Esta dissertação apresenta uma reflexão de teoria política normativa a respeito da tolerância no plano mundial adotando uma perspectiva tributária do individualismo ético e dos contratualismos rawlsiano e kantiano. Sua argumentação defende uma interpretação individualista e universalista da tolerância enquanto virtude política institucional. Justificar-se-á a idéia de que a tolerância requer uma lista ampla de direitos humanos e que é um critério normativo de legitimidade política frente às comunidades internas e global / This dissertation presents a reflection of Political Theory about toleration in world plan adopting a perspective of ethical individualism and Rawlsian and Kantian contractualism. Its argumentation defends an individualist and universalist interpretation of toleration while institutional and political virtue. The idea will be justified as toleration requires an extensive list of human rights and that it is a moral criterion of politics legitimacy in front of internal and global communities

This paper aims to shed light on the intersex infant, a baby born with an unclear gender. The main goal of the paper is to discuss whether unnecessary gender normalizing surgeries on infants, also called intersex genital mutilation (IGM) that is not necessary to preserve the life or physical health of the infant is in the best interest of the child. Legal method will be used to frame the topic in a legal context and discourse analysis in combination with content analysis will be applied in order to understand the transformation of intersex, from being a social emergency to becoming a human rights issue. The use of the concept, the best interest of the child will serve as an analytical framework together with a theoretical framework consisting of queer theory. Together it will help to map out the human rights challenges regarding IGM as a socially constructed medical product that needs to be highlighted and prevented in order to secure the rights of the child. Hopefully, the concluding results will contribute to further awareness on the issue of unnecessary infant intersex surgery and frame it in a human rights context.

Magister Legum - LLM / This study investigates the the impact of armed conflict on child education in the Democratic Republic of Congo. Naturally, armed conflict affects negatively on people‟s life. In particular, armed conflict affects the education of children as military groups attack schools, schools children and teachers. Ultimately, armed conflicts also affect the quality of education children receive during hostilities. In light of this, the study assesses how the Congolese government, in line with international and regional human rights obligations, responds to the educational needs of children affected by armed conflict.

Orphanage volunteering in the Global South has experienced worldwide criticism in recent years as children’s rights violations have surfaced. This thesis examines the discourse of two organizations (“Global Crossroad” and“uVolunteer) that still offer orphanage voluntourism and assesses in what ways they display neo-colonial characteristics on their websites. The theoretical framework entails Said’s Orientalism, development aid critiques, and colonial discourse theorizing to contextualize interpretations. With Fairclough’s CDA method, this thesis aims to highlight how orphanage voluntourism is portrayed and how it may influence addressees to engage in short-term help, contributing to perpetuating orphanage voluntourism and its negative effects as well as unequal power structures. The CDA findings indicate the discourse primarily benefits the organizations, which profit from the erection of neocolonial power structures and ideological “truths” about the Global South, which are not in the best interest of the children. Finally, this thesis discusses the social implications of this discourse promotion and ways to improve child protection.

No description available.

In England around 68,000 children are currently looked after by the state. Sixty two per cent of this population are admitted to care or accommodation in response to abuse and neglect. As the United Nations Convention on the Rights of the Child acknowledges, the state has a unique responsibility for these children and is expected to ensure their safety, wellbeing and development. Underpinned by a rights-based framework the publications in the thesis make an original contribution to social work research, policy and practice, in respect of looked after children nationally and internationally. Three cohering theoretical strands - the new sociology of childhood, attachment theory and focal theory, and different methodological lenses, (from participatory research with young people to cross-national analysis of administrative data), are employed to advance understanding of the balance of protective, provisional and participatory rights ( 3 Ps ) for these children and young people. The work focuses upon their life pathways at two key stages in the lifespan: early infancy and adolescence into adulthood. Consistent with the theoretical underpinnings of the research, the methodological approach employed in two of the four core studies sought to promote children s active participation in the research process, and to give them a voice . The participatory peer methodology adopted moved beyond involving care experienced young people in interviewing their peers, to training and engaging them in several major aspects of the research cycle, including analysis of the data and the design and write up of the findings, to produce accessible peer research reports for young people. At the national level the work undertaken demonstrates how a needs-based discourse, and orientation towards considering looked after children as objects of concern, can mean that young children s protective rights may be prioritised in policy and practice, at the expense of their provisional and participatory rights. Children s participation rights are also constrained due to assumptions about the (in)capacities of younger children to express their wishes and feelings. In this context parents rights tend to be prioritised at the expense of the rights of the child. Whereas parents rights may take precedence when children are young, in adolescence the rights of parents are more peripheral. Cross-national comparisons reveal variations in how young people s provisional, participatory and protective rights are balanced as young people negotiate the transition from care to adulthood in western societies, as well as different drivers for reform. Empirical research on recent policy developments in England also illuminates the tensions and dilemmas professionals can face as they attempt to protect and provide for young people, whilst recognising their evolving capabilities and their right to autonomy and active participation in decision making processes. Finally, the studies highlight that young people with the most complex care histories may be denied the right to decide for themselves if they want to remain in foster or residential care into early adulthood.

Thesis (LLM. (Management and Development)) -- University of Limpopo, 2014 / Every accused person has the right to a fair trial which encompasses the right to adduce and challenge evidence in court. Whilst the Constitution of the Republic of South Africa confers the right to legal representation, an accused person may still opt to conduct his or her own defence. Once an unrepresented accused opts to conduct his or her own defence, the presiding officer then becomes obliged to assist the undefended accused to present his or her own case. South Africa adheres to the accusatorial / adversarial system. Under the accusatorial / adversarial system the presiding judicial officer is in the role of a detached umpire, who should not descend the arena of the duel between the state and the defence for fear of becoming partial or of losing perspective as a result of the dust caused by the affray between the state and the defence. Under the accusatorial/adversarial system, a presiding officer may find it challenging to assist an unrepresented accused or may inadequately assist him or her. This may be so because a fair trial is not determined by ensuring exercise of one of the rights to a fair trial but all the rights to a fair trial. This mini-dissertation, on the injunction of section 35 of the Constitution of the Republic of South Africa which makes provision for the rights to a fair trial, covers the different rights of an unrepresented accused. This is done alongside related provisions of the Criminal Procedure Act 51 of 1977 and pertinent case law. The fat that an unrepresented accused has waived legal representation at the expense of the state and has opted to conduct his or her own defence should not be to his or her peril. The court has a constitutional injunction to protect and advance the rights of an unrepresented accused. Justice must not only be done but must also be seen to be done.

<p>On the assumption that the Bill of Rights in the Malawi Constitution has brought change in the enjoyment of rights by women married under customary family laws, this research study examines its impact on African customary family laws that are discriminatory against women in Malawi. The main focus is on customary family laws governing marriage, divorce, children after divorce, and inheritance in both patrilineal and matrilineal systems of marriages. The extent to which this has been reflected in practice is assessed in the light of women&rsquo / s rights law reforms and courts&rsquo / adjudication of customary family law issues.</p>

<p>On the assumption that the Bill of Rights in the Malawi Constitution has brought change in the enjoyment of rights by women married under customary family laws, this research study examines its impact on African customary family laws that are discriminatory against women in Malawi. The main focus is on customary family laws governing marriage, divorce, children after divorce, and inheritance in both patrilineal and matrilineal systems of marriages. The extent to which this has been reflected in practice is assessed in the light of women&rsquo / s rights law reforms and courts&rsquo / adjudication of customary family law issues.</p>

The thesis deals with the essence of the children‘s rights notion and documents consolidating children‘s rights. Some aspects of children‘s rights regulation are defined and analysed in it.. The problems arising in the field of children‘s rights are reviewed in different literature sources and legal acts. Having gone deep into the essence of children‘s rights and contents, it was found out during the research that children were a complex part of human rights‘ system and they had other rights than adults. Nevertheless in practice we encounter quite a number of infringements with respect to children‘s rights. Children are the weakest element. Being physically immature and inexperienced they fully or partially depend on adults , however, in spite of this and referring to their age and maturity they should be presented the possibility of exercising the rights they are provided for by the family, community and state. Therefore further research should be aimed at these issues.