The Constitution of South Africa outlines the way in which the country should be run and lays down different levels of government and their powers. Most importantly it sets out a list of human rights in the Bill of Rights. These rights belong equally to all individuals. Stigmatization and discrimination of people on the basis of their HIV status is a violation of their basic human rights. In South Africa a person can have his or her rights upheld in court if they are violated or threatened by an individual or institution (whether the state, private company or any other organization). Enforcing the rights of people living with HIV/AIDS and/or their families, as well as countering and redressing discriminatory action, is a matter of accessing existing procedural, institutional or other resources that comprise the societal gains of democracy. However, the biggest challenge currently has to do with ordinary people's lack of awareness about their rights, and this pertains particularly to those millions of South Africans living with HIV/AIDS. This study sets out to examine the knowledge levels of para-legals currently advocating for the rights of people living with HIV/AIDS and/or their families in KwaZulu Natal. With an infection rate estimated to be in the region of 36% of the adult population, it is essential that providers of legal advise and advocacy in this province have sound grasp of HIV/AIDS issues. It should be noted that this study attempts to move beyond a documentation of knowledge by exploring what such para-legals perceive their actual needs for more effective management of HIV/AIDS to be. The study seeks to make recommendations towards a better and more relevant training of para-legals, one that is needs-driven and more attuned to the context and lived realities of the people whom they seek to serve. / Thesis (M.Dev.Studies)-University of Natal, Durban, 2004.

Gender reassignment procedures are performed for the treatment of the gender dysphoria syndrome (transsexualism). Although this modality of treatment is therapeutic in nature and therefore not contra bonos mores, the legal status of the post-operative transsexual remains that of his/her previous sex. The purpose of the gender reassignment procedures is that of acceptance within the community as a person of the sex indicated by his/her changed appearance. Nothing will be achieved by the successful completion of treatment if the person's changed sexual appearance is not recognised by the law as a change in sexual status as well. The law, by keeping aloof of the problem of the post-operative transsexual, has created a legal "vacuum" where there is social and judicial acceptance of reassignment procedures, but a refusal to give legal effect to the change in status that the transsexual obsessively desires and the operation simulates. This work will analyse the medical issues associated with gender reassignment procedures. The legal status of the transsexual after reassignment procedures will be explored, and in doing so, the human rights violations with which such people have to contend, will be highlighted. The constitutionality of the lack of a legal recognition of the post-operative transsexual's sexual status will be examined. It will be shown that there are compelling reasons for legislation to be introduced as a matter of urgency to safeguard the fundamental rights of the post-operative transsexual. / Thesis (LL.M.)-University of Natal, 2000.

This study was conducted using a qualitative descriptive approach. It was based on an analysis that was done to determine awareness and attitude of patients in end of life issues. The semi-structured interviews were conducted for data collection. A sample of ten patients, five inpatient and five outpatient, was purposively chosen. Permission was obtained from the hospital superintendent and heads of departments, and also consent from patients, for the study. Data was analyzed, using the NVIVO program, a computer software, for data coding, and a conceptual model for categorization. From the findings, the researcher concluded that poor communication causes lack of knowledge in patients, which in turn limits the capacity for decision making in patients. The researcher also noted that participants were not aware of their autonomy in decision-making. / Thesis (M.Cur.)-University of Natal, Durban, 2002.

The basic research question this thesis addresses is how the secondary status of Bangladeshi women is reinforced through household labour. It is argued that gender relations and housework shape each other. To develop this, it examines the degree of participation of women in different areas of housework and family decisions. The thesis further explores whether the autonomy of women coming from the traditional Bangladeshi family set-up has increased as a result of their immigration to Canada and their exposure to Canadian family values. This is done by a comparison of the family experiences of Canadian and Bangladeshi women. Finally, it is suggested that age, position in the family and length of immigration are the indices of the autonomy of Bangladeshi women in Canada.

This research aimed to undertake an investigation into the question of whether after divorce, in the matrilineal customary law marriage in Malawi, women's rights are severely violated. The study showed causes of divorce, how proceedings are done, how issues of property are handled, how the issue of custody of children and maintenance are also handled. All this was weighed against the constitutional provisions and international law.

The thesis focused on how the advent of children's rights, in particular the Convention on the Rights of the Child (CRC), has impacted on the subject of juvenile justice and embarked on a practical examination of law reform in this regard in an African context. The focus was placed on a number of African countries that have embarked on or completed child law reform in the aftermath of ratification of the CRC. The case studies in this thesis were Ghana (1998-2003), Kenya (1993-2001), Namibia (1994 to date), Lesotho (2003 to date), South Africa (1997 to date) and Uganda (1992-1996).

<p>This thesis discussed the subjects of bioprospecting and the protection of traditional knowledge. At first the international approach to the subjects was elaborately discussed. The focus was on the respective provisions of the United Nations Convention on Biological Diversity and the related Bonn Guidelines, stressing the matter of access to genetic resources and the fair and equitable sharing of benefits arising from their utilization. Enclosed in this discussion was the examination of different legislatory approaches to tackle the subject with an emphasis on national intellectual property rights laws and the role and potential merit of national registers of and databases for specific traditional knowledge. The way national legislators have implemented the concerned obligations of the convention, and their peculiarities as for example the restriction of scope of law to indigenous biological resources, was exemplified with the respective Bolivian, South African as well as Indian laws.</p>

<p>It is within the context of the persistent feminisation of the HIV and AIDS pandemic that this study, based on the normative provisions of the African Women's Protocol, focused on gender, sex and sexuality in the context of HIV and AIDS. The regime of the African Women's Protocol embodies a framework that can be utilised to combat HIV/AIDS amongst women in Africa by addressing some of the most important issues that need to be tackled if women are to live through this epidemic.</p>

No description available.

This thesis makes a unique contribution in exploring the relationship between international legal commitments and women's poverty. Three normative arguments underpin this thesis. First, that poverty is a gender-based phenomenon. Second, that gender-based poverty is a obstacle to human rights. Third, if the promise of human rights is to be realised for all people it is necessary to move gender-based poverty into the realm of international human rights law. The ideal place to theorise on the relationship between human rights and gender-based poverty is CEDAW. Notwithstanding that CEDAW addresses civil, political, economic, social and cultural rights and negative cultural attitudes on women, there is no substantive provision in CEDAW requiring State to ameliorate gender-based poverty. The first part of my thesis argues that this gap can be overcome by an evolutionary interpretation of CEDAW. I make the argument, that equality and non-discrimination, two norms that permeate all of CEDAW, can be interpreted to incorporate the harms of gender-based poverty comprehensively into the treaty framework. I use public international law interpretative framework and the Committee's own work to demonstrate that the commitment to eliminating discrimination against women and achieving gender equality in CEDAW necessarily requires State to respect, protect and fulfill the human rights of women in poverty. The second part of thesis shifts to examine how this interpretation can be integrated into the work of the Committee. To ensure a coherent and comprehensive approach to gender-based poverty that is consistent with my proposed interpretation of CEDAW in I propose: (i) modifications to the State reporting guidelines and (ii) a comprehensive General Recommendation on women and poverty. This thesis lays the necessary theoretical and practical groundwork so that the Committee and other relevant national and international actors can hold States accountable for women in poverty's human rights.