The study focuses on the implementation of the prisoners’ right to remunerated labour in Mozambique. It takes on a human rights-based approach to prisoners’ rights, arguing for the provision of remunerated labour as a measure to enhance a fundamental right to work to the most vulnerable members of the society who are prisoners. Within this broad rubric, the following questions are investigated: (1) What are the domestic, regional and international standards in respect of remunerated labour applicable to prisoners? (2) Has Mozambique complied with the duties arising from these obligations? (3) How can the enforcement of these undertakings be ensured? / 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 Prof Frans Viljoen of the University of Pretoria Centre for Human Rights. / LLM Dissertation (Human Rights and Democratisation in Africa -- University of Pretoria, 2010. / http://www.chr.up.ac.za/ / Centre for Human Rights / LLM

This research focuses on the role that International Human Rights Law, policy and legislation should play in the protection of the rights of internally displaced children against child marriage. This thesis examines international treaties and domestic laws that purport to prohibit the practice of child marriage with particular attention to laws relating to the protection of internally displaced children (IDPs). / Mini Dissertation (LLM (Human Rights and Democratisation in Africa))--University of Pretoria, 2007. / Dissertation submitted to the Faculty of Law of the University of Pretoria, in partial fulfilment of the requirements for the degree of Masters of Law (LLM in Human Rights and Democratisation in Africa). Prepared under the supervision of Dr Lana Baydas at the Department of Law, American University in Cairo, Egypt. 29 October 2007 / www.chr.up.ac.za / Centre for Human Rights / LLM

This paper focuses on the the interplay between Free Trade Zones (FTZs) and labour rights. It seeks to determine the effects of FTZs on the full realization of labour rights in Mozambique and Namibia. / Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2007. / 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 Dr Paulo Comoane of the Unicersidade Eduardo Mondlane, Maputo, Mozambique. / http://www.chr.up.ac.za/ / Centre for Human Rights / LLM

Women’s rights have been recognized by national, regional and international human rights instruments. In Africa particularly, both the African Charter and the African Women Protocol provide for the right to health. However, the continent offers the highest rate of women suffering from fistula. This paper aims to answer the question whether the current level of governments’ response to the plight of victims of obstetric fistula, complies with the requirements of international human rights law. It looks at whether the consideration of victims of fistula from a right-based approach will contribute to affordability and free access to treatment for women suffering from the disease / Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2008. / 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 Prof. Doutor Gilles Cistac, of the faculty of law, Universidade Eduardo Mondlane, Mozambique / http://www.chr.up.ac.za/ / Centre for Human Rights / LLM

"This dissertation seeks to investigate: (a) whether national human rights institutions are best suited to oversee the improvement of prison conditions; (b) why national institutions are in a better position than others working in this field to monitor the respect of prisoners' rights; and (c) some of the ways in which national institutions can achieve this objective. This will entail an examination of the nature of prisoners' rights and prison conditions and, thereafter, the general character and elements that define national human rights commissions in terms of organization and establishment. These elements will be considered with a view to finding out whether they offer any advantages that can positively influence the conditions of prisons and prisoners and if so, how. It is recognized that national institutions are not the only ones involved in seeking to improve prison conditions. It will be argued however, that even with the existence of the other bodies, there still exists the need for national institutions to be expressly mandated to inspect and monitor the adherence to standards on prisoners' rights. The argument will again be based on the examination of the unique characteristics that these institutions possess as distinguished from other bodies, and the potential these characteristics have to ameliorate the conditions in which prisoners find themselves. ... Chapter one introduces the study and the questions that have prompted the study. Chapter two looks at the nature of pisons, how they began to be and what purposes they serve. This chapter also examines the conditions of prisons in Africa. The scope of chapter three is prisoners' rights, what they are, their justification and the legal regime that regulates their observance. Chapter four focuses on the implementation aspect by looking into what national human rights instiutions are. The final chapter will examine how national institutions have utilized or might utilize their characteristics in favor of the protection of the human rights of prisoners. Conclusions and recommendations will then follow." -- Chapter 1. / Prepared under the supervision of Dr. Jean Allain at the Political Science Department, American University in Cairo, Egypt / Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2003. / http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html / Centre for Human Rights / LLM

I believe that the most important components of transitional justice must be the rights of victims, which include the right to the truth, the right to acknowledgment, the right to reparations and the obligation to take steps to ensure that violation will not occur again. In many societies, transition from war to peace or from dictatorship to democracy has been dominated by a debate on how best past massive human rights violations can be addressed without undermining a fragile and transitional peace. Therefore, political considerations have entirely shaped legal solutions adopted to bring about transitions with less regard to accountability and appropriate remedy for victims of human rights abuses and violations. / Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2011. / http://www.chr.up.ac.za/ / nf2012 / Centre for Human Rights / LLM

The African Charter on Human and Peoples’ Rights is turning 30 since its adoption. The Charter is also soon turning to its 20 in Mauritius since ratification. The Charter indeed has been hailed for its unique normative content and aspired to be a beacon of human rights in the Continent which has attracted the attention of academicians as well as experts in the field of human rights. The Charter has undoubtedly affected domestic systems through the promotional and protective mandates exercised by the African Commission. How much the Charter has actually influenced domestic human rights practices however, has not yet formed much of the available literature. More so, Mauritius being a party to the Charter for nearly two decades has not enjoyed the attention of writers on the African Charter. Not much is known as to the interactions of Mauritius with the African system which calls for investigation of how much the Charter has influenced the domestic system for two decades long. Beyond formidable normative content, the success of a human rights system depends on the impact it exerts on domestic systems through shaping the behaviours, actions and practice of domestic institutions. Such reflection is therefore, important to gauge the impact of the African Charter and profile its future towards success. This study attempts to enlighten the impact of the African Charter in Mauritius by embarking on examination of the practices of domestic institutions and actors offering unexploited area to ponder critically. / Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2011. / http://www.chr.up.ac.za/ / nf2012 / Centre for Human Rights / LLM

Abortion is a controversial issue. It is subject of heated debates stemming from morality and ethics. Abortion is also, however, a question of rights. Access to abortion weighs the rights of the foetus against the rights of the mother. Women being denied access to safe and legal abortion due to criminalisation and restrictive abortion laws, is also a matter of human rights. Women die every year as the result of unsafe abortion methods. This thesis focuses on access to safe and legal abortion, and examines if and how public international law protects women’s access to abortion. It addresses the topic of reproductive rights and health, and whether this set of rights constitutes any protection for access to safe and legal abortion. Human rights that are actualised in relation to abortion include for example the right to life, right to privacy and right to health. Relevant provisions in CEDAW, ICCPR and ICESCR are analysed, together with general comments and reports issued by the treaty monitoring bodies of the UN. The second part of the thesis focuses on access to safe and legal abortion under the ECHR and examines relevant case-law from ECtHR on the topic. In addition to the legal dogmatic method, a feminist legal theory is used to critically evaluate whether the current protection of access to safe and legal abortion is sufficient from a women’s rights perspective. The author concludes that public international law does not offer any direct protection of access to safe and legal abortion. Instead, access to safe and legal abortion can be protected indirectly by other human rights. Restrictive abortion laws that results in risking the health and life of the mother can violate women’s human rights. Case-law from the ECtHR shows that European states are under a positive obligation to provide an effective access to abortion under the right to privacy, if the national law guarantees such a right. The result from the discussion based on feminist legal theory shows that public international law fails to recognise the abortion issue as a question of gender equality and discrimination against women.

Protection of reproductive rights in the case law of European Court of Human Rights Abstract Irrespective of the fact that reproduction and sexuality are very intimate issue for each person, reproductive rights very often face restrictions, doubts, and attacks. This is also the case in Europe. Hence this paper deals with the topic of protection of reproductive rights in Europe, more specifically with the stance on the protection of these rights by the European Court of Human Rights. The aim of this paper is to explore the stance of ECHR on the protection of these rights. The author of the paper asks the research question: What is the position of ECHR regarding the protection of reproductive rights? At the same time, the paper points out to certain defects in the Czech legal regulation which could, arguably, lead to violation of the European Convention on Human Rights. The paper uses the method of critical analysis on the decisions of ECHR and evaluates the significance of these decisions. The paper uses the case law of ECHR as the primary source while drawing on subsidiary sources such as international organizations' documents or academic articles. Reproductive rights are examined through the human-rights approach with the emphasis on the women's rights in this area. This paper is divided into three parts....

This research focuses on the possibility of discrimination towards men and any violation of men's right to parenthood. In modern times, the obsolete prejudices about men and their detachment from the upbringing of children started fading; thus is urged to examine the actual situation of men in the matter. That is to say, this paper addresses the issue from its ontological definition to the stipulated by legal bodies. It reviews the data about fathers’ (singles or in a same-sex relationship) personal experiences and society's reception of this new form of family. It compares the situation between men and women, analyzes the information, and intends to discover if there is any pattern that reflects a bias against men and the desire to become a father.