consider claims in a different light, and can only be resolved through a revolution beginning with definitive stance in judicial treatment of prisoner right claims which embraces the philosophy of international human rights provisions. In order to be effective, this must be assisted by bringing about changes within the prison system itself which empower the prisoner and seek to eliminate the feelings of embitterment and resentment which commonly prevail amongst prisoners. The introduction of such measures will only be acceptable if society itself recognizes that imprisonment is transitory and that those who we incarcerate within the walls of our prison, will soon be among us. / Law, Peter A. Allard School of / Graduate

My thesis is that Indigenous peoples, as distinct people, are entitled to the full affirmation and explicit recognition of the right to self-determination in the context of the draft U N Declaration on the Rights of Indigenous Peoples and in international law generally. The international community, and in particular, the nation-state members of the United Nations must uphold their legally binding international obligations in this regard. My methodology has been to utilize the human rights framework and approach, as well as rights discourse to advance this thesis. In addition, I am relying upon my direct participation in this important standard setting process, as well as the writings of various publicists. The right of peoples to self-determination is considered by numerous international authorities to be jus cogens or a peremptory norm. Similarly, the prohibition of racial discrimination is considered by numerous authorities to be a peremptory norm. Throughout the draft Declaration debate, a number of states have proposed wording that would dramatically alter the scope and content of the right to selfdetermination, thereby limiting, qualifying or modifying this right in the context of indigenous peoples. Any state proposals to qualify, limit or modify the right of indigenous peoples to self-determination would be racially discriminatory. If Article 3 of the draft Declaration were to be altered - even to include the same or similar notions as might currently exist under international law - it would invite interpretations to be applied to indigenous peoples' right to self-determination that are different from those of other peoples. It might also have the effect of wrongfully freezing the interpretation of this indigenous human right, in such a manner as to prevent or otherwise stifle its natural evolution under international law. If there is no equality of application of the rule of law in the context of international law and states succeed in introducing discriminatory double standards in connection to indigenous peoples and their fundamental right to self-determination, then the failure of the human rights framework, the United Nations system and nation-states themselves will seriously erode the very concepts of democracy, human rights and the rule of law. / Law, Peter A. Allard School of / Graduate

In this thesis I explore the implications of the extension of 'spousal' status to samesex couples from the perspective of queer people who experience intersectional or complex oppression. This study is grounded in a rejection of the necessity or efficacy of attempting to understanding the oppressions facing queer people from only one perspective. I reject the notion that such a simplistic approach to understanding oppression is conceptually honest. Put simply, I argue that what is often characterised as a purely 'gay and lesbian' approach to reform—namely, the consideration of only oppression related to 'sexual orientation' or 'heterosexism'—is in reality the prioritisation of the limited perspective of those who only experience systemic disadvantage related to their race. These people are a small minority of queer people. Unlike many other academics and activists, I do not conclude with a 'yes' or 'no' response to the question of whether same-sex spousal status should be sought. The analysis presented in this thesis does not permit such a final conclusion for three reasons. First, I argue that the implications of the extension of spousal status vary depending on the institutional context; in other words, the extension of spousal status is very different in the context of social assistance law as compared to the provision of employment-related benefits. Secondly, I argue that the extension of spousal status also varies among queer people; for example, the implications of the extension of spousal status to poor queers are vastly different from those who are wealthy. Thirdly, I argue that the decision to support the extension of spousal status to same-sex couples is inherently political; this decision cannot be immunised from political challenge on the basis that it is derived from some allegedly objective legal or socio-scientific calculus. Although I have endeavoured adopt a inter-disciplinary approach, this thesis does focus on legal rights discourse. To my mind, this focus is appropriate given the emphasis on 'rights talk' and the assumed benefits of formal equality within the community of academics and activists working on queer issues. In various parts of this thesis, I focus on the approaches of activists, academics, judges and legislators to the issue of the rights of queer people and the nature of equality. Ultimately, I conclude that until we begin to appreciate the complexity of the oppressions facing queer people, and avoid the false prioritisation of a 'purely gay and lesbian oppression' perspective, we will be unable to work in coalition or to effect progressive social change. / Law, Peter A. Allard School of / Graduate

The United States Bill of Rights guarantees American citizens’ personal freedom and at the same time places limitations on the actions of the various levels of government. Questions arise in regards to the age at which citizens are guaranteed rights and freedoms under the Bill of Rights. The young American citizen, in a public school, has not always enjoyed the exercise of the rights of American citizenship. This paper examines the current status of the rights of public high school students, specifically in the State of Oregon. First to determine just which rights do apply in Oregon High Schools, court decisions, primarily from federal courts, were examined in order to extract the current judicial definitions of civil rights and liberties. As a result of this research, it was found that high school students are guaranteed the First Amendment rights of free expression and the Fourteenth Amendment privileges of due process or fair procedures in civil actions involving the school administration. The Fourth Amendment has been the basis of numerous cases dealing with locker searches and seizures, but the courts have held that the guarantees of the Fourth Amendment do not apply in light of the special circumstances of the school environment. Secondly, the status of the these student rights in the Oregon public school systems was examined by studying the state guidelines for student conduct codes and individual district codes from the 1971-72 and 1972-73 school years. It was concluded that as of 1972-73, most of Oregon’s high school students are guaranteed the rights that have been judicially defined as applying to high school students; this guarantee, at the local school district level, came about as a result of new Oregon Revised Statutes and new Oregon Board of Education policy. Third, the attitudes of high school students and principals towards student rights were polled and tallied. The results show that though both groups are not aware of all current judicial definitions, the students are more in accord with the courts decisions and current legal interpretations than are the principals. As a result, it is concluded that young Oregonians in public high schools are guaranteed rights under the United States Constitution; and with the advent of detailed rights and responsibilities codes in the local school districts, students are now allowed to exercise their rights in most Oregon high schools. The majority of students are aware of their rights, thus providing a situation in which students can function socially and politically as much as they would if they were out of high school.

No description available.

<p>The protection of the rights of sexual minorities in Africa is a controversial issue. It is not unusual to find newspaper reports on gross violations suffered by this minority group. Gays and lesbians are victims of violence, sometimes resulting in death. Sexual minorities in Africa are often confronted with government actions such as those of the Nigerian government that recently submitted to the parliament a Bill to make provisions for the prohibition of relationships between persons of the same sex, celebration of marriage, registration of gay clubs and societies and publicity of same sex relationships. The objective of this study was to suggest possible legal protection and recognition of sexual minority rights under the African human rights system.</p>

Not available / text

<p>The protection of the rights of sexual minorities in Africa is a controversial issue. It is not unusual to find newspaper reports on gross violations suffered by this minority group. Gays and lesbians are victims of violence, sometimes resulting in death. Sexual minorities in Africa are often confronted with government actions such as those of the Nigerian government that recently submitted to the parliament a Bill to make provisions for the prohibition of relationships between persons of the same sex, celebration of marriage, registration of gay clubs and societies and publicity of same sex relationships. The objective of this study was to suggest possible legal protection and recognition of sexual minority rights under the African human rights system.</p>