Submitted by Ana Valéria de Jesus Moura (anavaleria_131@hotmail.com) on 2014-07-25T12:14:13Z No. of bitstreams: 2 CAPA TESE TAGORE.pdf: 38604 bytes, checksum: 5ed20943b41c33df16eb7532af7cf553 (MD5) DIREITO ANIMAL E ENSINO TESE TAGORE.pdf: 1059526 bytes, checksum: ce9b80b8105ca2d92a0671b5cec49500 (MD5) / Approved for entry into archive by Ana Valéria de Jesus Moura (anavaleria_131@hotmail.com) on 2014-07-25T13:21:56Z (GMT) No. of bitstreams: 2 CAPA TESE TAGORE.pdf: 38604 bytes, checksum: 5ed20943b41c33df16eb7532af7cf553 (MD5) DIREITO ANIMAL E ENSINO TESE TAGORE.pdf: 1059526 bytes, checksum: ce9b80b8105ca2d92a0671b5cec49500 (MD5) / Made available in DSpace on 2014-07-25T13:21:56Z (GMT). No. of bitstreams: 2 CAPA TESE TAGORE.pdf: 38604 bytes, checksum: 5ed20943b41c33df16eb7532af7cf553 (MD5) DIREITO ANIMAL E ENSINO TESE TAGORE.pdf: 1059526 bytes, checksum: ce9b80b8105ca2d92a0671b5cec49500 (MD5) / Esta tese trata da formação e autonomia do Direito Animal como componente curricular a ser oferecido nas Faculdades de Direito, tanto nos cursos de graduação como de pós-graduação (lato sensu e stricto sensu). Afirma-se que o Direito Animal adquiriu maturidade científica dentro do paradigma pós-humanista, o que permitiu o reconhecimento de um objeto próprio e princípios norteadores da matéria. Através de um método transdisciplinar, o Direito Animal adota uma hermenêutica evolutiva da Teoria Geral do Direito, reinterpretando seus conceitos fundamentais com o intuito de reconhecer os interesses dos animais. Nesse sentido, o sistema jurídico é pensado para englobar novos sujeitos de direito, merecedores de consideração por parte dos seus operadores. Conclui-se propondo uma nova pedagogia jurídica para o ensino do Direito Animal ao agregar ao ensino jurídico novas técnicas participativas de estudo do direito.

Chapter one offers an introduction and a general outline of argument. Chapter two lays out the current scholarship on human rights and the environment and presents rejoinders to three prominent lines of objection to linking human rights and environmental interests: conceptual, those arising from issues of recognition, vagueness and conflicts between human rights, ecological, especially from those seeking protections for the environment regardless of its utility to humans, and those wishing to expand human rights beyond human interests, and adjudication concerns, namely from those sceptical that the polycentric nature of environmental issues create an insurmountable barrier to any significant improvements through judicially enforced human rights. Chapter three introduces and defends the environmental minimum as a normative framework for systematically conceptualizing the relationship between human rights and the environment. As such, it is chiefly concerned with ensuring a good faith regulatory engagement with environmental pollution: specific risks to recognised human rights trigger the environmental minimum, which then provides minimum standards (legal, established and emerging) that set the standard of review for determining whether a violation of human rights has occurred. Chapter four deals with the crucial empirical argument, outlining how the framework can systematically account for and consistently guide the further development of the case law under the European Convention on Human Rights. This conclusion rests on a comprehensive analysis of the environmental case law since 1950 using quantitative methods to expose doctrinal patterns previously not recognized in legal scholarship. Finally, chapter five explores and evaluates the potential benefits of the environmental minimum framework beyond human rights adjudication. Specifically, it investigates benefits to the varied fields of public law, regulatory policy, International Environmental Law, constitutionalism, and other international human rights treaties.

Doctor Legum - LLD / South Africa

At the international level, indigenous activism has increasingly taken the form of advocating for ‘indigenous rights.’ These rights-based claims are articulated through a human rights framework, exemplified by the UN Declaration on the Rights of Indigenous Peoples, which was passed by the UN General Assembly in September 2007. Since this time, the Declaration has become the focal point of indigenous activism at the international – and domestic – levels. Proponents of the DRIP have claimed that it moves international law into a “post-Eurocentric” position, and that for the first time, the rights of indigenous peoples have been recognized by the international community. This thesis interrogates the rights-based discourse employed in international indigenous activism. Using postcolonial and poststructuralist theory, it puts forward a hypothesis of double-movement governance affecting indigenous peoples throughout the world. In this thesis, the double-movement is made up of relations between biopolitical management of indigenous lives, and neoliberal governmentality, which come together to establish the power relations within our present-day colonial system. This double-movement governance is then connected to Glen Sean Coulthard’s critique of a politics of recognition framework, on which human rights are based. Together, this theory forms my hypothesis that instead of providing indigenous peoples with emancipatory pathways out of the colonial present, indigenous rights discourses further entrench colonial norms and hierarchies within indigenous communities, and between States and indigenous peoples. Having established my hypothesis, I then test it with empirical data from the Declaration, indigenous fora at the UN, and domestic laws, agreements and policies. Taking the evidence into account, I argue that despite meaningful steps being taken to establish collective rights for indigenous peoples, a rights-based discourse does indeed continue to entrench colonial norms and hierarchies within indigenous communities and between States and indigenous peoples. This is in part because of issues of translation that occur when indigenous claims are articulated through a human rights framework, but also because a system based upon a politics of recognition – such as a human rights framework – is unable to move indigenous peoples out of the present-day colonial relations of power in which they live. Ultimately, such a system is only able to offer indigenous peoples ‘white liberty and white justice.’

Children’s rights are a world wide clarion call – yet, when it comes to implementing it in practice, the hearts of everybody starts racing because suddenly the issue is not just academic, it’s personal. In practice it is evident that children’s voices are not being heard or taken into consideration – while adults are solely responsible for making decisions that affects the lives children have to live. Children continue to suffer and are being traumatised due to the fact they have to live a life decided by adults who presumed to know the best. The fact that there is no consistency when working with children, specifically during the legal process, has been experienced as a serious problem. Research was undertaken to rectify the situation. The hypothesis for the intended study was formulated as follows: A protocol that can be followed by professional role-players can ensure that children’s rights will be protected during a legal process. The key professional role-players involved with children during a legal process have been identified as social workers, commissioners of child welfare, lawyers, family advocates and judges. In the qualitative study, a semi-structured schedule was utilized as guide for the personal interviews with each of the respondents. From this data, a protocol was developed and evaluated after implementation in order to determine whether such a protocol will enable the professional role-player to protect the rights of children during a legal process. The quantitative results proofed that a protocol as a hands-on guideline, is a much needed tool for the professional role-player in practice. From the study it was concluded that the existence of a protocol will enable the professional role-player to protect children’s rights during a legal process. Important recommendations included the following: <li>Specific skill training of the professional role-players in working with children.</li> <li>The value of implementing a separate family court system, involving all the professional role-players.</li> <li>The different professional role-players should respect each other’s profession, their abilities and skills and perform as a team to the benefit of the children in the legal process. Working against each other is to work ego-centered in stead of child-centered.</li> / Thesis (DPhil (Social Work))--University of Pretoria, 2007. / Social Work and Criminology / unrestricted

"The problem of displacement remains formidable, especially in Africa. It is exacerbated by Afirca's continuous conflicts and bad policies that are taken and effected in the name of development. Women and children remain the worst victims of internal displacement. This is so because in real life, women and children are vulnerable. Thus adding on internal displacement is too much for them. There is still no international enforceable mechanism by which the protection of the rights of internally displaced persons (IDPs), and in particular women and children, can be ensured. This leaves such rights at the mercy of the states within which the internal displacement occurs. ... Chapter 2 will comprise of analysis of who an IDP is and the magnitude of the problem of internal displacement in Uganda and the DRC. This will also entail identification of the causes of internal displacement in both countries. Chapter 3 will identify and critically analyse the rights of women and children as IDPs. This analysis will focus on the conditions prevailing in Uganda and the DRC. Chapter 4 will come up with detailed and comprehensive recommendations as to what can be done to attain the acknowledgement, protection and enforcement of the rights of women and children that arise out of internal displacement. Chapter 5 will have a suitable conclusion to the study. It will show whether the findings of the study prove its hypotheses." -- Introduction. / Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2004. / Prepared under the supervision of Prof. Jean-Didier Boukongu and Dr. Atangcho Ndji Akonumbo at the Catholic University of Central Africa, Yaounde, Cameroon / http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html / Centre for Human Rights / LLM

"Elections form a key component of democratic governance. Democracy denotes a political system that, among other things, allows citizens to freely choose their government over time through credible, legitimate and acceptable elections; a system which accords them adequate participation in national affairs and a system in which the national affairs are run in a transparent and accountable manner. Democracy as a concept rests upon the consideration that a political leadership in a country must be chosen through an electon governed by fair rules under which social groups and political forces may compete on equal terms. Research has shown that HIV and AIDS may have adverse effects on democracy in Southern Africa. Electoral systems, voter participation, electoral management and administration and political institutions are among the areas of democratisation most affected by HIV/AIDS. ... Chapter one introduces the topic, the research questions to be answered by the research and the research methodology. It also contains a brief literature survey of the research on this topic so far. Chapter two sets out the legal framweork, it gives an analysis of states obligations to ensure political participation based on international and regional standards. The rights of HIV/AIDS infected and affected persons to participate in government and the meaning of [the] right to vote is discussed. The application of the international law obligations to promote and fulfill [uman rights] are discussed and the question 'Do governments have a duty to set up special mechanisms to address the HIV/AIDS pandemic within the electoral context?' is answered. Chapter three is an examination of the relationship between HIV/AIDS and political participation. A brief overview of current electoral statistics and statistics of the trend of the HIV/AIDS pandemic are given. The chapter examines the possible reasons for lack of participation by HIV/AIDS infected and affected persons. Chapter four is a critical analysis of some responses that can be adopted to address the situation. It focuses on mechanical and structural reforms to the electoral process: amending electoral laws and policies to include postal, proxy and other special voting mechanisms; providing for specific legal obligations, for example to have mobile registration and polling stations, to ensure that there is a polling station within a specific distance so that people do not have to walk far and stand in long queues in order to vote. The failure to meet such obligations must have specific legal consequences. Chapter five suggests a more controversial reform of lowering the voting age to address the impact of HIV/AIDS on democracy and children. Chapter six [includes the] conclusion and recommendations." -- Introduction. / Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2005. / Prepared under the supervision of Dr. Naz K. Modirzadeh at the Department of Law, American University in Cairo, Egypt / http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html / Centre for Human Rights / LLM

"The domestic courts have not been able to enforce international human rights in Mozambique and there are no institutions to address the concerns of victims of human rights abuses. A limited number of NGO's operating in the field of human rights play a role, which is not significant considering the number. Several factors, for example, the lack of knowledge of international human rights instruments by the people in charge of administration of justice such as judges, prosecutors, or even lawyers and legal assistants, may explain this. The present paper is an attempt to explore why the international human rights norms are not enforced in the Mozambican legal system; this will be done in a comparison with the situation [in] Ghana. ... This paper is structured in five chapters. Chapter one is the introductory chapter, it essentially introduces the topic, discusses the manner in which the research will be caried out, namely the methodological approach used, literature review, objectives of the study and its limitations, [and] last but not least, it outlines the research questions and the hypothesis. Chapter two gives the definitions of the main concepts used in this paper; it goes further in discussing the relationship between national law and international law focusing [on] the theories of monism and dualism. It also analyses the constitutional provisions dealing with international law in the Mozambican and Ghanaian legal order in the light of the monist and dualist theories. Chapter three discusses the sources of international human rights law and their implications [for] the enforcement of internationl human rights law in domestic courts. It goes further by discussing the principles governing domestic applicability of international human rights law and finally discusses the obstacles to the enforcement. Chapter four is the case study of this paper: it analyses how international human rights law is enforced by domestic courts in Mozambique and Ghana and several other aspects around the judiciary and the international human rights law training. Chapter five finally draws conclusions and gives recommendations on what should be done to ensure the enforcement of international human rights law in domestic courts." -- Introduction. / Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2005. / Prepared under the supervision of Professor Kofi Quashigah at the Faculty of Law, University of Ghana / http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html / Centre for Human Rights / LLM

"Therefore, the aims of the study are to explore the origin, nature and purpose of fact-finding missions, to explore what is currently on the ground, to expose the inherent deficiencies in the current practice, which compromise the missions' capacity to promote and protect human and peoples' rights. Having identified the shortcomings, lessons and inspiration will be drawn from the practice and rules of procedure of other regional and international treaty monitoring bodies, particularly the Inter-American Commission on Human Rights (IACHR). The starting point of the analysis shall be to identify the various fact-finding related issues that arose in the response of the Government of Zimbabwe to the African Commission on Human and Peoples' Rights (ACHPR) report. A survey of the reaction and response of other countries in which similar fact-finding missions were conducted, shall be carried out to gauge the consistence or otherwise in the ACHPR's practice. It shall be strongly suggested that the ACHPR should substantially borrow from other human rights systems, if necessary. After closely observing these issues, the study will come up with a position and firm recommendations to the ACHPR in terms of which its practice can be revamped for the achievement of an effective and progressive promotion and protection of human and peoples' rights as contemplated by the African Charter. ... This study has four chapters. Chapter one constitutes introductory remarks putting the study into context and the justification thereof. Chapter two explores the nature, origin, forms and importance of fact-finding in human rights protection. It searches for the underlying principles governing credible and plausible fact-finding. Chapter three analyses the ACHPR fact-finding practice to see what is there and critically compare it to the IACHR, UN and ILO practice. It aims at demonstrating the strengths and weaknesses of the African system. Chapter four revisits the weaknesses unearthed in chapter three and proposes recommendations for overall improvement. The study concludes by soliciting draft rules of procedure from the general principles explored in chapter two, combined with lessons learnt from other systems in chapter three. The model fact-finding rules of procedures are marked Annexure A at the end of this work." -- Introduction. / Thesis (LLM)--University of Pretoria, 2005. / http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html / Centre for Human Rights / LLM

Examines the actual reasons for sterilization of women living with HIV/AIDS and examines the reproductive rights of women living with HIV/ AIDS in light of existing legislation. Gives an overview of how the problem has been dealt with in other jurisdictions. Also discusses the human rights instruments and mechanisms addressing such violation of women's rights. / A dissertation submitted to the Faculty of Law University of Pretoria, in partial fulfilment of the requirements for the degree Masters of Law (LLM in Human Rights and Democratisation in Africa). Prepared under the supervision of Odile Lim Tung, Faculty of Law and Management, University of Mauritius, Mauritius. / LLM Dissertation (Human Rights and Democratisation in Africa -- University of Pretoria, 2009. / http://www.chr.up.ac.za/ / Centre for Human Rights / LLM