This study examines the notion of universal human rights in the context of the importance of social and economic rights for the agency and dignity of human beings. It argues that the recognition of basic rights to what is necessary for physical well-being is essential to any adequate theory of human rights, and that rights of the civil and political variety depend on the recognition of social and economic rights if they are to be exercised. Therefore the secondary status which is usually accorded to social and economic rights results in an imbalanced ideal of human rights both in theory and in practice. This study is an attempt to place second generation rights in their proper context and to argue for them as human rights of equal status and importance. It focuses on the derivation of human rights in general, and shows that second generation rights may be accommodated within this structure. It further supports this position by showing that the categorical differences which are asserted to exist between first and second generation rights are based on a mistaken conception of positive and negative rights and duties, as well as an inadequate conception of liberty. The thesis shows that all rights generate a variety of duties, both positive and negative, and that an adequate theory of rights has to be able to accommodate the inevitability of conflicts of rights at the level of their enforcement. Consequently, this study argues there is no reason to give either class of right primary importance, as both first and second generation human rights are essential to the agency and dignity of a human being, and they are thus interdependent. Furthermore, the thesis shows that human rights can be balanced at the level of the obligations which they generate without compromising the deontological nature of such rights. This thesis argues that a theory of rights which is rooted in the liberal democratic notion of rights, such as that characterised by the choice theory of rights, is inadequate. It therefore argues that a benefit theory of rights must be adopted in order to accommodate conflicts of rights when they arise. The thesis argues that as such conflicts of rights are" most common in cases involving the assertion of social and economic rights, this balancing of rights is of special significance for the enforcement of second generation rights. Furthermore, this thesis argues for a theory of minimal interdependence of first and second generation rights, in order to accommodate the notion of first and second generation rights of equal status and importance, as well as to prevent an inflation of rights claims which would compromise the balancing of rights. It is argued that a reordering of values is necessary to take account of material well-being, as well as civil freedom, as both of these generate fundamental rights of equal status and importance.

The global approach that pleads for the equality of all human beings and respect for human rights reaches children as well. Universal human rights should be awarded to all people and for all institutions, and, therefore, schools and children are no exception. Children's rights form an integral part of human rights. This study sets out to explore a management model to assist teachers in implementing children's rights. The study argues that schools are expected to be places of support and respect for children's rights. Instead, extreme violations take place in some schools. This occurs in spite of the children's rights laws that are in place. Most of the human rights transgressions are committed by teachers. The study offers a new approach for teachers to respect and promote children's rights in schools. The new approach is in the form of a model. A literature study and empirical research were undertaken, including national and international factors influencing children's rights. A number of serious gross violations were also explored. Qualitative focus groups and in-depth interviews formed the basis of the empirical research. Finally, a content analysis was conducted to categorise and evaluate data. The findings revealed that teachers still use corporal punishment, even if it is totally outlawed. Other violations discovered included the following: verbal abuse, sexual relationships with girl learners, failure by teachers to attend classes and failure to treat all learners equally. Recommendations in this study emphasise the need to train student teachers regarding human rights education. An induction programme for newly appointed teachers is viewed as ideal. Workshops are also recommended for both the teachers and Teacher Liaison Officers (TLO’s). The study finally identified areas in which further research should be done. / Thesis (PhD (Education Management))--North-West University, Potchefstroom Campus, 2013

The global approach that pleads for the equality of all human beings and respect for human rights reaches children as well. Universal human rights should be awarded to all people and for all institutions, and, therefore, schools and children are no exception. Children's rights form an integral part of human rights. This study sets out to explore a management model to assist teachers in implementing children's rights. The study argues that schools are expected to be places of support and respect for children's rights. Instead, extreme violations take place in some schools. This occurs in spite of the children's rights laws that are in place. Most of the human rights transgressions are committed by teachers. The study offers a new approach for teachers to respect and promote children's rights in schools. The new approach is in the form of a model. A literature study and empirical research were undertaken, including national and international factors influencing children's rights. A number of serious gross violations were also explored. Qualitative focus groups and in-depth interviews formed the basis of the empirical research. Finally, a content analysis was conducted to categorise and evaluate data. The findings revealed that teachers still use corporal punishment, even if it is totally outlawed. Other violations discovered included the following: verbal abuse, sexual relationships with girl learners, failure by teachers to attend classes and failure to treat all learners equally. Recommendations in this study emphasise the need to train student teachers regarding human rights education. An induction programme for newly appointed teachers is viewed as ideal. Workshops are also recommended for both the teachers and Teacher Liaison Officers (TLO’s). The study finally identified areas in which further research should be done. / Thesis (PhD (Education Management))--North-West University, Potchefstroom Campus, 2013

Thesis (Ph.D.)--University of Melbourne, Law School, 2008. / Typescript. Includes bibliographical references (leaves [1]-[47]).

No abstract available. / Dissertation (LLM)--University of Pretoria, 2013. / Public Law / unrestricted

Thesis (Ph.D.)--Bowling Green State University, 2006. / Document formatted into pages; contains vi, 334 p. Includes bibliographical references.

Thesis (Ph. D.)--University of California, San Diego, 2006. / Title from first page of PDF file (viewed September 8, 2006). Available via ProQuest Digital Dissertations. Vita. Includes bibliographical references (p. 675-701).

This work drafts some ideas in relation to new perspectives on the notion of human rights. It underlines two fields that show its widening: the sources where rights are born and the extension of its meaning. / Este trabajo esboza algunas ideas en relación a nuevas perspectivas de la noción derechos humanos y destaca, particularmente, dos ámbitos que demuestran su ampliación: las fuentes a través de las cuales estos derechos nacen y la extensión de su significado.

Please read the abstract in the section 00front of this document / Thesis (LLD)--University of Pretoria, 2007. / Jurisprudence / LLD / Unrestricted

Yes / Nigeria is one of many countries in Africa that criminalize same-sex relations, and this has been reinforced by law enforcement agencies and the courts. As part of efforts to protect LGBTQ (lesbian, gay, bisexual, transgender, and queer) persons from various forms of discrimination and violence, the growing LGBTQ movement sometimes approaches the court for rights enforcement. There is a dearth of cases specifically focused on lesbian rights except for a 2018 case, Pamela Adie v. Corporate Affairs Commission. This limits empirical evidence for assessing the role of the courts but also strengthens the case for an enquiry into how the courts can protect lesbians in Nigeria against discrimination on the grounds of their sexual identity. This chapter analyzes how intersecting categories of gender, sexual orientation, class, and location affect lesbians’ experiences of discrimination. It also explores impediments in laws and the formal justice system that result in discrimination, thereby affecting access to justice. The analysis reveals opportunities for the courts to adopt a proactive approach to interpreting fundamental rights guarantees in the constitution of the Federal Republic of Nigeria 1999. Pragmatic recommendations are made for a multi-stakeholder approach and cross-jurisdictional learning.