Doctor Legum - LLD / The thesis draws on the author's own contribution to a co-authored text Wolhuter, et al, 2009), which was aimed at introducing students to the legal landscape pertaining to victims' rights in England and Wales. All the arguments presented and issues addressed in this contribution constitute the author's own work, and were developed without any form of collaboration with the co-authors. While the thesis incorporates the basic issues that arose for consideration in the author's contribution to this text, it goes beyond this contribution to develop a systematic framework for the recognition of enforceable victims' rights flowing from the overarching rules of EU law. The thesis explores the extent to which the entrenchment in English law of enforceable rights for victims of crime in general, and socially unequal victims in particular, will reduce secondary victimisation at the hands of criminal justice agencies. The absence of such rights in English law constitutes a significant lacuna in the state’s responses to victims, particularly in light of the recent recognition of enforceable victims’ rights in EU law. The thesis accordingly seeks to contribute to the generation of a victims' rights discourse in the UK, with the aim of encouraging the introduction of enforceable rights for victims. To this end, it engages in a comparative analysis of victims' rights in EU law, European human rights law and American law. It contends that the United Kingdom ought to agree to be bound by the Draft Directive of the European Parliament and of the Council establishing minimum standards on the rights, support and protection of victims of crime (2011, the "Victims' Directive"), which will render the victims' rights enshrined therein directly enforceable in national courts. In addition, it considers each of the rights in the Framework Decision on the standing of victims in criminal proceedings (2001/220/JHA), and its prospective successor, the Victims' Directive, including the rights to information, respect and recognition, protection, participation and compensation, pointing to ways in which these rights may be given full effect in English law. In particular, the thesis advocates the recognition of active victim participation to empower victims in the pre-trial and trial processes. It maintains that the models of active victim participation in German and Swedish law, namely auxiliary prosecution and victims’ lawyers, reduce secondary victimisation, particularly for vulnerable victims of serious offences, and ought to be introduced in English law. The thesis also evaluates the position of socially unequal victims, namely women victims of gender-based violence, minority ethnic victims of racially and religiously motivated crime, lesbian, gay, bisexual and transgender ("LGBT") victims of homophobic and transphobic crime, and victims of elder abuse. It locates these victims within the framework of international and European human rights law, and recommends reforms to English law that would facilitate and enhance their exercise of the victims' rights that it advocates. The thesis concludes by delineating the contours of a victims' rights' model, which encompasses the recognition of victims' rights as enforceable human rights, the correlation of these rights with the right to freedom from discrimination, and the introduction of active procedural rights in the pre-trial and trial processes.

University of Macau / Faculty of Social Sciences / Department of Communication

M.A. (Politics) / Please refer to full text to view abstract

In modern society, children are acknowledged as bearers of both children‟s rights and all other rights in the Bill of Rights which generally apply to children. One important right, outside of section 28, is that of bodily integrity or the right to control and decide what happens to their body. Therefore, children theoretically have the right to consent to medical treatment and surgery. However, children are generally deemed to lack the necessary maturity to make decisions of this nature and require parental consent before any medical procedure may be performed. Following the enactment of the Children‟s Act 38 of 2005, the age of consent for medical intervention was lowered to the uniform age of twelve. Children above the age of twelve are recognised as having the capacity to make their own decisions in respect of bodily integrity, whereas those under twelve still require parental consent. While this may be a positive evelopment, it is potentially problematic for two groups of children, known as „benefactor children‟ and „saviour siblings‟. In the last 50 years, there has been a noticeable advancement in the field of genetic research. One such development is the possibility of creating one child to save the life of another through tissue or organ donation. This has provided options to parents of children with life threatening conditions where before, there was little hope of a cure. Now, at the request of these parents, children can be specifically “genetically engineered” as an embryo, to become a tissue or organ match to a sick sibling. These children are known as „saviour siblings‟. Another group of children has emerged. While not the result of “genetic engineering”, they serve a similar purpose in being potential life-saving donors to an ill sibling and are known as „benefactor children‟. Both categories of children enjoy the protection of fundamental rights. For those who are under twelve years of age however, the right to bodily integrity can be infringed upon by the proposed surgical removal of organs or tissue for the benefit of a sick sibling, based purely on a parent‟s consent. At stake too, is the right to reproductive autonomy. Parents bear children for a number of different reasons, which can include raising a child to save the life of another. As they have the right to reproductive autonomy, adults are able to decide when they want children and for what reason they want children, which can include the various techniques used to bring about „saviour siblings‟. However, as rights are mutually interrelated and nterdependent, they cannot be viewed in isolation. Therefore, it must be asked: does a person‟s right to reproductive autonomy, as guaranteed by the Constitution, justify interference with an embryo? As an embryo is not recognised in South African law as a legal subject, it will be difficult to justify interference with this right on this basis. The right to consent to medical intervention only from age twelve was described as potentially problematic for „benefactor children‟ and „saviour siblings‟, as parents with seriously ill children may become so emotionally burdened, that they place the welfare of the sick child over that of the healthy child. Thus, it is possible that parents will consent to any and all procedures on the „benefactor child‟ or „saviour sibling‟, regardless of the implications to the health and suffering of the healthy child. Section 28(2) of the Constitution states that the child‟s best interests are of paramount importance but, it must be asked, whose best interests are more important when more than one child is involved? As this is a decision parents are incapable of making at that time, the decision should be made by a neutral, impartial and unemotional third party such as the Court, which can be assisted by the Family Advocate and an ombudsman, who are experts in assisting children and promoting their best interests. Presently, South African law does not expressly address „saviour siblings‟. However, with few changes to the National Health Act and other Regulations, this is an area which could be regulated in time. These changes could include finalising the draft regulations as well as providing a list of the medical and dental purposes for which blood and tissue can be removed and should make specific reference to the removal of tissue, blood or blood products to treat a sick sibling. It is also imperative that South Africa regulates these matters now, as „saviour siblings‟ are no longer simply a matter for the future. Furthermore, legislation needs to be amended and enacted to prevent the law from becoming out-dated and redundant, leaving „benefactor children‟ and „saviour siblings‟ vulnerable while law is being drafted. In that international law is silent on the matter, South Africa would be well advised to consider foreign law such as the United Kingdom, in developing its law. As the United Kingdom has developed a National Board, so too should South Africa, as this would assist in regulating „saviour siblings‟ by allowing members to review each proposed case of „saviour siblings‟. This is merely one recommendation of several which could facilitate a smooth, controlled regulation of a highly emotional topic. Children remain one of the most vulnerable groups in society and their rights are often susceptible to infringement or abuse. It is incumbent on the law to ensure that, wherever possible, these rights are protected, especially as science continues to advance and it becomes more difficult to determine what is morally correct.

This thesis attempts to ascertain the implications for human rights when rebels become the only advocates of a population targeted by mass violence. The specific focus is placed on the case of Kurdish rebel organisations from Iraq and Turkey. Lacking an ability to organise freely within either state, these groups established a presence in the more open political environment of the West where they undertook efforts aimed at winning global support. After setting a theoretical basis in chapters one and two, the case studies that follow begin with an overview of the causes of the violence experienced by the Iraqi and Turkish Kurds, before proceeding to assess how this violence was represented on the global stage by the rebel organisations and their representatives. The time period assessed runs from the immediate aftermath of World War One through to the present day. Whereas previous studies of advocacy in International Relations have looked closely at the actions of more benign actors such as Amnesty International and Human Rights Watch, this study is more concerned with what happens when important human rights abuses go unnoticed. In such a context, rebels often become a people's only representatives. The result is that the message presented to the global community is one that conforms to the interests of the rebel organisation. This raises major questions and problems for millions whose perspectives might not match with rebel aims. In short, what is not said is more important than what is said. This focus on rebel-directed activism also casts serious doubts on the value of advocacy by exploring its role in reproducing rebel power at the expense of those that are most in need of support. It was only when Kurdish activists were able to establish an independent perspective that some of these limitations were addressed. In this, the act ivities carried out by the London-based Kurdish Human Rights Project (KHRP) are especially notable. By helping bring cases to the attention of the European Court of Human Rights, the KHRP has helped give voice and obtain tangible results for ordinary Kurds who never figured prominently in the agendas of any Kurdish rebel faction.

The thesis defends a critical theological engagement with rights and autonomy as the basis for protecting children. It was prompted by child protection cases encountered as a lawyer involving families from minority religious communities. The cases raised questions about cross-cultural norms for child protection. The need for such norms, emphasised in the Laming report into Victoria Climbie's death through exorcism, is further highlighted by phenomena like forced marriage and 'honour' killing. Government documents and judicial decisions assume that such norms are found in children's rights and welfare. Yet welfare is indeterminate and in some circles rights are seen as incompatible with religion, unrealistic in their universal aspirations and criticised for liberal assumptions about autonomy and reason. The problems are examined through contextual illustrations from contemporary debates about forced marriage, religious dress, 'honour' killings and sexuality, corporal punishment, faith-based education and adoption. The introductory chapter sets out the problematic, methodology, legal and religious sources and paradigms and the limits of the research. The second chapter considers earlier explorations of cross-cultural bases for child protection norms and identifies their limitations; in particular assumptions of agreement over what constitutes harm are challenged. Chapter three examines specific illustrations of secular or liberal concern which highlight differing understandings about what is harmful for children. In chapter four the worldviews, epistemology and theology underlying such differences are examined in greater depth, identifying divergent views about autonomy as a key factor in the differences. Chapter five considers the concept of autonomy from the perspective of Christian theology, particularly that of Karl Barth and Christian arguments concerning rights. This process enables the construction of a theological defence of autonomy and rights in which autonomy is understood not as libertarian freedom but as the graced uniqueness of cognitive, affective and bodily integrity and identity inherent in all human beings from birth. Such autonomy is the gift of personhood in 'what is least fathomable and controllable in the human subject' that human rights are designed to protect. Graced autonomy can only be lived in relationship with family, community and God but recognises that without respect for each person's integrity and worth right relationship is impossible. Rights are defended as necessary in addressing distortions of power even exploitation which subordinates the interests of some to more powerful others, both individuals and communities. Rights based on graced autonomy also provide more substance to what constitutes worth in terms of the material, social and participative. The sixth chapter assesses the compatibility of the paradigm of graced autonomy with Islam and Judaism whilst the seventh and final chapter considers the implications of the paradigm for various areas of public and legal debate concerning children and adults. In addition further areas of research and exploration of the paradigm are considered for example implications for theological literacy in frontline social work, further testing in other faith traditions and application to adults' rights.

Indiana University-Purdue University Indianapolis (IUPUI)

Southern Africa must confront a myriad of challenges as it attempts to address effectively the needs and aspirations of its hundred million people, 40 percent of whom live in extreme poverty with per capita incomes ranging from $256 per annum in Zimbabwe to $5099 in Mauritius. The greatest challenge of the Southern African Development Community (SADC) continues to be the need to build a life for its people free from poverty, diseases, human rights abuses, gender inequality and environmental degradation. Gender activists played a lead role in innuencing the development and adoption, on the 17 August 2008. of the SADC Protocol on Gender and Development. In 2005, they undertook comprehensive regional research on sector-specific gender equality issues and gaps. Following the adoption of the SADC Gender and Development Protocol, gender activists came together between 2005 and 2008 to form cross-border and national alliances to undertake a campaign to inl1uence the content of the Protocol, as well as lobby for its adoption. The adoption of the Gender and Development Protocol is one of the fastest in SADC Protocol history. This study is an evaluation of the SADC Gender and Development Protocol. focusing on gender eq uality, women's empowerment and the reduction of gender based violence in South Africa. The protocol has a direct bearing on all its signatories in both the "developed" and ''developing'' countries within the SADC region. Furthermore, this research focused only on South Africa, one SADC country, in order to evaluate the progress made since the adoption of the Protocol in 2008. The most salient progress has been made with regards to women's representation and participation in state and political governance. Target-setting within the structures of the Protocol greatly contributed to appointment and promotion of women into leadership and decision-making positions. The target of 50% representation of women has already been achieved in Cabinet, the National Assembly, Provincial Premiers, Provincial Council of Provinces and Provincial Legislatures. Policies. strategies and plans have been put in place to address gender based violence. Despite legislative reform, trends continue to indicate that in South Africa there is still a gender division of labour. Fear of gender-based violence on the one hand. and real life experiences of gender-based violence continue to be deterring factors that keep women from progressing and advancing in the workplace, in schools and institutions of learning in business and in governance. / Thesis (M. Soc Sc (International relations) North-West University, Mafikeng Campus, 2013

In the past, rural women were looked upon as being physically weak and were assigned the main role of child-bearing and child-rearing. In recent times, however, there has been recognition that women's roles go beyond the immediate household domestic and reproductive spheres into economically productive public spheres. Women are therefore recognized as agents of development as they play a vital role in society and contribute to socio-economic development. The main aim of this research was to focus on this sphere of life and examine the contribution of women through the case study of the EPWP project in Modimola village, North-West Province of South Africa. A qualitative research approach was used in this study in the form of in-depth interviews with a sample of the women who participated in the project. This was done to establish the role, benefits, and challenges women encountered in the fore-mentioned EPWP project. It was found that women had a very productive and active toile in the project, and contributed positively towards its effectiveness and success. This was however not sustainable largely due to failure by the Department of Public Works' officials to provide continuous leadership, as well as monitoring and evaluation of the project to ensure continuous improvement and sustainability. / Thesis (M.A.(Sociology) North-West University, Mafikeng Campus, 2013

Published Article / Freedom of religion is a constitutional right of every employee. It is the duty of the employer to respect and honour this freedom of religion of the employee. The question arises what the employer must do if there is conflict between the right to religion and the interests of the business. The current approach in the South African law is that the courts are of the opinion that employers are not very sensitive regarding the aspects of religion. Case law also favours the employee in case of judgements regarding the absence at the workplace due to religious reasons. The proposal is made that each case be investigated on its own merits. The approach should still be sensitive, but not so much that the legislation is boycotted. It is also recommended that no specific religion should get preference and that religion and science should work together. All religions must be given the same treatment, but the legislation should still be the determining factor.