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Concerns the position of the United Kingdom with regard to the collective rights of indigenous peoples. / UN Job no.: G0511383 E. Material type: NGO written statements. Issued under agenda item 6, agenda document E/CN.4/2005/1. Issued under agenda item 15, agenda document E/CN.4/2005/1.

This thesis examines a number of closely connected counter-terrorist executive mechanisms in the United Kingdom (UK) and the manner in which they are administered, in order to evaluate the implications of the mechanisms for, and ultimately their compatibility with, the right to a fair trial under international human rights law (IHRL). More specifically, this study critically analyses Control Orders, Terrorism Prevention and Investigation Measures (TPIMs), and Temporary Exclusion Orders (TEOs). For reasons made clear in this thesis, these mechanisms are termed ‘counter-terrorist hybrid orders’ and are collectively analysed as such. As the study identifies a number of issues pertaining to the current design and administration of these mechanisms that can adversely affect the right to a fair trial, the thesis argues that they should be substantially reformed to make them more consistent with IHRL fair trial standards. Moreover, the thesis examines how these mechanisms, as they are currently designed and administered, have been accepted in a legal system with a recognised and long-established attachment to upholding high human rights standards. Having identified, generated and analysed a substantial body of research to perform this task, the thesis argues that the acceptance of the mechanisms as they are currently administered may have occurred as a result of the establishment of a state of ‘perpetual quasi-emergency’. This denotes a particular legal phenomenon in which the UK has responded to an evolving legal problem, namely, how to deal with terror suspects who cannot be prosecuted, deported, or indefinitely detained, in a manner that, whilst being grounded in law, actually resembles the behaviour of States enduring ‘prolonged emergencies’. The thesis asserts that the state of perpetual quasi-emergency, which creates the space necessary for the acceptance of these mechanisms, was established and is preserved by a number of legal and extra-legal factors. As such, some of the research, analysis and methods used to evaluate the phenomena in this study represents an original contribution to knowledge. This study encompasses a variety of approaches in order to examine a particular type of counter-terrorist power, the implications of these mechanisms for the right to a fair trial under IHRL, and the relationships between these issues and wider society. The study requires traditional doctrinal analysis when exploring what the right to a fair trial in the context of national security entails, and in order to examine the various counter-terrorist hybrid order regimes in light of this framework. When assessing what factors may play a role in the establishment and preservation of the state of perpetual quasi-emergency, the study necessitates methods which are less doctrinal and more socio-legal in nature.

Since the mid-1990s, American Internet service providers (ISPs) have enjoyed immunity from liability for defamation under Section 230 of the Communications Decency Act. As Congress originally intended in 1996, Section 230 has strongly protected freedom of online speech and allowed ISPs to thrive with little fear of being sued for online users' comments. Such extraordinary statutory immunity for ISPs reflects American free-speech tradition that freedom of speech is preferred to reputation. Although the Internet landscape has changed over the past 20 years, American courts have applied Section 230 to shield ISPs almost invariably. ISPs won in 83 of 85 cases in 1997 to 2014. Nearly all types of ISPs have been held to be eligible to immunity unless they are original online speakers. Even when ISPs have operated websites that have left digital "scarlet letters" on individuals, they have not been liable if the ISPs did not "create or develop" the defamatory contents. Bloggers, as website operators, could be immunized even when they exercised the "traditional editorial functions" unlike the traditional journalists. By contrast, ISPs in the United Kingdom could not enjoy such absolute immunity. Following the U.K. tradition of plaintiff-friendly libel law, the Defamation Act 1996 did not adopt any separate provision for ISP liability. Under Section 1, ISPs in England are subject to liability for defamation by third parties if they are notified of harmful online contents but fail to remove the postings promptly. Meanwhile, the new Defamation Act 2013 provides a separate provision for ISP liability. Section 5 is novel because ISP liability hinges on whether the original speaker is identifiable. I suggest that CDA Section 230 should be revised. One possible way of revising Section 230 is borrowing from the U.K. Defamation Act 2013. But such adoption is not compellingly urgent. It needs time to see what impact the new U.K. defamation law will have on freedom of speech. Regardless, the U.K. experience with ISP liability will provide a useful comparative framework to rebalance free speech with reputation on the Internet.

This research explores the training needs of nannies in the United Kingdom in terms of the content and structure of introductory training. The research question formulated for this study is: What are the introductory training needs of nannies in the United Kingdom? The researcher approached the study qualitatively and empirical data was collected by means of a focus group discussion with a group of nannies. Empirical data indicates that nannies need training regarding: • The professional aspect of nannying; • the physical, emotional, and intellectual needs of children; • the various developmental levels of children and the role of the nanny within each phase; • working with parents; • different religions and cultures and their childcare practices. It was found that nannies need training that is structured in an affordable, brief, specific and practical way. The study therefore reveals that nannies have specific needs regarding both the content and structure of childcare training. / Thesis (M. Ed.)

Background: HIV has been reconceptualised as a long term chronic health condition due to advances in highly active antiretroviral therapy. Nonetheless it remains a stigmatising and under-recognised condition. One social group that HIV disproportionately affects is the Black African population. However there is a dearth of research into the lived experiences of HIV positive Black African communities in the U.K. specific to parenting. Objectives: This study seeks to explore the lived experience of Black African HIV positive fathers, living in the UK. This is of significance to counselling psychologists because illness representation models typically neglect the interactions of significant others and wider social contexts when conceptualising the impact of illness. Design: This research utilises a qualitative method, Interpretative Phenomenological Analysis (IPA) to examine data. IPA is effectual in new and complex areas of study, concerning identity and meaning making. It enables the researcher to acquire an 'insider perspective' into people's cognitive reasoning as well as the social and cultural context surrounding experiences. Method: Six Black African HIV positive fathers were recruited via HIV charities. Participants were requested to attend a 60-90 minute, semi-structured interview and asked questions about their experiences of living with HIV and how it impacts on their role as fathers. Results: Four super-ordinate themes were identified: 1) Responses to HIV diagnosis-the demise of the physical and social self 2) HIV stigma-'they don't realise that anyone can get it' 3) Re-emergence of the self 4) Fatherhood- a changing identity. The results revealed experiences of living with HIV and the impact that this has on their role as fathers. Participants talked about their initial reactions and responses to receiving a diagnosis of HIV, as well as the challenges of living with HIV within their communities and wider society that impacted on their disclosure decisions. The research highlights the significance of HIV support services that helped participants to accept their HIV status. The participants wished to play a key role in the lives of their children. The findings of this study emphasise the importance of incorporating interventions that help black African men to view themselves in a positive light and to foster their parenting role following a diagnosis of HIV. The results of the analysis are considered in light of existing theory and their clinical implications.

This research investigates how the production and distribution of nationally produced television programmes, films and other audiovisual content can be promoted by regulation. The study identifies current regulatory tools to promote national content and differences in policy approaches. It also identifies new issues resulting from the substantial transformation the media environment has undergone in recent years. The audiovisual sector today is characterised by an abundance of television channels and telecommunication services and by ongoing digital convergence, all impacting on the effectiveness and rationale of content regulation. Focused on the UK, France and Brazil, this comparative research investigates the political, regulatory, socio-cultural, economic, technological and market changes of the communication services in the recent decades and how this has impacted on the provision of national audiovisual content. The starting point of the analysis are the 1980s, when broadcasting started to be gradually liberalised, and it concludes in the 2000s, when information technologies, telecommunications and broadcasting converge into interconnected, complementary and supplementary services. This research offers a three step method of analysis which contributes to a new understanding of the mechanisms and implications involved in the production and distribution of nationally produced content in digital times. In the first step, the various socio-cultural aims of communication services as enacted in legislation are analysed. The second step explores the consequent regulatory tools for the fulfilment of those objectives. The third step provides a market evaluation of the audiovisual industries, which broadcasters and other distribution platforms provide which kind of content, and also looks at audiences‟ viewing preferences to get a better understanding of what type of content should be supported through legislation. As outcomes, this research proposes to academics, policymakers and regulators a new definition for national content and a series of regulatory actions for fostering national audiovisual industries in times of digital convergence.

The European Union (EU) have during the years faced challenges of disintegration between its own Members. This thesis have studied about the phenomenon of disintegration and it is focused on the research of Phillipe Schmitter and Zoe Lefkofridi. They have studied about the Neofunctionalism explicit and implicit suppositions and hypothesis toward disintegration in the EU. The thesis is structured as a case study and its main purpose is to study about the explicit suppositions and hypothesis of the Neofunctionalism and if they are capable to explain why the United Kingdom (UK) wanted to leave the EU. The thesis have studied areas like the UK's dependence towards other Member States of the EU, if the British citizens feel secured against threats, the jurisdiction of the ECJ (the European Court of Justice) and the implementations of the EU-regulations, the politcalization conflicts between the UK and the EU, the convergence in the British society, the role of the experts and lastly if the UK having any influence in the EU governance. The thesis can conclude that the UK was in fact a disintegrated Member State inside the European Union. Brexit was in other words predicted by the Neofunctionalism.

Political parties in the United Kingdom are increasingly focusing their constituency-level campaigns on marginal seats; such a focus has been echoed by academic researchers studying the effectiveness of intense constituency campaigning in boosting local electoral outcomes. Yet there has been little investigation into the impact of the redirection of campaigning resources on safe constituencies; while existing research suggests that intense campaigns are effective in boosting local electoral outcomes, it is possible that a relative lack of campaigning may be harmful. This thesis addresses this gap by exploring in detail the detrimental impact of low level campaigning on both turnout and vote share in safe constituencies by the Conservatives, Labour and Liberal Democrats. The study is situated within the literature of campaign effectiveness, also drawing on theories of voter behaviour. It offers a critical evaluation of existing research into constituency campaigning, contending not only that a lack of campaigning can be harmful, but also that these effects are impacted by nuances of local incumbency and party differentials. To explore this, the thesis conducts a quantitative examination of the effects of constituency campaigning conducted at UK general elections from 1987 to 2010. It also expands existing literature in two ways; by formulating and applying a refined way in which to measure relative levels of campaigning, and also exploring the potential of leader visits as a measure of local campaigning for the first time in the UK. The focus on rebalancing attention towards safe constituencies places the concept of marginality at the core of this thesis. In exploring the concept in detail, potential explanations for the origins of marginality are considered, drawing on theories of population stability and party support bases. Using a refined measure of relative levels of campaigning, a link is established between marginality and campaigning, which also considers the important role of incumbency. When exploring the impact of low levels of campaigning, the results indicate that in many cases there is a harmful impact on both turnout and vote share, although the effects are greater for the latter. The findings suggest that local incumbency is a central factor in deciding the detrimental impact of low levels of campaigning, with such campaigns run by opposition parties resulting in far greater declines in their vote share when compared to equivalent campaigns run by incumbents. In an era of increasing focus on marginal constituencies during election campaigns, this thesis explicitly considers the impact of a lack of campaigning in safe constituencies, the role of incumbency and also applies new measures. In doing so, new empirical insights are produced into the importance of constituency campaigning in the UK, through an approach both rooted in and building upon existing studies.