This paper has concluded that the Diaspora contribute to the development of social, economic and political fields, which also means a high level of poverty reduction. This has been largely possible not least because of developments in computing and telecommunications, but also through the Diaspora's grassroots involvement. By being the only player who can get access to specific locations, and through their local knowledge the Diaspora can easily be seen as legitimate actors and therefore also play a unique role in peace processes. They are also not tied to bureaucratic structures on which they can act with direct effect. For example, they can assist quickly to different kinds of crisis situations, such as environmental disasters. Many governments and organizations are interested in cooperating with the Diaspora, but they also see many challenges with it. Further on, Diaspora can feel that their voices are not always heard. The essay has also reached a conclusion that a balance between the UN's two main conventions International Convention on Economic, Social and Cultural Rights and the Covenant on Civil and Political Rights increasingly may arise. This is thanks to the co-operations between liberal organizations and the Diaspora whose efforts may be in the private markets to create jobs and development, and their contributions in construction of social infrastructure. Other impacts on the organizational level may be towards more complex models of organization and partnerships, where not least the private sector may be included to a greater extent, which also demonstrates the enhanced globalization trends, where the private market is seen to be the answer to the solution of poverty. As regards to States and the role of various actors in these somewhat newer landscapes, they can also be a result from the processes of globalization and shifts in power from the state to the different levels at which non-state actors gets a stronger role. These processes may also have contributed to greater regionalization; forces which this paper found over time may be a competitor to a weak UN (and the EU) and therefore attract the Diaspora who also may find themselves to be better received there.

Various South African government reports list food security as a development priority. Despite this prioritisation and despite the fact that South Africa is currently food self-sufficient, ongoing food shortages remain a daily reality for approximately 35% of the South African population. The government's commitment to food security to date of writing (being 30 November 2011) manifests in related policies, strategies, programmes and sectoral legislation with the focus on food production, distribution, safety and assistance. A paradigm shift in the international food security debate was encouraged during 2009, namely to base food security initiatives on the right to sufficient food. During a 2011 visit to South Africa, the Special Rapporteur for the Right to Food of the United Nations, accordingly confirmed that a human rights-based approach to food security is necessary in the South African legal and policy framework in order to address the huge disparities in terms of food security (especially concerning geography, gender and race). A human rights-based approach to food security will add dimensions of dignity, transparency, accountability, participation and empowerment to food security initiatives. The achievement of food security is further seen as the realisation of existing rights, notably the right of access to sufficient food. The right of access to sufficient food, as entrenched in section 27(1)(b) of the Constitution of the Republic of South Africa, 1996 will accordingly play a central role within a human rights-based approach to food security. Section 27(2) of the Constitution of the Republic of South Africa, 1996 qualifies section 27(1)(b) by requiring the state to take reasonable legislative and other measures, within its available resources, to achieve the progressive realisation of each of the section 27(1) rights. The South African government's commitment to food security, as already mentioned, currently manifests in related policies, strategies and programmes, which initiatives will qualify as other measures as referred to in section 27(2) mentioned above. This study, however, aims to elucidate the constitutional duty to take reasonable legislative measures as required by section 27(2) within the wider context of food security. This study is more specifically confined to the ways in which a human rights-based approach to food security as a development objective can be accommodated in South African national legislative measures. Hence, this study focuses on three national legislative levels, namely constitutional incorporation, the adoption of a framework law and revision of sectoral legislation. Several underlying and foundational themes are addressed in the course of this study, amongst others: (a) the development of the food security concept; (b) the relationship between food security and the right of access to sufficient food; (c) key elements of a human right-based approach; and (d) the increasing trend to apply a human rights-based approach to development initiatives in general, but also to food security. / Thesis (PhD (Law))--North-West University, Potchefstroom Campus, 2012

Various South African government reports list food security as a development priority. Despite this prioritisation and despite the fact that South Africa is currently food self-sufficient, ongoing food shortages remain a daily reality for approximately 35% of the South African population. The government's commitment to food security to date of writing (being 30 November 2011) manifests in related policies, strategies, programmes and sectoral legislation with the focus on food production, distribution, safety and assistance. A paradigm shift in the international food security debate was encouraged during 2009, namely to base food security initiatives on the right to sufficient food. During a 2011 visit to South Africa, the Special Rapporteur for the Right to Food of the United Nations, accordingly confirmed that a human rights-based approach to food security is necessary in the South African legal and policy framework in order to address the huge disparities in terms of food security (especially concerning geography, gender and race). A human rights-based approach to food security will add dimensions of dignity, transparency, accountability, participation and empowerment to food security initiatives. The achievement of food security is further seen as the realisation of existing rights, notably the right of access to sufficient food. The right of access to sufficient food, as entrenched in section 27(1)(b) of the Constitution of the Republic of South Africa, 1996 will accordingly play a central role within a human rights-based approach to food security. Section 27(2) of the Constitution of the Republic of South Africa, 1996 qualifies section 27(1)(b) by requiring the state to take reasonable legislative and other measures, within its available resources, to achieve the progressive realisation of each of the section 27(1) rights. The South African government's commitment to food security, as already mentioned, currently manifests in related policies, strategies and programmes, which initiatives will qualify as other measures as referred to in section 27(2) mentioned above. This study, however, aims to elucidate the constitutional duty to take reasonable legislative measures as required by section 27(2) within the wider context of food security. This study is more specifically confined to the ways in which a human rights-based approach to food security as a development objective can be accommodated in South African national legislative measures. Hence, this study focuses on three national legislative levels, namely constitutional incorporation, the adoption of a framework law and revision of sectoral legislation. Several underlying and foundational themes are addressed in the course of this study, amongst others: (a) the development of the food security concept; (b) the relationship between food security and the right of access to sufficient food; (c) key elements of a human right-based approach; and (d) the increasing trend to apply a human rights-based approach to development initiatives in general, but also to food security. / Thesis (PhD (Law))--North-West University, Potchefstroom Campus, 2012

This thesis investigates young refugee women’s experience of the process of seeking access to justice for cases of Sexual and Gender-Based Violence in Nakivale refugee settlement in Uganda. A Human Rights-based Approach (HRBA) is chosen as an analytical framework to help conceptualise access to justice and to recognise Uganda’s commitment to refugees. A qualitative explanatory approach follows the narrative of Burundian and Congolese women.    Findings show that Nakivale refugee settlement has an overwhelming demand for legal services and support. Refugee women can raise a claim for justice through the established administrative structures in place within the settlement. All refugee women were aware of their entitlements to a remedy and on the process of reporting SGBV. Yet, the analysis shows that none of the SGBV-survivors of rape or sexual exploitation was able to have access to justice. Several barriers were brought forward, such as corruption among refugee welfare committees; limited staff and resources among partner organisations; a bureaucratic referral system; poor police investigations and an inability to persecute perpetrators. The consequences without effective and timely remedies led the interviewed women into further poverty and a continuation of violence and abuse.   This thesis concludes that Refugee Welfare Committees have to be attributed to some sort of compensation as validation for their work as justice providers to mitigate corruption among their leaders. Further research is encouraged to look into possibilities of extending the mandate and training for Refugee Welfare Committees, for refugee-based structures to be able to handle cases of SGBV.

Kränkningar av mänskliga rättigheter är ett återkommande problem inom den psykiatriska vården. Detta för att människor som söker vård inom psykiatrin ofta har nedsatt möjlighet att föra fram sina åsikter, vilket gör det svårt att involvera dem i vården. Syftet med studien är att undersöka patienters upplevelser av den psykiatriska vården i förhållande till värden i mänskliga rättigheter. Det empiriska materialet har samlats in genom 5 kvalitativa semistrukturerade intervjuer med individer som har erfarenhet av psykisk ohälsa och psykiatrisk vård. Materialet har analyserats utifrån en tematisk analys med hjälp av värdena värdighet och empowerment, jämlikhet och icke-diskriminering, delaktighet och inkludering samt transparens och ansvarstagande. Dessa värden har även legat till grund för de teoretiska utgångspunkter som har använts för att analysera materialet. Resultatet visar att det finns både positiva och negativa erfarenheter av den psykiatriska vården. Något som framgår som positivt var att ett gott bemötande från personal som präglas av lyhördhet och bekräftande är något som stärker individens självkänsla och tillit till psykiatrin. Det som beskrivs som negativt är bland annat långa väntetider, brist på kunskap och kompetens hos personal och att inte bli tagen på allvar. Detta bidrar till minskad tillit till psykiatrin och dess personal samtidigt som det sänker individens självkänsla och förmåga att fatta självständiga beslut angående sin egen vård. Utifrån studiens resultat och tidigare forskning krävs ytterligare forskning kring hur det rättighetsbaserade förhållningssättet ska implementeras i praktiken och att det ställer krav på ökade resurser samt kunskap och kompetens hos psykiatrins personal. / Violations of human rights are a recurring problem in psychiatric care. This is because people who seek medical care psychiatry often have reduced opportunities to express their opinions, which makes it difficult to involve them in their own care. The purpose of the study is to examine patients' experiences of psychiatric care in relation to human rights values. The empirical material has been collected through 5 qualitative semi-structured interviews with individuals who have experience of mental illness and psychiatric care. The material has been analyzed based on a thematic analysis using the values of dignity and empowerment, equality and non-discrimination, participation and inclusion as well as transparency and responsibility. These values have also been the basis for the theoretical starting points that have been used to analyze the material. The results show that there are both positive and negative experiences of psychiatric care. Something that appears to be positive is that good treatment from staff that is characterized by responsiveness and confirmation is something that strengthens the individual's self-esteem and trust in psychiatry. What is described as negative are, among other things, long waiting times, lack of knowledge and competence among staff and not being taken seriously. This contributes to reduced trust in psychiatry and its staff at the same time as it lowers the individual's self-esteem and ability to make independent decisions regarding their own care. Based on the results of the study and previous research, further research is required on how the human rights-based approach should be implemented in practice and that it requires increased resources as well as knowledge and competence of the psychiatric staff.

The purpose of this thesis is to analyze the understanding of human rights in Agenda 2030 and the role of companies by adopting a human rights-based approach to sustainable development. It applies a qualitative idea analysis of the primarily material where central concepts are operationalized by constructing a model of analysis based on dimensions. The dimensions of human rights as moral, politics and law, derives from previous research by the ethical theorist Elena Namli. A potential fourth dimension, the economic dimension of human rights, is further developed, applying research of the economists Dan Seymour and Jonathan Pincus. Furthermore, this research considers what Agenda 2030 indicates in terms of human rights obligations for companies and the impacts the perceived role of companies may have for human rights. Therefore, the theoretical framework is complemented by research of the political theorist Thomas Pogge's, and international lawyer Andrew Clapham’s ideas of human rights obligations for companies. The results show that Agenda 2030 encourages a multi-stakeholder approach and addresses companies as partners in order to achieve a sustainable development based on human rights. This can be regarded as an opportunity to enhance the respect, protection and fulfillment of human rights, inviting more actors to contribute in a complementary way to states. At the same time challenges remains in creating policies, accountability and monitoring mechanisms towards companies bothin terms of human rights and companies’ performance on the SDGs. Until there is more legal clarity, the moral question of what is good and fair business practice becomes central.

Magister Legum - LLM / The following thesis investigates the MACR in African Legal Systems. The MACR is the youngest age at which children in conflict with the law find themselves caught up in the harsh realities of the criminal justice system. Up until recently, debates around fixing a MACR had been successfully side-stepped since the adoption of the UNCRC in 1989. The UNCRC has provided for human rights for children on a global scale while the ACRWC provides for such rights regionally. Contracting States Parties to these treaties agree that there needs to be a MACR in place and have adopted a childrens rights-based framework for reviewing their current child laws, policies and practices in accordance with the minimum standards provided. They do not however, agree on what the fixed minimum age should be. / South Africa

AFRIKAANS: Hierdie proefskrif ondersoek die ontplooiing van die reg rakende persone met gestremdhede in die rigting van ʼn toenemend inklusiewe en geintegreerde regsorde wat die beskerming en bevordering van die regte van persone met gestremdhede op gelyke grondslag met alle ander persone bewerkstellig. Gestremdheid word aan die hand van twee uiteenlopende modelle beoordeel en hanteer. Die twee modelle - die mediese en die sosiale model van gestremdheid - verteenwoordig uiteenlopende opvattinge oor gestremdheid wat in duidelik onderskeibare regsbenaderings neerslag vind. Oor die onlangse dekades het die sosiale model beduidend veld teen die mediese model gewen. Dit het veral neerslag gevind in die internasionale reg, soos dit die afgelope dekades onder die aanvoering van die Verenigde Nasies in omvattende standaardisering en universalisering van menseregte ontwikkel het. Hierdie ontwikkelings word breedvoerig ondersoek. Die groeiende aanklank van die sosiale model ten koste van die mediese model is eweneens merkbaar in twee ander jurisdiksiegebiede, naamlik Europa – binne die konteks van sowel die Europese Raad as die Europese Unie - en die Verenigde State van Amerika. By albei weerspieel die ontplooiing van die positiewe reg ʼn verandering in die beskouing oor die regshantering van persone met gestremdhede. Daarvolgens word gestremdheid toenemend volgens ʼn sosiale model as ʼn vorm van diversiteit eerder as uitsluitlik in terme van ʼn mediese model as afwykend of abnormaal verstaan. Gestremdheid vereis ʼn besondere regsbedeling ten einde daadwerklike gelyke beregtiging vir persone met gestremdhede te verseker eerder as (net) mediese ingryping in ʼn “afwykende toestand” of ʼn “siektetoestand.” Die veranderde regsbedeling oor gestremdheid word deurlopend deur die prisma van die twee modelle beskryf en beoordeel. Na die uitklaar van die betekenis van die modelle aan die begin van die studie volg ʼn historiese oorsig wat die konteks vorm waarbinne die regsontwikkeling rondom gestemdheidsreg sedert die Tweede Wereldoorlog op internasionale terrein (onder die aanvoering van die Verenigde Nasies), in Europa, die VSA en in Suid-Afrika bespreek word. Die studie sluit af met gevolgtrekkings waarin die klem op ʼn beoordeling van die verandering van die reg rakende gestremdheid in die lig van modelle wat in die eerste hoofstuk toegelig is, val. ENGLISH: The thesis investigates a change in perception and the resulting altered juridical management of persons with disabilities towards a more inclusive and integrated public legal order. Such a change positions the protection and promotion of the rights and interests of persons with disabilities on an equal footing with that of other persons. Disability is dealt with and evaluated in relation to two opposing models. The two models of disability – the medical and the social – represent two different perceptions about disability that are laid down in clearly-distinguishable approaches in law. Over the recent decades the social model has gained considerable ground over the medical model. It has found particular favour in international law, as developed over the past decades in the comprehensive standardisation and universalising of human rights under the leadership of the United Nations. These developments are scrutinised thoroughly. The increasing acceptance of the social model to the detriment of the medical model is apparent in two other areas of jurisdiction, namely, Europe – within the context of the European Council and the European Union – and the United States of America. In both these the development of positive law reflects a change in view regarding the way disability is dealt with by the law. Disability is increasingly understood according to a social model as a form of diversity rather than exclusively in accordance with a medical model. Disability requires a unique legal dispensation in order to ensure genuine equal adjudication for persons with disabilities rather than a (mere) medical intervention as a “deviant state” or an “illness”. The changing legal dispensation regarding disability is continuously described and evaluated through the prism of the two models. After an exposition of the models at the beginning of the study a brief historical overview follows, constituting the context within which legal development since the Second World War in the international arena (by way of the activities of the United Nations), in Europe, the USA and South Africa, is discussed. The study ends with conclusions which emphasise an evaluation of the changes in disability law in light of the models that were expounded in the first chapter. / Thesis (LLD)--University of Pretoria, 2010. / Public Law / unrestricted

Focusing on the rights of children who are deprived of their family environment and remain in child-headed households in the context of the HIV epidemic in Africa cannot be more relevant at present as the continent faces a significant increase in the number of children who are left to fend for themselves due to the impact of the epidemic. The impact of the epidemic is so severe that it is likened to an armed conflict. In sub-Saharan Africa, an estimated 22.4 million people are living with HIV, and in 2008 alone, 2 million people died of AIDS-related illnesses. Such massive loss of human lives is itself a tragedy. However, the repercussions of the epidemic suffered by children may be less visible, yet are just as far-reaching, and in all likelihood longer lasting in their effects. Initially, it appeared that children were only marginally affected by the epidemic. Unfortunately, it is now clear that children are at the heart of the epidemic. In sub-Saharan Africa, an estimated 14 million children lost their parents to AIDS-related illnesses and an unimaginable number of children consequently find themselves in deepened poverty. Traditionally, children who are deprived of their family environment in Africa have been cared for by extended families. However, the HIV epidemic has dramatically affected the demography of many African societies. As the epidemic continues to deplete resources of the affected families and communities, extended families and communities find it more and more difficult to provide adequate care to the increasing number of children who are deprived of parental care. As a result, more and more children are taking care of themselves in child-headed households. The foremost responsibility of states with regards to children who are deprived of parental care is to support families and communities so that they are able to provide adequate care to children in need of care, thereby preventing children from being deprived of their family environment. While strengthening families and communities, as required by articles 20 of the Convention of the Rights of the Child and 25 of the African Charter on the Rights and Welfare of the Child, as well as other international guidelines such as the 2009 UN Guidelines for the Alternative Care of Children, states also have the responsibility to provide ‘special protection and assistance’ to children who are already deprived of their family environment and are living in child-headed households. The important question is how to interpret the right to alternative care, and special protection and assistance, with respect to children in child-headed households. The study examines the international standards and norms regarding children who are deprived of their family environment including children in child-headed households and explores the ways those children are supported and protected in South Africa, against the background of related developments in a number of different African countries, including Namibia, Southern Sudan and Uganda. In 2002, the South African Law Reform Commission made the important recommendation that child-headed households should be legally recognised. The Children’s Amendment Act (No 41 of 2007), which amended the comprehensive Children’s Act (No 38 of 2005) gave effect to this recommendation by legally recognising child-headed households under prescribed conditions. It is a bold step to strengthen the protection and assistance given to children in child-headed households. However, child-headed households should not be legally recognised unless all the necessary protection and assistance measures are effectively put in place. In order to design and implement the measures of protection and assistance to children in child-headed households, a holistic children’s rights-based approach should be a guiding light. A rights-based approach, which articulates justiciable rights, establishes a link between the entitlement of children as rights-holders and legal obligations of states as duty-bearers. States have the primary responsibility to provide appropriate protection and assistance to children who are deprived of their family environment. This is a legal obligation of states, not a charitable action. A rights-based approach is further important in that it ensures that both the process of mitigation strategies and the outcome of such efforts are firmly based on human rights standards. The study argues that legal recognition should be given to child-headed household only after a careful evaluation based on the international standards with regard to children deprived of their family environment. It further argues that measures of ‘special protection and assistance’ should be devised and implemented using a rights-based approach respecting, among others, children’s rights to non-discrimination, to participation and to have their best interests given a priority. / Thesis (LLD)--University of Pretoria, 2009. / Centre for Human Rights / unrestricted

No / As of April 2020, the IMF categorised seven African countries as being in debt distress, whilst identifying twelve more that were at high risk of becoming distress. It is no longer a secret that considered immutable and eternally binding, debt by the global south (i.e., poor developing African countries) has become a tool for imperial powers in the post-colonial world to enforce and perpetuate their dominance over the global south. This is despite serious global crises that emerge from, and/or were caused by the rich countries of the global north; specifically, the negative effects of the global financial crisis of 2008, devastating impact of Covid-19 pandemic, and impact of Russia-Ukraine war on the African economies and contribution to these debt vulnerabilities. Yet, the rich countries of the global north have insisted on these poor countries to continue financing their debts. The paper considers how African countries could legally cancel the repayment of the debts by relying on the principles of international law (such as pacta sunt servanda, limit to legal obligation to pay, force majeure, State of Necessity or rebus sic stantibus) and States’ declarations to commitment to sustainable development agenda (such as the European Union’s response to the adoption of the 2030 Agenda featured in its Commission’s 2016 Communication) could be used as justifying grounds for cancellation of Africa debts. The paper draws on international law and development in the light of dependency and postcolonial theories and employs the human rights-based approach, interdisciplinary and critical-analytical perspective and using qualitative empirical evidence from rich countries and institutions of the global north and poor developing countries of the global south for analysis. / The full-text of this article will be released for public view at the end of the publisher embargo on 8th June 2024.