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Thesis (M.P.H.), Faculty of Health Sciences, University of the Witwatersrand, 2009 / Abstract The Patient Rights’ Charter is one of several progressive health policies in South Africa with disappointing implementation in practice. Barriers to implementation have already been described. Policy analysis theory and empirical studies suggest that power and resistance may contribute to implementors’ responses to policies. This secondary analysis of existing semistructured interviews with health providers in Limpopo explicitly examined the influence of power and resistance on their implementation of the Patients’ Rights Charter. Open coding yielded themes of implementation experience, to which a deductive analysis applied a heuristic framework, derived from the literature, to examine power and resistance. The critical importance of implementors in translating policy into practice, and of discursive manifestations of power, were reiterated. Resonances in the data of the functionalist ‘sick role’ brought together surveillance, expert knowledge and the loss of health workers’ influential voice, in a way not previously discussed. Implications for future management strategies are considered.

Student Number : 7905085 - PhD thesis - School of Education - Faculty of Humanities / This thesis is based on an exploration of human rights (in) South African education. In order to do so, however, it has been necessary to explore the origins of the notion of human rights in both its philosophical and legal senses. It covers the ways in which the claim of an equality of all human beings has developed historically and the ways in which they are articulated in the Universal Declaration of human rights and in the “new” South African Constitution. However, the argument in this thesis is that human rights tend to be generalised and universalised, and as such do not adequately address the ways in which human rights are experienced in specific social formations and in the contexts of particular people’s lives. In order to make human rights more specific and personal, I apply a sociology of human rights using Stuart Hall’s “theory of articulation” and demonstrate what this sociological analysis means in the context of South Africa under apartheid. In addition, to prevent reifying social categories and privileging particular types of human identity, I explore human rights under apartheid in relation to ‘race’, gender and sexual orientation. Throughout, I point to ways in which these identities and social categories interconnect with each and balance micro and macro approaches to an analysis of apartheid. Methodologically this thesis uses Sarah Lawrence-Lightfoot’s approach of “portraiture” in order to capture personal lives within a macro context and I provide accounts in this respect of Nelson Mandela and Simon Nkoli. I have also used a combination of quantitative and qualitative approaches in my investigation of experiences of human rights in South African education. Teachers’ and learners’ questionnaires were conducted in schools in the Western Cape, KwaZulu-Natal and Gauteng in South Africa between 1996 and 1998. In addition, individual interviews with Grade 9 teachers were conducted and group interviews with Grade 9 learners in these schools were also done. Classroom observations in three schools, one in each of the provinces, were also conducted, and individual interviews with two gay learners also form part of the empirical data of this study. A national survey of what human rights programmes were used by educational institutions and organisations was also conducted. The thesis also contextualises the sampled schools experiences within the post-apartheid dispensation in South Africa, providing an account of how human rights are framed in South Africa generally and in the South African educational system in particular. Approaches to human rights (in) education are also covered, as are the principles of a human rights education. The conclusions that I arrive at in this thesis are that there are interventions in regard to human rights in South African education which tend to be located within legalistic and integrated approaches. In addition, experiences of racism in the sampled schools are prevalent within an assimilationist mode. In regard to sexual orientation, sex, gender and sexuality are conflated but the provision of human rights in terms of sexual orientation has had a positive impact on the sampled gay learners in this study. Finally, I argue that the sociological approach to human rights is useful and generative and has enabled this study to access an understanding of human rights in generalised macro terms and in specific contexts of people’s experiences.

Student Number : 0415941F - MA research report - School of Social Sciences - Faculty of Humanities / It is interesting how a specific date and month has come to define the world. In the dawn of the millennium, few people would have thought international politics would suddenly change. It was even harder to envisage that America would be a direct target of terror groups’ right inside their country in such a huge magnitude, in this age after the end of cold war when it was the only super power. The events of September 11, 2001 will forever remain entrenched in history and even more so the political events that followed after, since they have redefined the world and its political ideology. Different states have responded to the attacks differently, springing surprises, twists and turns that have shaped the agenda of the human rights discourse. The response to the attack on the Pentagon and World Trade Centre has posed a dilemma to scholars in international human rights law, some of them whom have questioned if this is the end of human rights era.1 This is because of how the human rights discourse has been put at cross purpose with the anti-terror efforts that have been employed. After Al-qaeda operatives crashed three airlines into the Pentagon and World Trade Centre, while a fourth one crashed in a field in Shanksville, this was seen as a direct act of aggression on America and President George Bush vowed revenge. On October 8th 2001, Bush launched a campaign to track Osama Bin Laden and followers of his Al-qaeda group, who were responsible for the attacks. The “war on terror” began the same day with the bombing of Afghanistan that aimed at toppling the Afghanistan government, which supported Al-qaeda. While doing this, Bush placed terrorism above any other global agenda. It is important to note that the toppling of the Afghanistan regime was through the UN Security Council. When a new government was set up after the regime was toppled, the “war on terror” entered new frontier. In his State of the Union address in January 2002, President Bush declared that Iran, Iraq and North Korea were “rogue states” and alleged that the three countries were developing weapons of mass destruction. Bush feared that terrorists would use these chemical and biological weapons to attack other countries, more so American interests and hence measures had to be taken before this happened. He next turned to Iraq which was suspected of having chemical and biological weapons and links with Al-qaeda. He vowed to topple the Iraq regime of Saddam Hussein on these pretexts.2 These actions led to a lot of international debate, with many countries urging America not to use force to push its agenda. Specifically, most countries were of the view that inspectors from the United Nations Monitoring, Verification and Inspection Commission (UNIMOVIC) should be allowed to inspect Iraq to authenticate the claims.3 In addition, many countries felt that for such a war to happen, the UN Security Council had to pass a resolution allowing the attack of Iraq. Nevertheless, America and its allies went ahead with their plans of toppling Saddam. On April 9, 2003 the regime of Saddam Hussein was toppled and he was captured on December 14, 2003. However, Osama has not yet been caught. At the same time, the United Nations (U.N.) has passed various resolutions condemning terrorism and urging countries to enact anti-terror measures that do not infringe on the people’s human rights. Despite this, the anti-terrorism measures adopted by many countries have fallen short of the U.N. human rights requirements and have proved to be a challenge to internationa l human rights law and refugee law. This has led to various scholars arguing that the U.N. charter should be reviewed to adequately cater for the “war on terror” and the enforcement of human rights while engaging in these efforts. In any case, it is clear that legal safeguards that were once viewed as unchangeable are now being challenged. As David Rieff avers, “…the threat that internal war and terrorism poses to the edifice of international law would have become apparent sooner or later. If anything, September 11 only hastened and focused the process.” This research report aims to study the implications of the “war on terror” for the protection of human rights in Kenya. In doing so, it is noted that even though Kenya has been a victim of terrorist activities, it was only after America began the “war on terror” in October 2001 that it started putting up structures to address terrorism. Thus, the main thrust of this research is to investigate the human rights dilemma that Kenya faces in these efforts includ ing interrogating the reasons for the tensions that resulted from the draft Suppression of Terrorism bill 2003 that was drawn up by the government in its effort to fight terrorism. In order to do this, several research questions inform the study. a) How has the “war on terror” shaped the understanding and practices of human rights in Kenya? b) How has the “war on terror” shaped Kenya’s approach to terrorism? c) How did the draft Suppression of Terrorism bill 2003 emerge? d) Was the draft bill a result of social struggles and history of the country as regards terrorism? e) What are the human rights concerns that have emerged from the draft bill? f) What are the tensions that have cropped up between protecting human rights and ensuring national security in Kenya? This will include a study of local campaigns by the Civil Society and Muslim community against the draft antiterror bill. g) Why have the tensions come up between the citizens and the government? To do this, the study will look into the human rights history of Kenya and relationship between the government and its citizens. h) What has been the impact of anti-terrorism measures on certain ethnic and religious groups? i) How have suspected terrorists in Kenya been treated while under custody? Human rights as applied in this research report refers to a set of internationally agreed upon principles which have been set down in the various declarations of United Nations human rights instruments, African Charter and other legal documents like Constitutions. Over the years, these principles have continuously been refined and extended to ensure that more people especially the minorities are catered for and have since been evoked when oppression occurs.

Thesis advisor: David Hollenbach / This thesis analyzes how the Catholic Church in Burundi used and can still use Catholic understanding of human rights to advocate for peace. Human rights discourse can be a way of translating the Catholic values of human dignity and human sacredness into secular language. Moreover, as Burundi is a signatory to most of the international instruments on human rights, this discourse becomes a tool for the Catholic Church in Burundi to denounce the violation and abuse of human rights and to advocate for peace. / Thesis (STL) — Boston College, 2011. / Submitted to: Boston College. School of Theology and Ministry. / Discipline: Sacred Theology.

This thesis offers an investigation of the indigenous politics of self-determination in the Peruvian Amazon. The starting point of the analysis is the ‘Baguazo’, a massive indigenous protest (June 2009) against governmental laws that favoured extractive industries within indigenous territories. Studies of indigenous peoples’ opposition to extractive industries in Peru have tended to focus on the economic, political or social aspects as if these were discrete dimensions of the conflict. This thesis aims to contribute with an integral and systematic understanding of indigenous resistance to extractive industries through a case study analysis and a multidisciplinary theoretical proposal. The thesis contains 9 chapters: introduction (Chapter 1); theoretical framework (Chapters 2, 3 and 4); methodology (Chapter 5); case study analysis and discussion (Chapters 6, 7, and 8); and conclusion (Chapter 9). The theoretical chapters explain how liberal legality recognises indigenous peoples as ethnic minorities with property entitlements, while self-determination goes a step further to recognise indigenous peoples as ‘nations’ with ‘territorial rights’. The case study chapters explore the struggle of the Awajun indigenous people for self-determination and examine the legal and political consequences of the Baguazo as well as the re-emergence of indigenous politics in Peru. The main argument provided in this thesis is that indigenous territorial defence against extractive industries expresses a politics of self-determination that confronts coloniality as the foundation of the extractive governance. Coloniality denotes that, even though colonial rule ended in formal political terms, power remains distributed according to colonial ontology and epistemology. Consequently, social and economic relationships regarding indigenous peoples still respond to an inclusion/exclusion paradox: indigenous peoples are either excluded from liberal capitalism or included into it under conditions that deny indigenous peoples’ principles. Thus, the struggle for self-determination locates many indigenous people beyond the inclusion/exclusion dialectic and promotes an extension of ‘the political’ with the aim of reconfiguring the state-form and its political economy.

No description available.

This study presents a chronological examination of women's rights activism. The first three chapters cover the origin, growth, and success of the Texas woman suffrage movement. Chapter Four examines the issues of interest to Texas women after the right to vote was achieved, including birth control, better working conditions, unionization, jury duty, and married women's property rights. The last chapters explore the origins, growth, and success of the movement to secure an Equal Legal Rights Amendment to the state constitution, and its immediate aftermath. Sources include manuscript collections, interviews, newspaper and magazine accounts, and government documents.

There has been talk of countries facing water "crises" and even predictions of a "global water crisis", for some years now. The effects of climate change, population growth, and ever higher levels of development are being felt around the world. Even in the United Kingdom, generally considered to have plentiful rainfall, there have been restrictions on water use. How much more serious a problem, then, is this issue for those countries with less bountiful water resources and fewer financial resources to cope with increasing water stress. One common response has been to consider the water crisis as a "crisis of governance", in recognition that it is less about the lack of water and more about the need to address poverty and power imbalances within society. However, this neither clarifies the measures to be taken nor the responsibilities that governments have towards their people when facing such a crisis. This thesis explores the meaning and implications of "good water governance" as a means of addressing the water crisis and concludes that for the meas to be successful a clear end goal is required. This thesis proposes that the normative content of the Human Right to Water is a useful starting point in defining the goals for national water policy able to meet the challenge of a potential water crisis. By combining positive contributions both good water governance and the Human Right to Water, the thesis develops a framework to assist governments in planning, implementing and monitoring the measures necessary to fulfil their responsibilities. In order to verify the framework that has been developed, the thesis applies the framework to the case of South Africa, a country that is facing increasing water stress while still redressing the balance of past inequities. The thesis concludes that a framework using aspects from a water governance approach and aspects of the Human Right to Water can assist governments to focus their efforts on the critical issues that affect their communities' access to water.

facilitated the licensing of music to the benefits of right holders and commercial users alike. In the online realm, however, the rationale of the collective administration of copyright has been challenged and its functioning re-configured. At a moment in time where the Internet has made the cross-border distribution of recorded music easier than ever, right holders are yet to find licensing solutions appropriate for multi- territorial online uses. This, in turn, slows down the uptake of legal online music services and prevents the realisation of the Digital Single Market, pursued within the EU. The European Commission has intervened twice, first in 2005 in the form of a non-binding Recommendation, and later in 2008, when it held that the collecting societies' practice of restricting their activities to their respective domestic territory was anti-competitive. Arguably, the contradictory effects of EU action have exacerbated rather than remedied the existing difficulties that cross-border online music services face in clearing the necessary authors' rights. This thesis proposes to re-contextualise this problem around cultural diversity, which is a recurring buzzword in the ongoing debates and which EU institutions are legally obliged to promote and to respect. Despite this seeming acknowledgment of the concept, no sound legal analysis of its scope or its implications for the field of online music has yet been proposed. Pursuing such analysis, this thesis first examines the meaning of cultural diversity under EU law to submit an understanding of it as intercultural pluralism. It then assesses the boundaries of the EU obligation to promote cultural diversity in view of the goals of the UNESCO Convention on the Promotion and Protection of the Diversity of Cultural Expressions. An analysis of the relationship between the two sets of norms suggests interpreting the EU mandate of promoting cultural diversity in light of the scope of the international obligations wherever EU action affects cultural creations. Applied to the context of online music, this novel interpretation implies that cultural diversity is promoted if all groups within the EU (a) have the ability to express their cultural identity through online music; and (b) are in a position to access online music expressing different cultures from within and outside the EU. Cultural diversity thus calls for the licensing regime to be reorganised so that online music services may, in a simple and effective way, clear the rights necessary for the online use of the entire available EU repertoire as well as a diverse foreign and, ideally, the entire worldwide repertoire. Finally, this thesis assesses the current online licensing mechanisms in a practical application of these findings, testing the commonly raised argument that collective rights management promotes cultural diversity and investigating, in parallel, whether the practical consequences of the EU interventions have promoted the diversity of online music.