Acompanha: A diferença está no saber agir: conheça!: educação inclusiva: dos documentos legais à realidade escolar / Este trabalho toma como objeto de pesquisa o tema da educação inclusiva. A questão que ensejou a pesquisa foi: de que modo a “voz” da pessoa com deficiência pode revelar a importância da construção de um espaço inclusivo e contribuir para a sua humanização? Seu corpus é composto de 30 entrevistas semiestruturadas feitas com um grupo de pessoas com deficiência nas áreas auditiva, visual, física e intelectual, residentes em cidades da região Norte do Estado do Paraná. Com base nas respostas, observa-se o que pensam os entrevistados sobre o ciclo da invisibilidade. A análise leva em consideração as categorias: educação, trabalho, autonomia e independência. Para dar resposta a essa pergunta, após a aplicação dos questionários e da tabulação dos dados, foi elaborado um produto educacional denominado: “A Diferença está no Saber Agir. Conheça! ”. O produto, uma espécie de livro virtual, foi publicado em site próprio para testagem na comunidade escolar. Esses dados também foram tabulados e compõem o resultado final desta pesquisa. O estudo tem por objetivo geral colaborar com a formação de professores, alunos e profissionais que atuam na escola pública no que diz respeito às suas atitudes - que podem conduzir à reflexão e à ação – frente a pessoas com deficiência, no espaço escolar e no convívio social por meio do mencionado produto educacional. Para elaborar o trabalho, foram executadas pesquisas do tipo bibliográfica, analítica, interpretativa e de campo, com o uso da metodologia da pesquisa-ação, cujo eixo é a participação da comunidade pesquisada na própria pesquisa, assim ela propõe a transformação das práticas por meio da observação e posterior ação. O ponto de partida teórico são as concepções da Política Nacional de Educação Especial na Perspectiva da Educação Inclusiva (BRASIL, 2008), a Convenção Internacional sobre os Direitos das Pessoas com Deficiência (BRASIL, 2009) e o Parecer CNE/CP Nº8/2012 - Diretrizes Nacionais para a Educação em Direitos Humanos (BRASIL, 2012). Obtiveram-se resultados importantes para a instrumentalização da escola e da comunidade, visando dar subsídios para a construção de novas lógicas de ensino inclusivo e para a partilha de novos conhecimentos, permeados pelas dificuldades, frustrações, anseios e receios do grupo investigado. Que novos avanços e transformações possam gerar uma inclusão escolar e social gradativa e real. / This work has the inclusive education issue as a research subject. The issue which gave rise to the research was: how can the "opinion" of a person with disability reveal the importance of creating an inclusive space and contributing to humanization? Its corpus consists of 30 semi-structured interviews with a group of people with disabilities in auditory, visual, physical and intellectual areas, living in cities in the Northern Paraná State. Based on the responses, what the interviewees think about the invisibility cycle can be observed. The analysis takes into account the categories: education, work, autonomy and independence. In order to answer this question, after the questionnaires and data tabulation were performed, an educational product was prepared and it was called "The difference is in Knowing How to Act. Learn". The product, a kind of virtual book, was published on an own website for testing in the school community. These data were also tabulated and make up the final result of this research. The study has as a general objective to contribute to the education of teachers, students and professionals who work in public schools with regard to their attitudes - which can lead to reflection and action - when treating with people with disabilities in the school environment and in their social relations by means of the educational product. In order to prepare this work, bibliographical, analytical, interpretative and field researches were performed, with the use of action research methodology, whose axis is the participation of the community in the research itself; thus, this community proposes the transformation of practices through observation and further action. The theoretical starting point is the conception of the National Policy on Special Education in the Perspective of Inclusive Education (BRAZIL, 2008), the International Convention on the Rights of Persons with Disabilities (BRAZIL, 2009) and the legal opinion CNE / CP No. 8/2012 - National Guidelines for Education in Human rights (BRAZIL, 2012). Important results for theinstrumentalization of schools and community are obtained, aiming to provide subsidies for the creation of new logics regarding inclusive education and sharing new knowledge, permeated by difficulties, frustrations, anxieties and fears of the group investigated. Also, aiming that new developments and transformations generate a gradual and real educational and social inclusion.

M.Sc. (Psychology) / Increasing attention has over the past decade been directed at sexual abuse in the form of media exposure and the formation of specialised units for the protection of children's rights. In this manner the South African Police Service have, since the first Child Protection Unit was formed in 1986, established units country wide in an attempt to erradicate this phenomenon. An overwiew of the literature makes it apparent that there are lots of conflicting opinions pertaining to sexual molestation. Not only do researchers differ in their definitions of sexual molestation but also on the incidence, typology and ethiology thereof. Flowing from the diverse and far reaching consequences suffered by the victim coupled to the accompanied legal and ethical aspects, child molestation presents as an extremely complex phenomenon to fully address. The Child Protection Unit of the South African Police Service thus appears to be the most appropriate place for the handling of child molestation because of the law inforcement context thereof. The goal of the study was thus to identify the needs of this unit in an effort to help the unit achieve the highest possible standards of effectiveness. To realise this study a phenomenological investigative method was used in the form of a need assessment questionnaire which was sent to the Johannesburg and Pretoria units. Data was collected in the form of completed questionnaires and was evaluated and interpreted in a qualitative manner. Needs determined, amongst others, were for more extensive training in specialised areas as well as a need for the direct involvement of a social worker and a psychologist at the Child Protection Unit. The above mentioned needs in conjunction with other identified needs and criticism voiced by the respondents, formed the basis for the recommendations proposed at the end of this thesis.

M.Ed. (Education Management) / Please refer to full text to view abstract

Before the 1981 enactment of the Term Contract Nonrenewal Act in Texas, term contract teachers were entitled to a hearing only when the employment contract was terminated during the contract period or when the cause for nonrenewal was made public and had a stigmatizing effect on the reputational rights of the teacher. This new act has the effect of bridging the gap between what has been legal and what many would consider to be fundamentally fair in employment practices. The immediate impact of this law has left educators with the need to investigate the adequacy of the procedure used by the Texas Education Agency in implementing the hearings and appeals process regarding nonrenewal of term contracts. This, then, is the problem of this study.

LL.D. / This study aims to investigate the different ways in which the position of people with disabilities can be addressed. Antidiscrimination legislation can play a very important role. Efforts to create equal opportunities must, however, not be limited to legislative initiatives and policy declarations. There is an urgent need for education and training of this minority group. 7 Systematic efforts to heighten public awareness of civil rights and in particular the recognition of the rights of the disabled community are imperative. This study aims to bring home the truth that "disability rights are an idea and ideal whose time has come. ,, When addressing the issue of disability discrimination (or for that matter any kind of discrimination) several principles need to be addressed, the most important being the following: The meaning of the concept of "equality" needs to be established. The fact that all people are equal, does not necessarily mean that all people must be treated the same. When speaking about disability discrimination one must know who forms part of the protected class. For that reason the first issue that must be addressed is the definition of "disability": This leads to the next question, namely which individuals should be protected by anti-discrimination laws and should they benefit from affirmative action measures? What is meant by the term "discrimination"? Is it at all permissible to distinguish between groups of people and, if so, when and which standards are to be applied? What role can anti-discrimination legislation fulfil in the struggle for equality? When dealing with anti-discrimination legislation, what is required in order to prove discrimination and what remedies must be available to an aggrieved party? Normally, in case of criminal action proof is required beyond reasonable doubt and in case of civil action on the balance of probabilities. 10 Civil action offers more effective remedies, but should it be punitive in nature (by awarding damages to the aggrieved party) or non-punitive (by putting the aggrieved party in his/her "rightful place")? What sort of enforcement mechanism is needed? Is it a task for the ordinary tribunals or rather a special body created for that purpose? What defences should be available to an employer accused of discriminatory practices? Who should benefit from enforcement? Only the individual victim or all members of that group? Is anti-discrimination legislation sufficient or is something in addition called for? If positive measures are required, what form must these measures take? This study will address these questions specifically with relation to people with disabilities.The "equality principle" will first be studied. Thereafter the concept of "disability" will be defined. There is a movement away from a medical model of disability towards a social model that takes account of the disabling effects of attitudes and structural barriers on the position of disabled people. Then the concept of "discrimination" will be addressed. Discrimination has many different forms and can take place in different contexts In the following chapter possible solutions to the problem of disability discrimination will be raised. Thereafter follows an important comparative analysis of different jurisdictions on international, supra-national and national level. Different jurisdictions have reached different stages in addressing this problem. The factual analysis of each jurisdiction will include the existence of any anti-discrimination legislative measures, the scope of the protected class, applicable employment provisions, defences available to employers, and the success achieved in addressing the problem. The contentious issue of affirmative action measures will also be addressed. By drawing inferences from the comparative study, suggestions will be made for future developments in South Africa. The conclusion is reached that it is imperative for South Africa to draft disability anti-discrimination legislation that takes account of the needs of this minority group. Legislative initiatives, however, are not enough and must be supported by various programmes aimed at the disabled themselves and the community that they live in. Only then can human rights become a reality also for people with disabilities.

Magister Legum - LLM / In this research, I sought to investigate the extent to which South Africa recognises international surrogacy agreements. I examined Chapter 19 of the Children's Act as the first legislation to afford surrogate motherhood agreements legal recognition in South Africa. Section 292(1)(b)-(e) of the Children's Act sets out the requirements for the validity of a surrogate agreement. The validity of the agreement is governed by South African law if it was concluded in South Africa, and at least one of the commissioning parents and the surrogate mother and her husband or partner must be domiciled in South Africa at the time of entering into the agreement. I explored South African legislation that may be applicable to the children born of commissioning parents (whether the commissioning parents are South Africans or foreign nationals) who entered into international surrogacy agreements. I concluded that the main issue that relates to international surrogacy are the implications that rise from registering a surrogate born child’s birth in South Africa and in other countries. I further concluded that the current position of South African law will result in a surrogate born child being left stateless and parentless. I considered the criminal aspect of international surrogacy agreements as a consequence of a null and void international surrogacy agreement. Furthermore, I referred to the legal difficulties of international surrogacy and potential rights infringed on or denied to the child born of an international surrogacy by examining international case law. I concluded that South African courts do not have precedents, guidelines or legislation governing international surrogacy agreements and thus it is important to examine international case law. I further concluded that, it is important for South African authorities and courts to consider the possibility of international surrogacy occurring in South Africa. I hope that the South African courts take a child-centered approach, building on the views established in the international case law, and that courts do not adopt a strict interpretation of our current laws. Lastly, I suggested recommendations for the appropriate manner in which to legislate international surrogacy agreements in South Africa. I submitted that judicial and administrative authorities could inspect the international surrogacy agreement and ensure that the terms do not harm the child and that the child is recognised as the legal child of the commissioning parents. The courts should first look at the suitability of the commissioning parents and finally consider the best interest of the child as being of paramount importance, before ordering the international surrogacy agreement null and void. I further suggested that a statutory regulation that contemplates international surrogacy should be formulated, as a source of reference, which will assist a court when faced with determining the issue of the parentage of a surrogate born child, and consequently, his or her nationality. I concluded that the South African Parliament should either re-draft or provide clearer guidelines regarding surrogacy and the possibility of international surrogacy agreements.

Feminist theories emerged out of the revolutionary enthusiasm that swept the Western world during the late eighteenth and nineteenth century Europe. Based on the assumption that all persons have "inalienable or natural" rights upon which governments may not intrude, feminists in Europe and America advocated that equal rights should be extended to women who up to this point were not considered legal beings separate and deserving of these rights. Most African writers and feminists have argued that since most of the theories of feminist jurisprudence have their roots in this Euro-centric context, they cannot be applicable to African women and should therefore be discarded. The thesis acknowledges that to a certain extent their assertions are true. For years feminist jurisprudence has been restricted to an academic engagement with the law failing to take into account the practices and customs of different communities. It has largely been the realm of the middle class bourgeois white female and therefore has been inaccessible to the African woman. The thesis aims, however, to prove that these theories of feminist jurisprudence although Euro-centric have a place in the understanding and advancement of African women's rights in South Africa. In Chapter One the writer traces the history of South African women's rights and the laws that affect African women. Chapter Two presents the emergence of feminist theories and categories of feminism. The writer then seeks to identify the misunderstandings and tensions that exist between the two. The narrow conception of Euro-centric feminism has been that its sole purpose has been the eradication of gender discrimination, however, for African women in South Africa they have had to deal with a multiplicity of oppressions that include but are not restricted to gender, race, economic and social disempowerment. This is dealt with in Chapter Three. It is the opinion of the writer that despite these differences feminism does play a critical role in the advancement of women's rights in South Africa. Taking the South African governments commitment to the advancement of universal rights, the writer is of the opinion that African women can look to the example set by Western feminists, and broaden these theories to suit and be adaptable to the South African context. The answer is not to totally discard feminist theories but to extract commonalities that exist between African and European women, by so doing acknowledging that women's oppression is a global phenomenon. This is the focus of Chapter Four. To avoid making this work a mere academic endeavour, the writer in Chapter Five also aims, through interviews, to include the voices of African women and to indicate areas that still need attention from both the lawmakers and women's rights movements (Feminists). Finally, the writer aims to present a way forward, one that is not merely formal but also substantively attainable.

The United States of America has in its custody several hundred Taliban and Al Qaeda combatants who were captured after the September 11, 2001 attack and during the war in Afghanistan. These prisoners are incarcerated at the Guantanamo naval base in Cuba. The treatment given to these detainees has elicited widespread criticism, as well as unprecedented intellectual and legal debates regarding prisoners of war. In order to fully understand the position of the Guantanamo Bay detainees, one has to be aware of the origins of the prisoner-of-war phenomenon. From biblical times, through the countless conflicts that were waged across the globe through the ages, the concept of “prisoner of war” gradually evolved. Growing concern for the plight of prisoners of war was paralleled by the development of the laws of war, which sought to regulate the conduct of combatants during an armed conflict. The laws of war that have bearing on modern day States are those documented in the Geneva Conventions. The Geneva Conventions regulate armed conflicts and set out the requirements for prisoners of war, as well as their trial rights. The United States, in declaring the Guantanamo Bay detainees “unlawful combatants” or “illegal enemy combatants”, terms which are undefined in International Law, have sought to evade the prescripts of the Geneva Conventions. In direct contravention of the Geneva Conventions, the Guantanamo Bay detainees are denied the right to humane treatment, a fair trial and due process of the law. Prior to Hamdan vs Rumsfeld, the United States’ position was challenged with very little success. The Supreme Court, in Hamdan vs Rumsfeld, directed the president to accord the detainees the protections of the Third Geneva Convention. The relief brought by this decision was very short lived. In September 2006 the United States Congress passed the Military Commissions Act of 2006. This Bill gives the president of the United States unfettered power in dealing with anyone suspected of being a threat to the State, as well as the authorisation to interpret and apply the Geneva Conventions according to his sole discretion.

The Human Immunodeficiency Virus (HIV)1 and the Acquired Immunodeficiency Syndrome (AIDS)2 have become a global epidemic. With an average of 35.3 million people infected with the virus worldwide, countries are desperate to curb HIV infections.3 Most HIV positive men, women and children are found in Sub-Saharan Africa.4 In an attempt to fight HIV/AIDS, some countries have opted for an approach of criminalization, where it is a crime to infect or expose another person to the virus.5 Other countries, such as South Africa, have chosen to avoid the criminalization approach, and to focus rather on public health schemes that can assist in the prevention of transmission. The United Nations (UN) has stated that overly broad application of criminal law to HIV raises serious human rights and public health concerns.7 Because of these concerns, the Joint United Nations Programme on HIV/AIDS (UNAIDS) has urged states to limit application of criminal law to HIV-related cases.8 Furthermore, UNAIDS has urged states to rather employ scientifically proven methods to prevent HIV transmission. This treatise will set out the laws adopted by Canada, Zimbabwe, the United Kingdom, New Zealand and South Africa. Out of all five countries, South Africa is the only country that does not criminalize HIV transmission or exposure.10 In setting out the common law, statute law, case law as well as academic considerations, this treatise will attempt to identify trends in the current criminalization of HIV climate. In addition to setting out the law in the five countries, this treatise seeks to show that South Africa is one of the few countries with a developed legal system to shy away from criminalization. This treatise also seeks to establish whether South Africa’s approach is a suitable option for the country, considering it boasts the highest HIV infection rate in the world.

The study aimed to explore and describe the forced migration experiences of Somali refugees living in Port Elizabeth, South Africa and the impact of refugee-specific trauma on this population. A mixed method triangulation research design with a quantitative weighting was employed and purposive snowball, non-probability sampling was used to construct a sample of 30 adult Somali refugees from Port Elizabeth’s Korsten community. Participants were included in the study if they fulfilled the pre-defined inclusion criteria of having successfully applied for refugee status, having resided in South Africa for at least six months and being 18 years or older. A semi-structured interview questionnaire was developed by the researcher to operationalise the constructs being measured. The questionnaire comprised a biographical and antecedent event(s) questionnaires as well as sections of the Harvard Trauma Questionnaire Revised Version. Data was then analysed via exploratory descriptive statistics and correlation coefficients. The research found that the majority of Somali refugees cited conflict, insecurity and instability as the mainn reasons for leaving their country of origin, suggesting the basic need for safety and security was unmet. One third of the sample reported that the main reason for leaving was the same as their most traumatic life event. The average participant had experienced 16 traumatic events and experienced 23 trauma symptoms on average, demonstrating high levels of trauma among the study population. The study recommends that the link between the main reason for forced migration and refugee trauma be explored.