The dissertation traces events that contributed towards a climate where the status of children changed from property to that of person status with the concomitant recognition of children's rights. Social conditions in England, America and France from late preindustrial times to the early twentieth century were investigated. The United Nations' role in establishing children rights documentation and an evaluation of these d~μrpents in terms of the educational implications thereof were described and discussed. The African perspective towards international children's rights documents events was outlined while the attempts of Africa to address the unique needs of the African child were detailed. In the light of the changing social orientation in the Republic of South Africa, children's rights advocacy in South Africa was reviewed. Criteria for evaluati-ng documents addressing the needs of children were proposed and based on the findings of the study, recommendations regarding the direction of children's rights advocacy were advanced. / M. Ed. (History of Education)

The subject of my thesis is The Rights of Producers of Phonograms (Sound Recordings) and Films. I have chosen this topic because of my fondness for music and for media that carry such recordings. The Rights of Producers are denominated as rights related (to Copyright) because of the absence of creativity and individuality. The term neighbouring rights is exactly equivalent. In the first chapter I provide reader with basic terms and a concept of continental copyright law as well as a comparison with common law copyright system. These two law systems are essentially important to comprehend the rights of producers in general and to have basic overview on their role in global society and economy. Both authors' rights and related rights are copyrights in the sense of common law. The second chapter analyses international law on this subject. I describe the relationship between czech national law and international law. Although the majority of international agreements is phrased generally, mentioned agreements have impact on legislations of contracting parties. They form a part of czech law since their ratification and publication in Collection of Laws. The important agreements on the subject are Rome Convention, Geneva Convention, TRIPS Agreement and WIPO Performances and Phonograms Treaty. In addition, I...

Em dezembro de 2011, a Assembleia Geral aprovou a Resolução 66/137 adotando a Declaração das Nações das Nações Unidas sobre a Educação e Formação em Direitos Humanos em sequencia ao processo educativo em direitos humanos - iniciado em 1948 com a Declaração dos Direitos Humanos - que vem em evolução constante, principalmente a partir da década de noventa. A Declaração é a reafirmação da comunidade internacional da necessidade de uma mudança de paradigma e valores que orientem a vida cotidiana dos indivíduos em todo o mundo e que é responsável pelo estado atual dos direitos humanos. Com a adoção deste novo documento internacional, começa o processo de difusão e disseminação do seu conteúdo visando a efetivação do direito humano à educação em direitos humanos - agora indubitavelmente positivado que, sem embargo, deverá superar diversos obstáculos estruturais para a aceitação dos princípios contidos na Declaração Universal dos Direitos Humanos, vale dizer, os valores e tradições nas sociedades baseadas no patriarcalismo e no capitalismo neoliberal. / In December, 2011, the UN General Assembly approved the Resolution 66/137 adopting the United Nations Declaration on Human Rights Education and Training following the human rights education movement started in 1948 by the Universal Declaration of Human Rights in an on-going evolution mainly as of the 90`s. The Declaration is the ratification by the international community of the need of changing paradigm and values which orient the life of individuals in daily basis worldwide and that is responsible for the current state of the human rights. With the adoption of this new international document the process of diffusion and dissemination of its content started aiming at the effectiveness of the right to human rights education. Yet, the Declaration must overcome many structural obstacles for the acceptance of its principles, in especial, the values and traditions of the societies based on the patriarchy and the neoliberal capitalism.

The world has seen gradual evolution of regional human rights arrangements. The adoption by the UN General Assembly of the Universal Declaration of Human Rights on December 10, 1948, was followed by the creation of numerous regional instruments that address concerns of particular importance in the regional context. Three world regions, Africa, the Americas and Europe, have established their respective regional instruments together with the supervisory mechanism, such as commissions and courts. The African Charter on Human and Peoples’ Rights, with its emphasis on group rights and individual duties challenges the Western liberal account of rights, as expressed in the Universal Declaration of Human Rights. The cultural differences brought to the fore not only the tension between individual and group rights but also the question as to whether of the universalism of human rights is possible. The study advocates for a moderate universalism of human rights, which can only be achieved through a dialogue among different cultural approaches to the notion of human rights. This study examines the content and substance of human rights norms of the African system with a view to recommending the possible strategies for their reform. Its central thesis is, the system is rather weak and therefore needs to be reformed. Toward this end, the study analyses the provisions of the African Charter. Thereafter, it explores its weaknesses and proposes strategies for their reform. The African human rights mechanisms face a number of common and particular challenges. Prospectively, Africa is going through a tremendous and interesting phase. These challenges are not insurmountable. / Constitutional, International and Indigenous Law / LL.D.

The dissertation traces events that contributed towards a climate where the status of children changed from property to that of person status with the concomitant recognition of children's rights. Social conditions in England, America and France from late preindustrial times to the early twentieth century were investigated. The United Nations' role in establishing children rights documentation and an evaluation of these d~μrpents in terms of the educational implications thereof were described and discussed. The African perspective towards international children's rights documents events was outlined while the attempts of Africa to address the unique needs of the African child were detailed. In the light of the changing social orientation in the Republic of South Africa, children's rights advocacy in South Africa was reviewed. Criteria for evaluati-ng documents addressing the needs of children were proposed and based on the findings of the study, recommendations regarding the direction of children's rights advocacy were advanced. / M. Ed. (History of Education)

Em dezembro de 2011, a Assembleia Geral aprovou a Resolução 66/137 adotando a Declaração das Nações das Nações Unidas sobre a Educação e Formação em Direitos Humanos em sequencia ao processo educativo em direitos humanos - iniciado em 1948 com a Declaração dos Direitos Humanos - que vem em evolução constante, principalmente a partir da década de noventa. A Declaração é a reafirmação da comunidade internacional da necessidade de uma mudança de paradigma e valores que orientem a vida cotidiana dos indivíduos em todo o mundo e que é responsável pelo estado atual dos direitos humanos. Com a adoção deste novo documento internacional, começa o processo de difusão e disseminação do seu conteúdo visando a efetivação do direito humano à educação em direitos humanos - agora indubitavelmente positivado que, sem embargo, deverá superar diversos obstáculos estruturais para a aceitação dos princípios contidos na Declaração Universal dos Direitos Humanos, vale dizer, os valores e tradições nas sociedades baseadas no patriarcalismo e no capitalismo neoliberal. / In December, 2011, the UN General Assembly approved the Resolution 66/137 adopting the United Nations Declaration on Human Rights Education and Training following the human rights education movement started in 1948 by the Universal Declaration of Human Rights in an on-going evolution mainly as of the 90`s. The Declaration is the ratification by the international community of the need of changing paradigm and values which orient the life of individuals in daily basis worldwide and that is responsible for the current state of the human rights. With the adoption of this new international document the process of diffusion and dissemination of its content started aiming at the effectiveness of the right to human rights education. Yet, the Declaration must overcome many structural obstacles for the acceptance of its principles, in especial, the values and traditions of the societies based on the patriarchy and the neoliberal capitalism.

Text in Afrikaans / Menseregte is 'n saak wat sedert die Tweede Wereldoorlog met sy grootskaalse vernietiging en chaos internasionaal al hoe sterker op die voorgrond begin tree het. Dit is veral buitelandse, maar ook binnelandse beskuldigings ten opsigte van rassisme en apartheid in ons land wat aanleiding begin gee het tot onderhandelings rakende die uitwerk van 'n handves van menseregte vir alle inwoners hier te lande Die historiese ontwikkeling van menseregte in belangrike Westerse lande, maar ook binne sosialistiese konteks, bied belangrike perspektiewe vir die verstaan van hierdie kwessie. Ongelukkig is die kerk se stem vir baie jare nie oor hierdie aangeleentheid gehoor nie. Ook het die NG Kerk dit beskou as 'n liberale, humanistiese en kommunistiese aanslag teen hulle "Skrifgetroue" lewensiening. Omrede so baie mense hulle besluite in terme van hulle geloofsbeskouing neem, word daar duidelikheid oor die saak gesoek in die Bybelse beskouing van die begrippe geregtigheid, menswaardigheid en vryheid. Sekere hermeneutiese probleme word onder oe geneem sodat die volle waarheid oor hierdie saak aan die orde kan kom. Na aanleiding van bogenoemde gebeure het die regering aan 'n Regskommissie opdrag gegee om 'n akte van menseregte op te stel. Die klem wat hierin op verskillende eerstegenerasieregte gele word ten koste van sekere noodsaaklike sosio-ekonomiese regte, wat vir soveel swart inwoners van ons land so belangrik is, word krities geevalueer. Hierteenoor le die ANC in sy konsep-manifes op realistiese wyse klem op hierdie sogenaamde tweedegenerasieregte en regstellende optrede. Daar word bevind dat di t die mees volledige en toepaslike dokument van sy soort in ons land is, omrede dit vanuit n situasie geskryf is wat deeglik rekening hou met die eiesoortige behoeftes van die Swartes. Die hele kwessie van menseregte waardeur mens teen mens beskerm word, bring oak die kwessie van diere- en plantregte na vore. n Omgewings-poli tieke beskouing wat voorkeur gee aan die sosio-ekonomiese belange van mense ten koste van omgewingsbewaring, word bespreek. Ten opsigte van hierdie sake word die mens deurgaans in die Skrif opgeroep om God in sy optrede teenoor sy medemens, dier en plant te vergestalt / Human rights is a matter which has come strongly to the fore since the Second World War with its wholesale destruction and chaos. It was especially foreign, but also internal accusations of racism and apartheid in our country which gave rise to negotiations to draw up a charter of human rights for all the inhabitants of our country. The historical development of human rights in important Western countries, but also in a socialist context, provides important perspectives for an understanding of the matter. Unfortunately the voice of the church was not heard on this matter for many years. The Dutch Reformed Church has also seen it as a liberal, humanist and communist attack on their "true" scriptural understanding of life. Because so many people make their decisions in terms of their faith, clarity is sought on this matter in the Biblical concepts of justice, human dignity and freedom. Certain hermeneutical problems are considered to arrive at an accurate understanding of the Biblical message. As a result of the above-mentioned chain of events, the government appointed a Law Commission to draw up a bill of human rights. The emphasis in this draft bill of rights which is laid on various first generation rights at the expense of essential socio-economic rights, which are so important to many black inhabitants of our country, is critically evaluated. In contrast, in its proposed bill of rights, the ANC emphasises this so-called second generation rights and affirmative action in a realistic way. It is found that this is the most complete and appropriate document of its kind in our country, because it was written from a situation which thoroughly takes account of the distinctive needs of the Blacks. The whole matter of human rights brings the matter of animal- and plant-rights to the fore. A view on the politics of the environment which prioritizes the socio-economic interests of the people at the cost of nature conservation, is discussed. With regard to these matters humankind is called upon throughout the Scriptures to manifest God in their conduct towards their fellow-man, animals and plants / Philosophy, Practical & Systematic Theology / D. Th. (Teologiese etiek)

The central question I address is whether the inclusion of a right to subsistence among human rights can be justified. The human right to subsistence is conventionally interpreted as a fundamental right to a basic living standard characterized as having access to the material means for subsistence. It is widely thought to entail duties of protection against deprivation and duties of assistance in acquiring access to the material means for subsistence (Shue 1996, Nickel, 2004, Griffin 2008). The inclusion of a right to subsistence among human rights interpreted in this way has been met with considerable resistance, particularly on the part of those who argue that fundamental rights cannot entail positive duties (Cranston 1983, Narveson 2004, O’Neill 1996, 2000, 2005). My purpose in this dissertation is to consider whether a plausible interpretation of the human right to subsistence can succeed in overcoming the most forceful and persistent objections to it. My main thesis is that a minimal interpretation of the human right to subsistence according to which it is a right not to be deprived of access to the means for subsistence provides the strongest interpretation of this right. Although the idea that the human right to subsistence correlates with negative duties is not new, discussion of these duties has been overshadowed in the literature by debate over the positive duties conventionally thought to be entailed by it. I show that the human right to subsistence interpreted as a right not to be deprived of access to the means for subsistence makes an important contribution to reasoning about the normative implications of global poverty.

教育部積極推動九年一貫課程中「人權教育」的工作，也在民國90年成立「人權教育委員會」，讓人權教育概念落實於校園，為人權文化做好扎根的工作。本研究針對桃園地區國民中學教師對校園學生人權的實踐現況進行研究，以健康權、自由權、隱私權、平等權、表意權、受教權等六個指標進行探討，得到以下結論： 一、健康權：九成以上的受訪教師難以做到準時上下課以避免佔用學生的休息時間，超過五成的教師會利用早自習或午休的時間來進行補救教學或考試。對於身心理發育尚未成熟的國中學生來說，教師在用心良苦之餘，學生適當的休息時間是不應被犧牲的。 二、自由權：學生管教問題上，九成以上的受訪教師自評能在給予學生言語責罰的同時，並不會傷害學生的個人尊嚴。但僅有百分之四的教師能完全避免以「體罰」的方式來處罰學生。 三、隱私權：教師在未獲得學生本人之同意下，公佈學生的成績或排名在國中校園仍是一個普遍的現象，而這種刺激學生學習的方式卻也侵犯了學生的隱私權。 四、平等權：九成以上的受訪教師自評能秉持「大公無私」的原則來進行班級經營與管理工作，不會因學生的背景或成績優劣給予差別待遇。 五、表意權：教師在「班級各項政策的制定」及「幹部選舉活動」仍站在主導的地位，無法完全讓學生以民主方式進行。對於「學生反應與評鑑教師的機會」的實踐程度很低，雖然國中生思考尚未成熟可能讓評鑑有過於情緒化的狀況，但學生對教師的直接評鑑仍是未來的趨勢。 六、受教權：對於班會或社團活動、藝能科目、非主科科目，遭借用來進行考試或加強特定學科之教學的情況十分普遍。而教師仍難以避免採用教室外罰站或留置訓導處等可能侵害學生受教權的方式處罰學生。 七、國民中學教師在校園學生人權的實踐上，在「學校所在地」、「擔任導師年資」、「教育程度」、「專業教育背景」等變項中均無顯著差異。在「隱私權」、「平等權」的實踐上均不受本研究背景變項的影響。 八、健康權：(1)學校規模為「25~36班」的表現較「37班以上」及「13~24班」的學校佳。(2)教師年齡為「20~29歲」的表現較「50~59歲」的教師為佳；「30~39歲」的教師實踐表現較「40~49歲」、「50~59歲」的教師為佳。 九、自由權：(1)私立學校教師的表現較公立學校教師為佳。 (2)學校規模為「13~24班」的表現較「25~36班」為佳。 (3)任教年資「21年以上」的教師表現較任教年資「5年以下」、「6~10年」、「11~15年」的為佳。此外，除了任教年資「6~10年」組之外，學生自由權的實踐表現隨著任教年資呈現反比的趨勢。 (4)教授科目為「語文(英文)」及「自然與生活科技」的教師實踐表現較「綜合活動」的教師較差。 (5)教師年齡為「20~29歲」及「30~39歲」的教師實踐表現較「50~59歲」的教師為佳。 十、表意權：(1)私立學校教師的實踐表現較公立學校教師為佳。 (2)女性教師的實踐表現較男性教師為佳。 十一、受教權：教授科目為「語文(國文)」、「語文(英文)」、「數學」、「自然與生活科技」、「社會」的教師實踐表現較「健康與體育」教師為差。 十二、教師過去經歷中，曾在「自由權」及「隱私權」受到侵害的教師，在自己未來的教學活動中會盡量避免去侵害學生所同樣應享的權利，也就是秉持「己所不欲；勿施於人」的原則。 關鍵字：人權、兒童人權、學生人權 / Ministry of Education actively promotes the task of “Human Rights Education” in the Grade 1-9 Curriculum. In the meantime ,in Minguo 90, the Ministry of Education set up the Human Rights Education Committee to carry out Human Rights Education concept at school and let the human rights culture take root. Our research aims at the practice condition of students’ human rights of the junior high school teachers in Taoyuan area. The research targets at six indexes, rights to health, rights to freedom, rights to privacy, rights to equality, rights to free expression and rights to education, and the paper comes out with the following conclusions: 1. Rights to Health： More than 90 percent of the interviewee teachers have problem to start class and finish class on time to avoid taking up students’ rest time. Furthermore, more than 50 percent of the teachers would use the morning study hall or noon rest time to carry out remedial teaching or tests. For junior high school students whose mental and physical development is still immature, while teachers have given much thought to their study, appropriate time for students to rest should not be sacrificed. 2. Rights to Freedom： With regard to student discipline problems, more than 90 percent of the interviewee teachers assert that as they give students language punishment, they would not harm students’ personal pride. However, only 4 percent of teachers can completely avert corporal punishment while correcting students. 3. Rights to Privacy： It is still a common phenomenon for teachers to give out students’ grade or ranks without their permission in junior high school. Nonetheless, the manner to stimulate students to learn has at the same time violates students’ privacy. 4. Rights to Quality： More than 90 percent of interviewee teachers claimed that they can handle the tasks of class management and administration under the “perfectly fair and impartial” principle, and they will not discriminate students by their backgrounds or results of study. 5. Rights to Free Expression： Teachers still have dominant power over “the formation of various class policies” and “election of cadre members.” As a result, students cannot carry out the activities via democratic ways. The degree of the practice of “students’ feedback and opportunity of teacher evaluation” is rather low. Although junior high school students’ thinking may not yet be mature and thus their evaluation might become too emotional, students’ direct evaluation of teachers is still the trend of future. 6. Rights to Education： It is generally common to use class meeting, social club activity time, class time of art and minor subjects to give students exams or intensified teaching of specific subjects. Nevertheless, it is still difficult for teachers to avoid taking measures of standing outside the classroom or keeping them in Office of Student Affairs which might violate students’ rights to education while correcting students. 7. As far as the junior high school teachers’ practice of students’ rights on campus is concerned, there is no obvious difference between the variables of “school location”, “seniority of the home room teacher”, “educational background” and “professional educational background.” Besides, the practice of Rights to Privacy and Rights to Equality would not be affected by the background variable of this research. 8. Rights to Health： (1)The performance of schools with a scale of 25 to 36 classes is better than the school with a scale of more than 37 classes and 13 to 24 classes. (2) The performance of teachers aged between 20 to 29 is better than the teachers aged between 50 to 59 ,while the performance of teachers aged between 40 to 49 and 50 to 59 is better than teacher aged between 30 to 39. 9. Rights to Freedom： (1) The performance of private school teachers is better than public schools. (2) The performance of the school with a scale of 13-24 classes is better than the school with a scale of 25 to 36 classes. (3) Teacher who has more than 21 years’ teaching seniority performs better than those who has less than five years’ seniority, or those who has between 6 to 10 or 11 to15 years’ seniority. In addition, except the group of 6 to 10 years’ teaching seniority teachers, the practice performance of students’ rights to freedom has an inverse proportion to the teaching seniority. (4) The performance of practice of teachers whose teaching subjects are Language (English) and Nature Science and Life Technology is inferior to teachers who teach Integrated Activity. (5) The performance of practice of teachers aged between 20 to 29 and 30 to 39 is better than teachers between 50 to 59. 10. Rights to Free Expression： (1) The practice performance of the private school teachers is better than public school teachers. (2) The practice performance of female teachers is better than male teachers. 11. Rights to Education： The performance of the teachers teaching “Langauge (Chinese)” ,”Language (English)”, “Math”, ”Natural Science and Life Technology” and “Society” is inferior to teachers teaching “Health Education.” 12. Teachers whose “Rights to freedom” and “Rights to privacy” have been violated will avoid trespassing students’ same rights in their future teaching activity, which is also the principle of “Don't do unto others what you don't want others do unto you.” Keywords：Human Rights , Children’s Human Rights, Students’ Human Rights

The goal of the thesis is the development of an exemplary application profile for one institution guiding the use of Rights Expression Languages (REL) to include the rights information of digital documents in the metadata. Cultural heritage institutions face many challenges with regard to the growing number of digital documents. One challenge is the effective and efficient management, administration and presentation or publication of the documents according to their inherent rights. A basic issue is the inclusion of the rights information in the metadata file of the digital documents to enable automated administration of the documents. The application profile is supposed to show the REL’s potential for solving the challenge. Whether RELs can be applied practically in the cultural heritage sector is not in the scope of the thesis and must be examined in a large scale study. As applied research, the thesis does not follow a strict quantitative or qualitative research method but gathers, examines and evaluates data to develop an application profile. Due to the focus on technical issues, it aims at developers and not at end users. To reach the thesis’ goal, RELs are located in the area of digital rights. Four RELs are examined basi-cally by literature analysis. In addition, various representative licenses from one library are chosen which are “translated” into the most appro-priate REL. The findings flow into a prototype application profile which is evaluated in one iteration step by experts according to heuristic evaluation to identify technical and conceptual flaws. Based on the identified flaws, the prototype is revised. Finally, the exemplary application profile for the METS metadata schema is presented and recommendations for further elaborated appli-cation profiles are given.