Albinism is an inherited condition affecting at least 1 in 4000 people in Africa. It is thought to be more common among black Africans although it affects the entire human populations. In most African societies, albinism is regarded to be a disability and the social attitudes against albinos are characterised by lack of understanding, fear, and also of prejudice based on the appearance of albinism. There are various myths surrounding albinos such as that they are born as a punishment, that it is a curse to give birth to albinos and that albinos are immortal and that they are in fact spirits. This causes them to be seen as outcasts in society. Albinism is an inherited, congenital condition resulting in reduced synthesis of melanin pigment in the hair, skin and eyes. It leads to a host of lifelong physical health problems, in particular visual impairment and ultraviolet induced skin damage. In Africa such problems are exacerbated by exposure to harsh sunlight and reduced access to adequate health care, especially in rural areas. / Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2011. / http://www.chr.up.ac.za/ / nf2012 / Centre for Human Rights / LLM

The debate stirred by the recent appointment of a chief justice and deputy chief justice under the judicial reform process envisaged in Kenya‟s new Constitution has, once again, brought to the fore the attitude surrounding sexual minorities. A section of religious organisations and citizens rejected the nominees because they perceived the duo to either belong to or to support sexual minority groups. The hostility and antipathy directed at the two is not new. In recent times, the clergy and state officials have been quoted calling for the arrest of gays. It is common for perceived homosexuals and lesbians to be harassed because of their sexual orientation. Support for the rights and welfare of this group draws quick condemnation. In October 2010, a minister who stated that there should be HIV/AIDS mitigation programmes for lesbians and gays was sharply criticised by religious leaders who termed her remarks „satanic‟ and „contrary to African culture‟, and called for her dismissal. / Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2011. / http://www.chr.up.ac.za/ / nf2012 / Centre for Human Rights / LLM

No description available.

No description available.

This study examines the various ways that Central American migrants traversing Mexico’s southern border interpret, negotiate, and resist conditions of immobilization imposed by state refugee policy and other institutional impediments to northbound movement. My findings are informed by 12 months of ethnographic fieldwork in Tapachula, Chiapas, followed by an additional six, non-consecutive weeks in various sites of transit across Mexico as a Human Rights Observer in the migrant caravans of 2017 and 2018. Since 2011, as a result of increasing rates of violence, flows of Central American women, youth, and families across Mexico’s southern border have risen substantially. In efforts to curb northbound movement, the US has exerted significant pressure for the Mexican government to assume a greater role in the retention, organization, and deterrence of prospective refugee populations, resulting in the temporary resettlement along the southern border of thousands of migrants seeking international protection. Many of these migrants find themselves in a liminal space of legal and social uncertainty in which they must contend with a range of limitations and distinct possibilities as they consider their ongoing trajectories. Through close attention to the social worlds that emerge around and within migrants’ transit communities, I explore central themes related to the existentiality of im/mobility, gendered experiences of transit migration, the paradoxes of institutional practices of refugee protection within predominant transit zones, and diverse forms of resilience and coping that are given breadth through collective travel. Ultimately, I argue that it is critical to explore the narratives and lived realities of those most affected by migration-centered policy and discourse, and to recognize the critical role that migrants play in challenging and reimagining the terms of their in/exclusion.

No description available.

The purpose of this study was to examine provisions of the Constitution of West Virginia, enactments of the West Virginia Legislature, decisions of the West Virginia Supreme Court of Appeals, policies of the West Virginia Board of Education, opinions of the: Attorney General, and interpretations of the State Superintendent of Schools to ascertain the legal status of West Virginia public school personnel in the employment process, in liability cases arising from tort actions, and in other areas; where legal questions often arise. Federal Constitutional provisions, statutes, and court cases were also considered when of overriding importance or when West Virginia legal references were inadequate. Legal research of the process of employment of public school personnel focused on the following areas: nomination for employment, discrimination, substantive and procedural due process, certifieation, probationary and continuing contracts, assignment and, transfer, suspension and dismissal, resignations, employment term, and compensation. Tort cases were classified by the author as either traditional or constitutional torts. Traditional torts reviewed included strict liability, assault and/or battery, defamation, and negligence. Of particular concern were assault and battery cases related to corporal punishment, the use of qualified privilege as a defense in defamation cases, and negligence cases alleging abridgement of the duty of school personnel to provide proper supervision, proper instruction in performing dangerous activities, and proper maintenance of equipment. Tort actions arising from abridgement of a person's constitutional rights by state or governmental authorities were classified as constitutional torts. lt was found that successful plaintiffs have. been able to secure injunctive relief as well as damages. from school officials and boards of education, both now considered "persons" under Section 1983 of the Civil Rights Act of 1871. Other legal provisions studied in relationship to West Virginia public school personnel included the following: curriculum and instructional matters, academic freedom, assignment of duties, personal leave and leaves of absence, fringe benefits, retirement, grievances, employee organizations, and collective bargaining. / Ed. D.

The purpose of this study was to examine provisions of the Constitution of West Virginia, enactments of the West Virginia Legislature, decisions of the West Virginia Supreme Court of Appeals, policies of the West Virginia Board of Education, opinions of the Attorney General, and interpretations of the State Superintendent of Schools to ascertain the legal status of West Virginia public school personnel with respect to their employment rights. Federal Constitutional provisions, statutes, and court cases were also cited when of overriding importance or when West Virginia legal references were found to be inadequate. Legal research of the employment process and rights of public school employees focused on the following areas: nomination for employment, discrimination, substantive and procedural due process, certification, employee classifications, probationary and continuing contracts, assignment and transfer, suspension and dismissal, resignation, employment term, and compensation. Other legal provisions reviewed in relationship to West Virginia public school personnel included academic freedom, assignment of duties, personal leave, leaves of absence and other absences, workmen's compensation, unemployment compensation, insurance benefits, retirement, seniority, reductions in force, grievance procedures, employee organizations, and collective bargaining. / Ed. D.

"August 2006" / Thesis (PhD) -- Macquarie University, Division of Law, 2007. / Bibliography: p. 343-364. / Abstract -- Candidate's certification -- Acknowledgements -- Acronyms -- Chapter one -- Chapter two: Linking public participation to environmental decision making and natural resources management -- Chapter three: The right to public participation -- Chapter four: Implementing the right to public participation in environmental decision making : the participation of indigenous peoples in the conservation and management of protected areas -- Chapter five: The legal and policy regime for the participation of indigenous peoples in the conservation and management of protected areas in Australia -- Chapter six: The legal and policy regime for the participation of indigenous peoples in the conservation and management of protected areas in Uganda -- Chapter seven: Implementing public participation in environmental decision making in Australia and Uganda : a comparative analysis -- Chapter eight: The right to public participation in enviromental decision making and natural resources management : summary and conclusions -- Bibliography. / In recognition of the importance of public participation as a basis for good governance and democracy, Mr Kofi Annan, Secretary General to the United Nations, has noted that: "Good governance demands the consent and participation of the governed and the full participation and lasting involvement of all citizens in the future of their nation. The will of the people must be the basis of governmental authority. That is the foundation of democracy. That is the foundation of good governance Good governance will give every citizen, young or old, man or woman, a real and lasting stake in the future of his or her society". The above quotation encapsulates the essence of what this thesis has set out to do; to examine the concept of public participation and its application in environmental governance within the context of the participation of indigenous peoples in the conservation and management of protected areas in Australia and Uganda. The concept of public participation is of such intrinsic importance that it has emerged as one of the fundamental principles underpinning environmental governance and therefore forms the basis for this study. -- Environmental governance, as a concept that captures the ideal of public participation, is basically about decisions and the manner in which they are made. It is about who has 'a seat at the table' during deliberations and how the interests of affected communities and ecosystems are represented. It is also about how decision makers are held responsible for the integrity of the process and for the results of their decisions. It relates to business people, property owners, farmers and consumers. Environmental governance is also about the management of actions relating to the environment and sustainable development. It includes individual choices and actions like participating in public hearings or joining local watchdog groups or, as consumers, choosing to purchase environmentally friendly products. -- The basic principles behind good governance and good environmental decision making have been accepted for more than a decade. The 178 nations that attended the Rio Summit in 1992 all endorsed these nvironmental governance principles when they signed the Rio Declaration on Environment and Development (Rio Declaration) - a charter of 27 principles meant to guide the world community towards sustainable development. The international community re-emphasised the importance of these principles at the World Summit on Sustainable Development in 2002. -- The right to public participation in nvironmental decision making and natural resources management is one of the 27 principles endorsed by the nations of the world and is embodied in the provisions of Principle 10 of the Rio Declaration. / Environmental decisions occur in many contexts. They range from personal choices like whether to walk or drive to work, how much firewood to burn, or whether to have another child. They encompass the business decisions that communities or corporations make about where to locate their facilities, how much to emphasise eco-friendly product design and how much land to preserve. They include national laws enacted to conserve the environment, to regulate pollution, manage public land or regulate trade. They take into account international commitments made to regulate trade in endangered species or limit acid rain or C02 emissions. -- Environmental decisions also involve a wide range of actors: individuals; local, state and national governments; community and tribal authorities such as indigenous peoples; civic organisations; interested groups; labour unions; national and transactional corporations; scientists; and international bodies such as the United Nations, the European Union, and the World Trade Organisation. -- Each of the actors have different interests, different levels of authority and different information, making their actions complex and frequently putting their decisions at odds with each other and with ecological processes that sustain the natural systems we depend on. -- Accordingly, this thesis aims to examine participation in environmental decision making in a way that demonstrates these complexities and interdependencies. It will explore the theoretical and conceptual basis for public participation and how it is incorporated into international and domestic environmental and natural resources law and policy. -- It will examine public participation in the context of the legal and policy framework for the conservation and management of protected areas and will use case studies involving the participation of indigeneous peoples in Australia and Uganda to provide the basis for a comparative analysis. -- The thesis will also faces on a comparative analysis of the effectiveness and meaningfulness of the process for public participation in environmental decision making in Australia and Uganda. There is extensive literature on the purposes to which participation may be put; the stages in the project cycle at which it should be employed; the level and power with regard to the decision making process which should be afforded to the participants; the methods which may be appropriate under the different circumstances, as well as detailed descriptions of methods; approaches and forms or typologies of public participation; and the benefits and problems of such participation. / However, there is not much significant literature that examines and analyses the meaningfulness and effectiveness of the contextual processes of such participation. This is despite the widespread belief in the importance and value of public participation, particularly by local and indigenous communities, even in the face of disillusionment caused by deceit, manipulation and tokenism. Accordingly, the thesis will use case studies to demonstrate the meaningfulness and effectiveness or otherwise of public participation in environmental decision making in protected area management. -- Increasingly, the terminology of sustainable development is more appropriate to describe contemporary policy objectives in this area, with an emphasis on promoting local livelihood and poverty alleviation within the constraints of ecosystem management. However, the domestic legal frameworks, and institutional development, in Australia and Uganda tend to reflect earlier concepts of environmental and natural resources management (referred to as environmental management in this thesis). There are some significant differences between a North (developed) nation and a South (developing) nation, in terms of the emphasis on economic objectives, political stability, resources and legal and administrative capacity. The thesis intends to explore these differences for the comparative analysis and to draw on them to highlight the complexities and interdependencies of public participation by indigenous peoples in environmental decision making, natural resources and protected area management. / Mode of access: World Wide Web. / 377 p

Company directors, being human, may be tempted to promote their own interests rather than those of the companies on whose boards they serve. Directors are subject to a number of legal duties. A director has a fiduciary duty to act in good faith and in the best interests of the company. A number of other duties flow from this duty such as the duty to avoid a conflict of interests. The duty of a director not to appropriate a corporate opportunity belonging to the company of which he or she is a director, also flows from the duty to avoid a conflict of interests. The common-law duties of directors which have their origins in English law, have developed over a number of years. Because of the difficulty that directors had in establishing what their duties were, a number of jurisdictions embarked on a process of codifying or partially codifying these duties. South Africa, Australia and England are three countries that have promulgated legislation which has resulted in the codification or partial codification of directors’ duties. The purpose of the codification or partial codification of directors’ duties was firstly to clarify the duties of directors, and secondly to make the duties more accessible to those affected by them – the directors of companies. In South Africa the Companies Act 71 of 2008 has partially codified the duties of directors. Because directors’ duties have only been partially codified there is uncertainty regarding their scope. This dissertation will focus on the possible effect of the 2008 Companies Act on the duty of a director not to take a corporate opportunity falling to the company. In this dissertation I address two issues involving the effect of the 2008 Companies Act on the duty of a director not to appropriate a corporate opportunity belonging to the company. Firstly, I consider whether the partially codified directors’ duties are wide enough to cover issues involving the appropriation of corporate opportunities. Secondly, I consider the appropriate common-law test or tests to be applied in determining whether, in the specific circumstances, an opportunity should be classified as a corporate opportunity. In considering whether the partially codified duties of directors are wide enough to include the corporate-opportunity rule, I compare the approach to corporate opportunities and the corporate-opportunity rule in South Africa, Australia and England. / Mercantile Law / LL.M. (Corporation Law)