The Canada-Colombia Free Trade Agreement (CCOFTA) came into force in August 2011 amidst concerns that the provisions protecting Canadian investment in Colombia could exacerbate the precarious human rights situation. The Agreement concerning Annual Reports on Human Rights and Free Trade between Canada and Colombia was negotiated to address such concerns by enshrining the first ever human rights impact assessment (HRIA) of a free trade and investment agreement (TIA) in an internationally binding instrument. This thesis builds on a growing body of international legal scholarship that has considered the duty of home states of private investors to regulate their activity in the host state so as to prevent them from causing or contributing to human rights and environmental harm. It examines state obligations found in human rights, environmental and general principles of international law to propose that while an obligation might exist for the home state to exercise unilateral regulation of its investors, in the presence of a TIA that could cause or enable private human rights or environmental harm, investor regulation through the TIA can be seen as duty for both the home and host states. In view of the absence of such regulation in the CCOFTA, this thesis will consider if the annual HRIA mechanism is an alternative for preventing human rights and environmental harm caused or enabled by the TIA. It is submitted that while HRIAs of TIAs are a novel concept for which little international practice exists, this mechanism has the capacity to provide concrete evidence of human rights or environmental harm caused or enabled by the TIA, but only if based on a methodological model that uses existing state international human rights law obligations as indicators to measure a change in the human rights situation, draws unequivocal causal links between the investment protection provisions and human rights indicators, and allows for broad public participation, especially from the most marginalized and underrepresented groups in the host state to validate its methodology and findings. While under international law all investment-exporting states might have a duty to conduct HRIA on the effects of a proposed TIA as part of the due diligence to prevent transnational harm, the enshrinement of such assessments in an internationally binding instrument triggers a duty for the home state to, on one hand use the HRIA mechanism to prevent transnational human rights or environmental harm and, on the other hand, structure its annual assessments according to the described model in order to give effect to the duty to prevent. Broad and inclusive participation of the local affected communities from the host state in the HRIA becomes an integral component of the home state duty to prevent that can be expected to reveal any negative effects on the human rights situation from the TIA provisions, as well as the type of action required from both states parties to address them.

The Canada-Colombia Free Trade Agreement (CCOFTA) came into force in August 2011 amidst concerns that the provisions protecting Canadian investment in Colombia could exacerbate the precarious human rights situation. The Agreement concerning Annual Reports on Human Rights and Free Trade between Canada and Colombia was negotiated to address such concerns by enshrining the first ever human rights impact assessment (HRIA) of a free trade and investment agreement (TIA) in an internationally binding instrument. This thesis builds on a growing body of international legal scholarship that has considered the duty of home states of private investors to regulate their activity in the host state so as to prevent them from causing or contributing to human rights and environmental harm. It examines state obligations found in human rights, environmental and general principles of international law to propose that while an obligation might exist for the home state to exercise unilateral regulation of its investors, in the presence of a TIA that could cause or enable private human rights or environmental harm, investor regulation through the TIA can be seen as duty for both the home and host states. In view of the absence of such regulation in the CCOFTA, this thesis will consider if the annual HRIA mechanism is an alternative for preventing human rights and environmental harm caused or enabled by the TIA. It is submitted that while HRIAs of TIAs are a novel concept for which little international practice exists, this mechanism has the capacity to provide concrete evidence of human rights or environmental harm caused or enabled by the TIA, but only if based on a methodological model that uses existing state international human rights law obligations as indicators to measure a change in the human rights situation, draws unequivocal causal links between the investment protection provisions and human rights indicators, and allows for broad public participation, especially from the most marginalized and underrepresented groups in the host state to validate its methodology and findings. While under international law all investment-exporting states might have a duty to conduct HRIA on the effects of a proposed TIA as part of the due diligence to prevent transnational harm, the enshrinement of such assessments in an internationally binding instrument triggers a duty for the home state to, on one hand use the HRIA mechanism to prevent transnational human rights or environmental harm and, on the other hand, structure its annual assessments according to the described model in order to give effect to the duty to prevent. Broad and inclusive participation of the local affected communities from the host state in the HRIA becomes an integral component of the home state duty to prevent that can be expected to reveal any negative effects on the human rights situation from the TIA provisions, as well as the type of action required from both states parties to address them.

Education is since the inception of the world regarded as the formal process by which society conveys its accumulated knowledge, skills, customs and values from one generation to another. Today, education is a human right and the right to education and specifically the right to (a) basic education is acknowledged and emphasised worldwide. In South Africa, the right to a basic education is entrenched in the Constitution and is regarded as one of the most crucial constitutional rights, particularly because it promotes economical and social well-being. The protection of a child’s right to a basic education in terms of the South African Constitution together with the most important international instruments pertaining to education will be extensively discussed and the most important similarities and differences between, and challenges in the legal systems of South Africa, New Zealand and Namibia regarding a child’s right to (a) basic education will be addressed with due consideration of factors such as early childhood development and education, mother tongue education and HIV/AIDS which may affect a child’s right to (a) basic education. It is submitted that the success of any country, whether it is social, financial or economic success, depends on how its citizens are educated. Moreover, a good education system is crucial, not only for ensuring that its populace are well educated, but also for optimal human development and for the maintenance and preservation of socially responsive economic and political systems. Education is a life-long process and in order to give effect to the right to (a) basic education, the adoption and implementation of the recommendations made throughout this study are proposed. / Private Law / LL.D.

Education is since the inception of the world regarded as the formal process by which society conveys its accumulated knowledge, skills, customs and values from one generation to another. Today, education is a human right and the right to education and specifically the right to (a) basic education is acknowledged and emphasised worldwide. In South Africa, the right to a basic education is entrenched in the Constitution and is regarded as one of the most crucial constitutional rights, particularly because it promotes economical and social well-being. The protection of a child’s right to a basic education in terms of the South African Constitution together with the most important international instruments pertaining to education will be extensively discussed and the most important similarities and differences between, and challenges in the legal systems of South Africa, New Zealand and Namibia regarding a child’s right to (a) basic education will be addressed with due consideration of factors such as early childhood development and education, mother tongue education and HIV/AIDS which may affect a child’s right to (a) basic education. It is submitted that the success of any country, whether it is social, financial or economic success, depends on how its citizens are educated. Moreover, a good education system is crucial, not only for ensuring that its populace are well educated, but also for optimal human development and for the maintenance and preservation of socially responsive economic and political systems. Education is a life-long process and in order to give effect to the right to (a) basic education, the adoption and implementation of the recommendations made throughout this study are proposed. / Private Law / LL. D.

It is common knowledge that owing to their particular vulnerability children worldwide falls prey to physical and/or sexual violence in the home and/or community or witness criminal acts. Consequently children are called upon to testify in a court of law to cruelties or acts of violence. As a result of their developmental shortcomings and immaturity, children find the criminal justice system extremely intimidating and challenging. The importance of realising a justice system that not only affords an accused person the right to a fair trial but also protects and safeguards the rights of the child victims of and witnesses to the crime is thus indisputable. The purpose of this research was therefore to assist the South African criminal justice system in its on-going challenge to find a balance between the right of the accused person to a fair trial and the protection and safeguarding of the rights of child victims and child witnesses. The protection and safeguarding of the rights of child victims and child witnesses in terms of the South African Constitution, applicable domestic law and international instruments relating thereto were extensively discussed and shortcomings identified. Possible solutions to ensure that child witnesses and child victims are adequately protected and supported during the trial stage of the criminal process were advanced. Particular emphasis was placed on the role of an intermediary in assisting child victims and child witnesses during the court process. Comparative research on the protection of child victims and child witnesses in the criminal justice systems of New Zealand and Namibia were also conducted. Conclusions drawn from comparative studies were used to recommend appropriate changes to the current system. It is submitted that the adequate protection and safeguarding of the rights of child victims and child witnesses are dependent not only on sound legal principles but also on governmental and other involved stakeholders’ commitment toward the realisation of these rights. In order to give proper effect to the protection and safeguarding of child victims’ and child witnesses’ rights, it is proposed that the recommendations made throughout this study should be adopted and implemented. In this regard the role of an intermediary is crucial and the use of intermediaries should be promoted. / Private Law / LL.D.