subject:(Human Rights Law)

University of KwaZulu-Natal

1. Ramdial, Virashmee. A minimum core content to the right to health for HIV-positive persons under South Africa's transformative constitution.

Degree: LL.M., Human rights law, 2014, University of KwaZulu-Natal

URL: http://hdl.handle.net/10413/11004

► This dissertation is an evaluation of the concept of a minimum core content to the constitutional right to health, with particular reference to HIV-positive persons… (more)

▼ This dissertation is an evaluation of the concept of a minimum core content to the constitutional right to health, with particular reference to HIV-positive persons in South Africa. The analysis involves an assessment of what the minimum core entails; whether such a formulation is necessary in the South African health context; the application of the concept in national and international law; as well as enforcement and implementation in the South African context. An appraisal of the South African social reality reveals the extent of the suffering of HIV-positive individuals and the difficulties experienced in accessing health care, especially for the vulnerable and disempowered. The problem is exacerbated by a critical inadequacy in national jurisprudence which fails to generate certainty in respect of the minimum, basic entitlements of affected people. Such a shortcoming maligns transformative constitutionalism, which requires the judiciary to develop a construction of human rights that accords with the canons of the Constitution. It is argued that one such course of action is the adoption of the minimum core, which prescribes a basic level of human rights that is guaranteed to all people – and which may withstand legislative challenge on the basis of resource constraints or progressive realisation. Reference to international law, in terms of Section 39(1) of the Constitution, assists us to overcome the shortcoming in domestic legislation in this regard. Of particular relevance is covenantal guidance offered by the ICESCR, and its guidelines of interpretation, which include the CESCR General Comments and the WHO recommendations. It is postulated that a minimum obligation to HIV-positive individuals under the right to health encompasses the duty of treatment and prevention and control in respect of the epidemic, on a non-discriminatory basis. Enforcement and implementation of such core obligations must be strictly and timeously effected. Of crucial importance in such a process is a competent judiciary that is able to resist an undue deference to the legislature. A review of court judgments, however, reveals an inadequate judicial approach to the implementation of socioeconomic rights and an appeal is made to the Constitutional Court to re-commit itself to an interpretation of the Bill of Rights that accords with Constitutional values, such as uBuntu. Advisors/Committee Members: Vawda, Yousuf Abdoola. (advisor).

Subjects/Keywords: Human rights law.

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APA (6^th Edition):

Ramdial, V. (2014). A minimum core content to the right to health for HIV-positive persons under South Africa's transformative constitution. (Thesis). University of KwaZulu-Natal. Retrieved from http://hdl.handle.net/10413/11004

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

Chicago Manual of Style (16^th Edition):

Ramdial, Virashmee. “A minimum core content to the right to health for HIV-positive persons under South Africa's transformative constitution.” 2014. Thesis, University of KwaZulu-Natal. Accessed April 10, 2021. http://hdl.handle.net/10413/11004.

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

MLA Handbook (7^th Edition):

Ramdial, Virashmee. “A minimum core content to the right to health for HIV-positive persons under South Africa's transformative constitution.” 2014. Web. 10 Apr 2021.

Vancouver:

Ramdial V. A minimum core content to the right to health for HIV-positive persons under South Africa's transformative constitution. [Internet] [Thesis]. University of KwaZulu-Natal; 2014. [cited 2021 Apr 10]. Available from: http://hdl.handle.net/10413/11004.

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

Council of Science Editors:

Ramdial V. A minimum core content to the right to health for HIV-positive persons under South Africa's transformative constitution. [Thesis]. University of KwaZulu-Natal; 2014. Available from: http://hdl.handle.net/10413/11004

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

University of Cape Town

2. September, Jerome. Children's rights and child labour: a comparative study of children's rights and child labour legislation in South Africa, Brazil and India.

Degree: Image, Public Law, 2014, University of Cape Town

URL: http://hdl.handle.net/11427/9175

► This dissertation will, through the analysis of various pieces of legislation and taking account of the daily realities of children in South Africa, Brazil and… (more)

Subjects/Keywords: Human Rights Law

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APA (6^th Edition):

September, J. (2014). Children's rights and child labour: a comparative study of children's rights and child labour legislation in South Africa, Brazil and India. (Thesis). University of Cape Town. Retrieved from http://hdl.handle.net/11427/9175

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

Chicago Manual of Style (16^th Edition):

September, Jerome. “Children's rights and child labour: a comparative study of children's rights and child labour legislation in South Africa, Brazil and India.” 2014. Thesis, University of Cape Town. Accessed April 10, 2021. http://hdl.handle.net/11427/9175.

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

MLA Handbook (7^th Edition):

September, Jerome. “Children's rights and child labour: a comparative study of children's rights and child labour legislation in South Africa, Brazil and India.” 2014. Web. 10 Apr 2021.

Vancouver:

September J. Children's rights and child labour: a comparative study of children's rights and child labour legislation in South Africa, Brazil and India. [Internet] [Thesis]. University of Cape Town; 2014. [cited 2021 Apr 10]. Available from: http://hdl.handle.net/11427/9175.

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

Council of Science Editors:

September J. Children's rights and child labour: a comparative study of children's rights and child labour legislation in South Africa, Brazil and India. [Thesis]. University of Cape Town; 2014. Available from: http://hdl.handle.net/11427/9175

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

University of Cape Town

3. Portellas, Laverne Fleur. A critical analysis of child trafficking laws and policies in South Africa.

Degree: Image, Public Law, 2011, University of Cape Town

URL: http://hdl.handle.net/11427/12665

► The trafficking of children has been recognised by the international community as a transnational organised crime that affects children globally. As the child rights movement… (more)

Subjects/Keywords: Human Rights Law

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APA (6^th Edition):

Portellas, L. F. (2011). A critical analysis of child trafficking laws and policies in South Africa. (Thesis). University of Cape Town. Retrieved from http://hdl.handle.net/11427/12665

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

Chicago Manual of Style (16^th Edition):

Portellas, Laverne Fleur. “A critical analysis of child trafficking laws and policies in South Africa.” 2011. Thesis, University of Cape Town. Accessed April 10, 2021. http://hdl.handle.net/11427/12665.

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

MLA Handbook (7^th Edition):

Portellas, Laverne Fleur. “A critical analysis of child trafficking laws and policies in South Africa.” 2011. Web. 10 Apr 2021.

Vancouver:

Portellas LF. A critical analysis of child trafficking laws and policies in South Africa. [Internet] [Thesis]. University of Cape Town; 2011. [cited 2021 Apr 10]. Available from: http://hdl.handle.net/11427/12665.

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

Council of Science Editors:

Portellas LF. A critical analysis of child trafficking laws and policies in South Africa. [Thesis]. University of Cape Town; 2011. Available from: http://hdl.handle.net/11427/12665

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

University of Cape Town

4. Nickell, Jon Karl. Reclaiming state power to bridge governance gaps in global trade.

Degree: Image, Public Law, 2014, University of Cape Town

URL: http://hdl.handle.net/11427/9177

► An astute understanding of history is not required to grasp that global trade is not a new phenomenon. As a very young student in American… (more)

▼ An astute understanding of history is not required to grasp that global trade is not a new phenomenon. As a very young student in American schools, I still recall learning about the caravans of traders trekking across the Silk Road, about the merchant traveller Marco Polo, about the misplaced aspirations of Christopher Columbus and the resulting Columbian Exchange between Europe and the Americas. This is an oft-mythologized and sometimes flatly fabricated period of history,1 but there are basic truths at the base of it all. There were certainly men embarking on difficult journeys across vast ocean stretches, carrying goods from one continent to another with the hope of striking it rich (or at least making enough to buy themselves a good time at the next harbour). There were certainly people who profited, and plenty more who were exploited. But while global trade is not new, the structure and volume of global trade has changed drastically during recent decades. More money is at stake, and so is a greater swath of humanity. Complex global value chains2 have sprouted, in which a single product may contain fingerprints from dozens of countries when it finally lands on retail shelves. In this dissertation I am concerned with the fate of workers that toil anonymously at the base of these global value chains. But my primary focus is to contest a myth, though it has nothing to do with Christopher Columbus. Rather, the dominant narrative surrounding contemporary global trade suggests that regulation of such is beyond our reach. Due to the evolving structure of global trade, ‘governance gaps’ have emerged. This begs many questions: Who is responsible for achieving a remedy when things go wrong, when a factory collapse kills hundreds of workers or when the makers of high-priced fashion aren’t paid a living wage? Do we turn to the state that shelters the corporation, even if the wrongdoing occurs outside their jurisdiction? What about the state where the operations are based? Can they impose their will on corporations that are sheltered elsewhere? Are the corporations themselves responsible, even when they are not directly involved in outsourced operations? Are local manufacturers at fault if they are acting at the behest of a more powerful entity? Advisors/Committee Members: Godfrey, Shane (advisor).

Subjects/Keywords: Human Rights Law

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APA · Chicago · MLA · Vancouver · CSE | Export to Zotero / EndNote / Reference Manager

APA (6^th Edition):

Nickell, J. K. (2014). Reclaiming state power to bridge governance gaps in global trade. (Thesis). University of Cape Town. Retrieved from http://hdl.handle.net/11427/9177

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

Chicago Manual of Style (16^th Edition):

Nickell, Jon Karl. “Reclaiming state power to bridge governance gaps in global trade.” 2014. Thesis, University of Cape Town. Accessed April 10, 2021. http://hdl.handle.net/11427/9177.

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

MLA Handbook (7^th Edition):

Nickell, Jon Karl. “Reclaiming state power to bridge governance gaps in global trade.” 2014. Web. 10 Apr 2021.

Vancouver:

Nickell JK. Reclaiming state power to bridge governance gaps in global trade. [Internet] [Thesis]. University of Cape Town; 2014. [cited 2021 Apr 10]. Available from: http://hdl.handle.net/11427/9177.

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

Council of Science Editors:

Nickell JK. Reclaiming state power to bridge governance gaps in global trade. [Thesis]. University of Cape Town; 2014. Available from: http://hdl.handle.net/11427/9177

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

University of Cape Town

5. Ward, Rachel. Truth, trauma and memory a critical analysis of truth commissions with specific reference to Liberia.

Degree: Image, Public Law, 2011, University of Cape Town

URL: http://hdl.handle.net/11427/14064

► On the 18th August 2003 in the City of Accra, Ghana, representatives of the new Liberian government signed what became known as the Comprehensive Peace… (more)

▼ On the 18th August 2003 in the City of Accra, Ghana, representatives of the new Liberian government signed what became known as the Comprehensive Peace Agreement (CPA). The Agreement marked the formal end of over twenty years of civil war and strife for Liberia and the Liberian people. Article XIII of the CPA outlines the establishment of a Truth and Reconciliation Commission (TRC). Accordingly, the Commission was mandated to provide a forum that will address issues of impunity, as well as an opportunity for both the victims and perpetrators of human rights violations to share their experiences in order to get a clear picture of the past to facilitate genuine healing and reconciliation.In essence, the proposal was for individuals to share their experiences, through speech and language, of the violence and inhumane treatment suffered through the years of war, in order to provide the greater community of Liberia with a clearer understanding of their collective history and, as a result, lead the country to realise "genuine healing and reconciliationâ€Ÿ through this process. Through a philosophical and psychological framework this paper seeks to explore the promises and limitations of truth commissions - with specific refererence to the truth commission established in Liberia - through a deconstruction and discussion of their central elements: truth, testimony, history and reconciliation. The paper will contest the notion posited in the mandates of truth commissions that truth is something objective and verifiable that can be found; rather, I insist that if we align our understanding of truth with Nietzschean thinking on the subject, truth commissions can foster the creation of truth through the individual's creative engagement with speech and language as they testify at truth commission hearings. The paper then goes on to discuss some of the problems inherent in the idea that, through the act of narrative, individuals can heal through a spoken testament of their traumas. Following post-modernist thinking, this paper is sceptical of claims of official truth and history which privileges certain memories and narratives and in fact subscribes to a version of history which suits the agenda of the new order and government, or those who have been tasked with writing this official truth and history. Indeed, by the very notion that truth commissions 'rewrite' the past they admit that truth and history are permeable, biased and privileged to whomever is writing it. This paper argues that despite truth commission's claims that they are therapeutic bodies aimed at the overall healing and betterment of those afflicted by the pains of war, truth commissions are in fact political bodies designed to forward the agenda of the new reigning order. In addition, this paper makes suggestions as to what elements of a truth commission can have a positive and healing effect, and could therefore lead to what I argue to be true and lasting reconciliation. The paper will contest the notion posited in the mandates of truth commissions that truth is… Advisors/Committee Members: Barnard-NaudÃ©, Jaco (advisor).

Subjects/Keywords: Human Rights Law

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APA · Chicago · MLA · Vancouver · CSE | Export to Zotero / EndNote / Reference Manager

APA (6^th Edition):

Ward, R. (2011). Truth, trauma and memory a critical analysis of truth commissions with specific reference to Liberia. (Thesis). University of Cape Town. Retrieved from http://hdl.handle.net/11427/14064

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

Chicago Manual of Style (16^th Edition):

Ward, Rachel. “Truth, trauma and memory a critical analysis of truth commissions with specific reference to Liberia.” 2011. Thesis, University of Cape Town. Accessed April 10, 2021. http://hdl.handle.net/11427/14064.

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

MLA Handbook (7^th Edition):

Ward, Rachel. “Truth, trauma and memory a critical analysis of truth commissions with specific reference to Liberia.” 2011. Web. 10 Apr 2021.

Vancouver:

Ward R. Truth, trauma and memory a critical analysis of truth commissions with specific reference to Liberia. [Internet] [Thesis]. University of Cape Town; 2011. [cited 2021 Apr 10]. Available from: http://hdl.handle.net/11427/14064.

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

Council of Science Editors:

Ward R. Truth, trauma and memory a critical analysis of truth commissions with specific reference to Liberia. [Thesis]. University of Cape Town; 2011. Available from: http://hdl.handle.net/11427/14064

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

University of Cape Town

6. Sikwibele, Kabukabu. The right to adequate housing : the need for its justiciability in the Zambian constitution.

Degree: Text, Public Law, 2013, University of Cape Town

URL: http://hdl.handle.net/11427/4735

► Zambia's housing problems cannot be overstated. The current Constitution of Zambia does not recognise the right to adequate housing as a fundamental human right. It… (more)

Subjects/Keywords: Human Rights Law

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APA · Chicago · MLA · Vancouver · CSE | Export to Zotero / EndNote / Reference Manager

APA (6^th Edition):

Sikwibele, K. (2013). The right to adequate housing : the need for its justiciability in the Zambian constitution. (Thesis). University of Cape Town. Retrieved from http://hdl.handle.net/11427/4735

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

Chicago Manual of Style (16^th Edition):

Sikwibele, Kabukabu. “The right to adequate housing : the need for its justiciability in the Zambian constitution.” 2013. Thesis, University of Cape Town. Accessed April 10, 2021. http://hdl.handle.net/11427/4735.

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

MLA Handbook (7^th Edition):

Sikwibele, Kabukabu. “The right to adequate housing : the need for its justiciability in the Zambian constitution.” 2013. Web. 10 Apr 2021.

Vancouver:

Sikwibele K. The right to adequate housing : the need for its justiciability in the Zambian constitution. [Internet] [Thesis]. University of Cape Town; 2013. [cited 2021 Apr 10]. Available from: http://hdl.handle.net/11427/4735.

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

Council of Science Editors:

Sikwibele K. The right to adequate housing : the need for its justiciability in the Zambian constitution. [Thesis]. University of Cape Town; 2013. Available from: http://hdl.handle.net/11427/4735

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

University of Cape Town

7. Rushwaya, Chipo Irene. A critical analysis of the legislative framework regulating intercountry adoption in South Africa and Ghana.

Degree: Image, Public Law, 2014, University of Cape Town

URL: http://hdl.handle.net/11427/9176

► There are millions of children worldwide without parental care, families and homes. The HIV/AIDS pandemic, civil wars and poverty among other factors have contributed to… (more)

Subjects/Keywords: Human Rights Law

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APA (6^th Edition):

Rushwaya, C. I. (2014). A critical analysis of the legislative framework regulating intercountry adoption in South Africa and Ghana. (Thesis). University of Cape Town. Retrieved from http://hdl.handle.net/11427/9176

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

Chicago Manual of Style (16^th Edition):

Rushwaya, Chipo Irene. “A critical analysis of the legislative framework regulating intercountry adoption in South Africa and Ghana.” 2014. Thesis, University of Cape Town. Accessed April 10, 2021. http://hdl.handle.net/11427/9176.

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

MLA Handbook (7^th Edition):

Rushwaya, Chipo Irene. “A critical analysis of the legislative framework regulating intercountry adoption in South Africa and Ghana.” 2014. Web. 10 Apr 2021.

Vancouver:

Rushwaya CI. A critical analysis of the legislative framework regulating intercountry adoption in South Africa and Ghana. [Internet] [Thesis]. University of Cape Town; 2014. [cited 2021 Apr 10]. Available from: http://hdl.handle.net/11427/9176.

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

Council of Science Editors:

Rushwaya CI. A critical analysis of the legislative framework regulating intercountry adoption in South Africa and Ghana. [Thesis]. University of Cape Town; 2014. Available from: http://hdl.handle.net/11427/9176

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

University of Cape Town

8. Basajjasubi, Allan Nsubuga. Deconstructing section 25 of the Constitution: has the inclusion of property rights in section 25 of the Constitution helped or hindered the transformation purpose of the Constitution, and specifically the state's commitment to land reform?.

Degree: Image, Public Law, 2017, University of Cape Town

URL: http://hdl.handle.net/11427/25203

► Prior to the advent of the Constitution and constitutional democracy land policies of the apartheid state secured resource ownership and control of land exclusively for… (more)

Subjects/Keywords: Human Rights Law

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APA · Chicago · MLA · Vancouver · CSE | Export to Zotero / EndNote / Reference Manager

APA (6^th Edition):

Basajjasubi, A. N. (2017). Deconstructing section 25 of the Constitution: has the inclusion of property rights in section 25 of the Constitution helped or hindered the transformation purpose of the Constitution, and specifically the state's commitment to land reform?. (Thesis). University of Cape Town. Retrieved from http://hdl.handle.net/11427/25203

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

Chicago Manual of Style (16^th Edition):

Basajjasubi, Allan Nsubuga. “Deconstructing section 25 of the Constitution: has the inclusion of property rights in section 25 of the Constitution helped or hindered the transformation purpose of the Constitution, and specifically the state's commitment to land reform?.” 2017. Thesis, University of Cape Town. Accessed April 10, 2021. http://hdl.handle.net/11427/25203.

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

MLA Handbook (7^th Edition):

Basajjasubi, Allan Nsubuga. “Deconstructing section 25 of the Constitution: has the inclusion of property rights in section 25 of the Constitution helped or hindered the transformation purpose of the Constitution, and specifically the state's commitment to land reform?.” 2017. Web. 10 Apr 2021.

Vancouver:

Basajjasubi AN. Deconstructing section 25 of the Constitution: has the inclusion of property rights in section 25 of the Constitution helped or hindered the transformation purpose of the Constitution, and specifically the state's commitment to land reform?. [Internet] [Thesis]. University of Cape Town; 2017. [cited 2021 Apr 10]. Available from: http://hdl.handle.net/11427/25203.

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

Council of Science Editors:

Basajjasubi AN. Deconstructing section 25 of the Constitution: has the inclusion of property rights in section 25 of the Constitution helped or hindered the transformation purpose of the Constitution, and specifically the state's commitment to land reform?. [Thesis]. University of Cape Town; 2017. Available from: http://hdl.handle.net/11427/25203

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

University of Cape Town

9. De Souza, Monica. Analysis of the possibility of, and challenges associated with, the qualification for refugee status of victims of human trafficking in South Africa.

Degree: Image, Public Law, 2011, University of Cape Town

URL: http://hdl.handle.net/11427/12688

The aim of the enquiry is to establish whether trafficking victims could find protection within a particular human rights framework - that of refugee law - and to assess any factors that may hinder qualification for such protection. Advisors/Committee Members: Powell, Cathleen (advisor).

Subjects/Keywords: Human Rights Law

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APA · Chicago · MLA · Vancouver · CSE | Export to Zotero / EndNote / Reference Manager

APA (6^th Edition):

De Souza, M. (2011). Analysis of the possibility of, and challenges associated with, the qualification for refugee status of victims of human trafficking in South Africa. (Thesis). University of Cape Town. Retrieved from http://hdl.handle.net/11427/12688

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

Chicago Manual of Style (16^th Edition):

De Souza, Monica. “Analysis of the possibility of, and challenges associated with, the qualification for refugee status of victims of human trafficking in South Africa.” 2011. Thesis, University of Cape Town. Accessed April 10, 2021. http://hdl.handle.net/11427/12688.

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

MLA Handbook (7^th Edition):

De Souza, Monica. “Analysis of the possibility of, and challenges associated with, the qualification for refugee status of victims of human trafficking in South Africa.” 2011. Web. 10 Apr 2021.

Vancouver:

De Souza M. Analysis of the possibility of, and challenges associated with, the qualification for refugee status of victims of human trafficking in South Africa. [Internet] [Thesis]. University of Cape Town; 2011. [cited 2021 Apr 10]. Available from: http://hdl.handle.net/11427/12688.

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

Council of Science Editors:

De Souza M. Analysis of the possibility of, and challenges associated with, the qualification for refugee status of victims of human trafficking in South Africa. [Thesis]. University of Cape Town; 2011. Available from: http://hdl.handle.net/11427/12688

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

University of Cape Town

10. Lee, Megan Catherine. Is South African Refugee Law creating a stateless generation?.

Degree: LLM, Public Law, 2019, University of Cape Town

URL: http://hdl.handle.net/11427/30936

► Despite an international framework guaranteeing fundamental rights to all those who belong to the human family, nationality if often a prerequisite to accessing these rights… (more)

▼ Despite an international framework guaranteeing fundamental rights to all those who belong to the human family, nationality if often a prerequisite to accessing these rights and thus, a lack of nationality, or statelessness, often carries dire consequences. Furthermore, regardless of international, regional and domestic laws protecting the right to a nationality, the United Nations High Commissioner for Refugees (UNHCR) estimates that more than 10 million persons are stateless worldwide. In addition to not being able to vote or run for public office, stateless persons are often unable to access other fundamental rights, such as the right to education, housing or health care. Stateless persons are also vulnerable to abuse, exploitation and human trafficking. Furthermore, despite their close connection in history, the protection of stateless persons has, for decades, taken a backseat to that of refugees and asylum seekers. As a result, stateless persons are often forced to rely on the safeguards provided by the mechanisms designed to protect refugees and asylum seekers and, while these may be able to alleviate some of the consequences of statelessness, they will never be able to provide an absolute solution to statelessness – i.e. the granting of nationality. This reliance on the asylum system is evident in South Africa, where no specific laws or procedures protecting stateless persons exist. In examining the refugee law in South Africa, the manner in which these laws are implemented, as well as other legislation relevant to the protection of stateless persons, it is evident that the South African government’s policy decisions relating to the asylum system are aiming to shrink the asylum protection space in South Africa and are inadvertently leading to situations of both de jure and de facto statelessness. In addition, the conduct of the DHA is placing large groups at risk of statelessness and leaving vulnerable groups with little to no legal remedies. In a State which hosts an estimated 10 000 stateless persons, these policy decisions and implementation practices urgently need to be addressed in order to resolve existing situations of statelessness as well as to prevent future statelessness. Advisors/Committee Members: Barratt, Amanda (advisor).

Subjects/Keywords: Human Rights Law

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APA (6^th Edition):

Lee, M. C. (2019). Is South African Refugee Law creating a stateless generation?. (Thesis). University of Cape Town. Retrieved from http://hdl.handle.net/11427/30936

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

Chicago Manual of Style (16^th Edition):

Lee, Megan Catherine. “Is South African Refugee Law creating a stateless generation?.” 2019. Thesis, University of Cape Town. Accessed April 10, 2021. http://hdl.handle.net/11427/30936.

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

MLA Handbook (7^th Edition):

Lee, Megan Catherine. “Is South African Refugee Law creating a stateless generation?.” 2019. Web. 10 Apr 2021.

Vancouver:

Lee MC. Is South African Refugee Law creating a stateless generation?. [Internet] [Thesis]. University of Cape Town; 2019. [cited 2021 Apr 10]. Available from: http://hdl.handle.net/11427/30936.

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

Council of Science Editors:

Lee MC. Is South African Refugee Law creating a stateless generation?. [Thesis]. University of Cape Town; 2019. Available from: http://hdl.handle.net/11427/30936

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

University of Cape Town

11. Walz, Alexa. The human rights responsibilities of host states in relation to child marriages involving refugees, a study of European responses to the European refugee crisis.

Degree: LLM, Public Law, 2019, University of Cape Town

URL: http://hdl.handle.net/11427/31301

► Child marriage is defined as a marriage or informal union in which one of the spouses is under the age of 18. It is a… (more)

Subjects/Keywords: Human Rights Law

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APA (6^th Edition):

Walz, A. (2019). The human rights responsibilities of host states in relation to child marriages involving refugees, a study of European responses to the European refugee crisis. (Thesis). University of Cape Town. Retrieved from http://hdl.handle.net/11427/31301

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

Chicago Manual of Style (16^th Edition):

Walz, Alexa. “The human rights responsibilities of host states in relation to child marriages involving refugees, a study of European responses to the European refugee crisis.” 2019. Thesis, University of Cape Town. Accessed April 10, 2021. http://hdl.handle.net/11427/31301.

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

MLA Handbook (7^th Edition):

Walz, Alexa. “The human rights responsibilities of host states in relation to child marriages involving refugees, a study of European responses to the European refugee crisis.” 2019. Web. 10 Apr 2021.

Vancouver:

Walz A. The human rights responsibilities of host states in relation to child marriages involving refugees, a study of European responses to the European refugee crisis. [Internet] [Thesis]. University of Cape Town; 2019. [cited 2021 Apr 10]. Available from: http://hdl.handle.net/11427/31301.

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

Council of Science Editors:

Walz A. The human rights responsibilities of host states in relation to child marriages involving refugees, a study of European responses to the European refugee crisis. [Thesis]. University of Cape Town; 2019. Available from: http://hdl.handle.net/11427/31301

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

University of Cape Town

12. Houston, Lorna. Is SA law and policy equipped to deal with the peculiarities of Human Trafficking?.

Degree: MPhil, Public Law, 2020, University of Cape Town

URL: http://hdl.handle.net/11427/32276

► Tens of thousands of men, women and children are being trafficked around the world and brutally exploited. This research investigated if SA law and policy… (more)

Subjects/Keywords: Human Rights Law

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APA (6^th Edition):

Houston, L. (2020). Is SA law and policy equipped to deal with the peculiarities of Human Trafficking?. (Thesis). University of Cape Town. Retrieved from http://hdl.handle.net/11427/32276

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

Chicago Manual of Style (16^th Edition):

Houston, Lorna. “Is SA law and policy equipped to deal with the peculiarities of Human Trafficking?.” 2020. Thesis, University of Cape Town. Accessed April 10, 2021. http://hdl.handle.net/11427/32276.

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

MLA Handbook (7^th Edition):

Houston, Lorna. “Is SA law and policy equipped to deal with the peculiarities of Human Trafficking?.” 2020. Web. 10 Apr 2021.

Vancouver:

Houston L. Is SA law and policy equipped to deal with the peculiarities of Human Trafficking?. [Internet] [Thesis]. University of Cape Town; 2020. [cited 2021 Apr 10]. Available from: http://hdl.handle.net/11427/32276.

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

Council of Science Editors:

Houston L. Is SA law and policy equipped to deal with the peculiarities of Human Trafficking?. [Thesis]. University of Cape Town; 2020. Available from: http://hdl.handle.net/11427/32276

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

University of Cape Town

13. Connan, Katie. Improving the international and regional, legal and policy framework in the prevention of sexual exploitation and abuse of women and children by international and regional peacekeepers.

Degree: Image, Public Law, 2016, University of Cape Town

URL: http://hdl.handle.net/11427/20809

► This dissertation will examine how an international and regional, legal and policy framework can be used to prevent continuing sexual exploitation and abuse by international… (more)

Subjects/Keywords: Human Rights Law

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APA (6^th Edition):

Connan, K. (2016). Improving the international and regional, legal and policy framework in the prevention of sexual exploitation and abuse of women and children by international and regional peacekeepers. (Thesis). University of Cape Town. Retrieved from http://hdl.handle.net/11427/20809

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

Chicago Manual of Style (16^th Edition):

Connan, Katie. “Improving the international and regional, legal and policy framework in the prevention of sexual exploitation and abuse of women and children by international and regional peacekeepers.” 2016. Thesis, University of Cape Town. Accessed April 10, 2021. http://hdl.handle.net/11427/20809.

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

MLA Handbook (7^th Edition):

Connan, Katie. “Improving the international and regional, legal and policy framework in the prevention of sexual exploitation and abuse of women and children by international and regional peacekeepers.” 2016. Web. 10 Apr 2021.

Vancouver:

Connan K. Improving the international and regional, legal and policy framework in the prevention of sexual exploitation and abuse of women and children by international and regional peacekeepers. [Internet] [Thesis]. University of Cape Town; 2016. [cited 2021 Apr 10]. Available from: http://hdl.handle.net/11427/20809.

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

Council of Science Editors:

Connan K. Improving the international and regional, legal and policy framework in the prevention of sexual exploitation and abuse of women and children by international and regional peacekeepers. [Thesis]. University of Cape Town; 2016. Available from: http://hdl.handle.net/11427/20809

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

University of Cape Town

14. Madima, Reshoketswe. A case study of whether South Africa's foreign policy with Zimbabwe and China is informed by its constitutional and international human rights obligations.

Degree: MPhil, Public Law, 2020, University of Cape Town

URL: http://hdl.handle.net/11427/32336

► South Africa is a country that in the past has experienced gross human rights violations, and therefore has sought never again to have such violations.… (more)

Subjects/Keywords: Human Rights Law

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APA (6^th Edition):

Madima, R. (2020). A case study of whether South Africa's foreign policy with Zimbabwe and China is informed by its constitutional and international human rights obligations. (Thesis). University of Cape Town. Retrieved from http://hdl.handle.net/11427/32336

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

Chicago Manual of Style (16^th Edition):

Madima, Reshoketswe. “A case study of whether South Africa's foreign policy with Zimbabwe and China is informed by its constitutional and international human rights obligations.” 2020. Thesis, University of Cape Town. Accessed April 10, 2021. http://hdl.handle.net/11427/32336.

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

MLA Handbook (7^th Edition):

Madima, Reshoketswe. “A case study of whether South Africa's foreign policy with Zimbabwe and China is informed by its constitutional and international human rights obligations.” 2020. Web. 10 Apr 2021.

Vancouver:

Madima R. A case study of whether South Africa's foreign policy with Zimbabwe and China is informed by its constitutional and international human rights obligations. [Internet] [Thesis]. University of Cape Town; 2020. [cited 2021 Apr 10]. Available from: http://hdl.handle.net/11427/32336.

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

Council of Science Editors:

Madima R. A case study of whether South Africa's foreign policy with Zimbabwe and China is informed by its constitutional and international human rights obligations. [Thesis]. University of Cape Town; 2020. Available from: http://hdl.handle.net/11427/32336

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

University of Cape Town

15. Mycroft, Michaela. Is the right to education for children with disabilities in South Africa sufficiently protected, promoted and supported by the government?.

Degree: MPhil, Public Law, 2019, University of Cape Town

URL: http://hdl.handle.net/11427/30876

► Disability in South Africa is a complex issue to understand and address. Society is structured in such a way that ableism persists, creating ongoing challenges… (more)

Subjects/Keywords: Human Rights Law

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APA (6^th Edition):

Mycroft, M. (2019). Is the right to education for children with disabilities in South Africa sufficiently protected, promoted and supported by the government?. (Thesis). University of Cape Town. Retrieved from http://hdl.handle.net/11427/30876

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

Chicago Manual of Style (16^th Edition):

Mycroft, Michaela. “Is the right to education for children with disabilities in South Africa sufficiently protected, promoted and supported by the government?.” 2019. Thesis, University of Cape Town. Accessed April 10, 2021. http://hdl.handle.net/11427/30876.

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

MLA Handbook (7^th Edition):

Mycroft, Michaela. “Is the right to education for children with disabilities in South Africa sufficiently protected, promoted and supported by the government?.” 2019. Web. 10 Apr 2021.

Vancouver:

Mycroft M. Is the right to education for children with disabilities in South Africa sufficiently protected, promoted and supported by the government?. [Internet] [Thesis]. University of Cape Town; 2019. [cited 2021 Apr 10]. Available from: http://hdl.handle.net/11427/30876.

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

Council of Science Editors:

Mycroft M. Is the right to education for children with disabilities in South Africa sufficiently protected, promoted and supported by the government?. [Thesis]. University of Cape Town; 2019. Available from: http://hdl.handle.net/11427/30876

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

University of Cape Town

16. Seppelt, Rosalie. Media and Armed Conflict: Protection of Journalists and Media Facilities under Human Rights Law and International Humanitarian Law.

Degree: LLM, Public Law, 2019, University of Cape Town

URL: http://hdl.handle.net/11427/31234

► This master thesis gives a comprehensive overview of the protection of journalists and media facilities in times of armed conflict. First, the thesis analyses, which… (more)

▼ This master thesis gives a comprehensive overview of the protection of journalists and media facilities in times of armed conflict. First, the thesis analyses, which legal regimes are applicable: international humanitarian or human rights law. In conclusion, it suggests a parallel application of both regimes while international humanitarian law is to be regarded as lex specialis in the event of an armed conflict. In the case of a discrepancy between norms of the two regulatory complexes, the lex specialis maxim solves the inconsistency as an interpretation rule. Thus, the human rights provision is interpreted in the light of the more specific humanitarian law provision. Secondly, the thesis examines the concrete norms under both legal regimes that protect journalists and media facilities. It finds that only human rights norms protect the work of journalists while international humanitarian law protects journalists as civilians and media facilities as civilian objects. In the event, that a (fatal) military attack on journalists or media facilities is justifiable under international humanitarian law, there exists a controversy with the right to life guaranteed in human rights law which is solved by means of the lex specialis principle. Finally, the extent of the de facto protection of journalists and media facilities in comparison to the assured de jure protection is tested. For this purpose, the effective protection of journalists and media facilities in general during the current South Sudan crisis is analysed as well as the protection of female journalists against gender-based rights violations in times of armed conflict. A huge discrepancy between the de jure granted protection and the actual protection is found in both cases. Therefore, this thesis stresses the need to adopt new binding international regulations specifically tailored to afford all journalists and media facilities the highest protection possible – especially in times of conflict. Advisors/Committee Members: Woolaver, Hannah (advisor).

Subjects/Keywords: Human Rights Law

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APA (6^th Edition):

Seppelt, R. (2019). Media and Armed Conflict: Protection of Journalists and Media Facilities under Human Rights Law and International Humanitarian Law. (Thesis). University of Cape Town. Retrieved from http://hdl.handle.net/11427/31234

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

Chicago Manual of Style (16^th Edition):

Seppelt, Rosalie. “Media and Armed Conflict: Protection of Journalists and Media Facilities under Human Rights Law and International Humanitarian Law.” 2019. Thesis, University of Cape Town. Accessed April 10, 2021. http://hdl.handle.net/11427/31234.

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

MLA Handbook (7^th Edition):

Seppelt, Rosalie. “Media and Armed Conflict: Protection of Journalists and Media Facilities under Human Rights Law and International Humanitarian Law.” 2019. Web. 10 Apr 2021.

Vancouver:

Seppelt R. Media and Armed Conflict: Protection of Journalists and Media Facilities under Human Rights Law and International Humanitarian Law. [Internet] [Thesis]. University of Cape Town; 2019. [cited 2021 Apr 10]. Available from: http://hdl.handle.net/11427/31234.

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

Council of Science Editors:

Seppelt R. Media and Armed Conflict: Protection of Journalists and Media Facilities under Human Rights Law and International Humanitarian Law. [Thesis]. University of Cape Town; 2019. Available from: http://hdl.handle.net/11427/31234

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

University of Cape Town

17. Thomson, Gemma. To what extent do South Africa and Scotland comparatively respect, protect and fulfill children's rights in the context of youth justice and in light of their international and regional obligations?.

Degree: Image, Public Law, 2016, University of Cape Town

URL: http://hdl.handle.net/11427/20808

► Juvenile justice is a core facet of international child law aimed at protecting children who come into conflict with the law. The international and regional… (more)

Subjects/Keywords: Human Rights Law

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APA (6^th Edition):

Thomson, G. (2016). To what extent do South Africa and Scotland comparatively respect, protect and fulfill children's rights in the context of youth justice and in light of their international and regional obligations?. (Thesis). University of Cape Town. Retrieved from http://hdl.handle.net/11427/20808

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

Chicago Manual of Style (16^th Edition):

Thomson, Gemma. “To what extent do South Africa and Scotland comparatively respect, protect and fulfill children's rights in the context of youth justice and in light of their international and regional obligations?.” 2016. Thesis, University of Cape Town. Accessed April 10, 2021. http://hdl.handle.net/11427/20808.

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

MLA Handbook (7^th Edition):

Thomson, Gemma. “To what extent do South Africa and Scotland comparatively respect, protect and fulfill children's rights in the context of youth justice and in light of their international and regional obligations?.” 2016. Web. 10 Apr 2021.

Vancouver:

Thomson G. To what extent do South Africa and Scotland comparatively respect, protect and fulfill children's rights in the context of youth justice and in light of their international and regional obligations?. [Internet] [Thesis]. University of Cape Town; 2016. [cited 2021 Apr 10]. Available from: http://hdl.handle.net/11427/20808.

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

Council of Science Editors:

Thomson G. To what extent do South Africa and Scotland comparatively respect, protect and fulfill children's rights in the context of youth justice and in light of their international and regional obligations?. [Thesis]. University of Cape Town; 2016. Available from: http://hdl.handle.net/11427/20808

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

University of Cape Town

18. Van Zyl, Nicolas. Outlining a right of access to sanitation in South African Law.

Degree: Image, Public Law, 2017, University of Cape Town

URL: http://hdl.handle.net/11427/25535

► For many people their ease of access to a private home toilet means that when and where they go to relieve themselves is rarely a… (more)

Subjects/Keywords: Human Rights Law

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APA (6^th Edition):

Van Zyl, N. (2017). Outlining a right of access to sanitation in South African Law. (Thesis). University of Cape Town. Retrieved from http://hdl.handle.net/11427/25535

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

Chicago Manual of Style (16^th Edition):

Van Zyl, Nicolas. “Outlining a right of access to sanitation in South African Law.” 2017. Thesis, University of Cape Town. Accessed April 10, 2021. http://hdl.handle.net/11427/25535.

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

MLA Handbook (7^th Edition):

Van Zyl, Nicolas. “Outlining a right of access to sanitation in South African Law.” 2017. Web. 10 Apr 2021.

Vancouver:

Van Zyl N. Outlining a right of access to sanitation in South African Law. [Internet] [Thesis]. University of Cape Town; 2017. [cited 2021 Apr 10]. Available from: http://hdl.handle.net/11427/25535.

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

Council of Science Editors:

Van Zyl N. Outlining a right of access to sanitation in South African Law. [Thesis]. University of Cape Town; 2017. Available from: http://hdl.handle.net/11427/25535

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

University of Cape Town

19. Bishop, Julia. Gender-based violence and gender stereotyping in international law.

Degree: Image, Public Law, 2012, University of Cape Town

URL: http://hdl.handle.net/11427/12671

► As Rashida Manjoo, the UN Special Rapporteur on violence against women, suggests, women who are empowered “understand that they are not destined to subordination and… (more)

Subjects/Keywords: Human Rights Law

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APA (6^th Edition):

Bishop, J. (2012). Gender-based violence and gender stereotyping in international law. (Thesis). University of Cape Town. Retrieved from http://hdl.handle.net/11427/12671

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

Chicago Manual of Style (16^th Edition):

Bishop, Julia. “Gender-based violence and gender stereotyping in international law.” 2012. Thesis, University of Cape Town. Accessed April 10, 2021. http://hdl.handle.net/11427/12671.

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

MLA Handbook (7^th Edition):

Bishop, Julia. “Gender-based violence and gender stereotyping in international law.” 2012. Web. 10 Apr 2021.

Vancouver:

Bishop J. Gender-based violence and gender stereotyping in international law. [Internet] [Thesis]. University of Cape Town; 2012. [cited 2021 Apr 10]. Available from: http://hdl.handle.net/11427/12671.

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

Council of Science Editors:

Bishop J. Gender-based violence and gender stereotyping in international law. [Thesis]. University of Cape Town; 2012. Available from: http://hdl.handle.net/11427/12671

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

University of Cape Town

20. McLaren, Daniel Jamie. Transnational Land Acquisitions (TLA) : an evaluation of current legal frameworks and global regulatory responses from a human rights perspective.

Degree: Image, Public Law, 2014, University of Cape Town

URL: http://hdl.handle.net/11427/9179

► Transnational land acquisitions (TLA) are promoted by international development agencies such as the World Bank as part of a ‘win-win’ process whereby profitable investment stimulates… (more)

Subjects/Keywords: Human Rights Law

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APA (6^th Edition):

McLaren, D. J. (2014). Transnational Land Acquisitions (TLA) : an evaluation of current legal frameworks and global regulatory responses from a human rights perspective. (Thesis). University of Cape Town. Retrieved from http://hdl.handle.net/11427/9179

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

Chicago Manual of Style (16^th Edition):

McLaren, Daniel Jamie. “Transnational Land Acquisitions (TLA) : an evaluation of current legal frameworks and global regulatory responses from a human rights perspective.” 2014. Thesis, University of Cape Town. Accessed April 10, 2021. http://hdl.handle.net/11427/9179.

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

MLA Handbook (7^th Edition):

McLaren, Daniel Jamie. “Transnational Land Acquisitions (TLA) : an evaluation of current legal frameworks and global regulatory responses from a human rights perspective.” 2014. Web. 10 Apr 2021.

Vancouver:

McLaren DJ. Transnational Land Acquisitions (TLA) : an evaluation of current legal frameworks and global regulatory responses from a human rights perspective. [Internet] [Thesis]. University of Cape Town; 2014. [cited 2021 Apr 10]. Available from: http://hdl.handle.net/11427/9179.

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

Council of Science Editors:

McLaren DJ. Transnational Land Acquisitions (TLA) : an evaluation of current legal frameworks and global regulatory responses from a human rights perspective. [Thesis]. University of Cape Town; 2014. Available from: http://hdl.handle.net/11427/9179

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

University of Cape Town

21. Rimber, Kimberly Wangeci. Unbearing burden of the refugee crisis on developing countries: Is the global compact on refugees the solution?.

Degree: Master Thesis, Public Law, 2020, University of Cape Town

URL: http://hdl.handle.net/11427/32543

► This research analyses the Global Compact on Refugees("GCR"), adopted in 2018 by the United Nations General Assembly. It aims to discuss whether the document, a… (more)

Subjects/Keywords: Human Rights Law

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APA (6^th Edition):

Rimber, K. W. (2020). Unbearing burden of the refugee crisis on developing countries: Is the global compact on refugees the solution?. (Masters Thesis). University of Cape Town. Retrieved from http://hdl.handle.net/11427/32543

Chicago Manual of Style (16^th Edition):

Rimber, Kimberly Wangeci. “Unbearing burden of the refugee crisis on developing countries: Is the global compact on refugees the solution?.” 2020. Masters Thesis, University of Cape Town. Accessed April 10, 2021. http://hdl.handle.net/11427/32543.

MLA Handbook (7^th Edition):

Rimber, Kimberly Wangeci. “Unbearing burden of the refugee crisis on developing countries: Is the global compact on refugees the solution?.” 2020. Web. 10 Apr 2021.

Vancouver:

Rimber KW. Unbearing burden of the refugee crisis on developing countries: Is the global compact on refugees the solution?. [Internet] [Masters thesis]. University of Cape Town; 2020. [cited 2021 Apr 10]. Available from: http://hdl.handle.net/11427/32543.

Council of Science Editors:

Rimber KW. Unbearing burden of the refugee crisis on developing countries: Is the global compact on refugees the solution?. [Masters Thesis]. University of Cape Town; 2020. Available from: http://hdl.handle.net/11427/32543

University of Cape Town

22. Kalla, Tasneem. The Criminalisation of Asylum Seekers: Arbitrary Detention in South Africa.

Degree: MPhil, Public Law, 2019, University of Cape Town

URL: http://hdl.handle.net/11427/31414

► This minor dissertation is a research paper on the use of arbitrary detention to criminalise asylum seekers in South Africa. After the democratic transition in… (more)

▼ This minor dissertation is a research paper on the use of arbitrary detention to criminalise asylum seekers in South Africa. After the democratic transition in 1994 South Africa became a leading destination for asylum seekers from across the African continent. South Africa’s post-apartheid immigration and refugee system were based on a human-rights approach and aimed at creating a culture of inclusion and tolerance. Despite a progressive Refugee Act, the most prominent aspect of the South African asylum system is its use of arbitrary detention as a form of immigration control. The goal of this research is to analyse the criminalisation of asylum seekers through arbitrary detention in South Africa. This is done through an analysis of the roles the Refugee Act and the Immigration Act play in the asylum process. In understanding the nexus between arbitrary detention and the deprivation of liberty, this research analyses the normative frameworks that inform international and South African legislation. The use of detention as an immigration tool has resulted in a cycle of criminalisation. The South African institutions and erroneous application of immigration laws has criminalised the act of seeking asylum - a universal human right. After an in-depth analysis of the asylum process in South Africa and how arbitrary detention has criminalised asylum seekers, this research discusses the alternatives to detention most applicable in the case of South Africa. The erroneous application of laws, politicization of asylum seekers and use of detention for administrative and deterrence reasons are the primary reasons for the unlawful detention of asylum seekers in South Africa. This research reveals that there are alternatives to the use of detention as the first port of call, this largely lies in the reform of the country’s implementation of refugee law. The progressive nature of the Refugee Act guarantees protection from arbitrary detention, by redressing the management of the asylum process and institutions, the Refugee Act can be better implemented to reflect the human-rights approach it embodies. Advisors/Committee Members: Khan, Fatima (advisor).

Subjects/Keywords: Human Rights Law

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APA (6^th Edition):

Kalla, T. (2019). The Criminalisation of Asylum Seekers: Arbitrary Detention in South Africa. (Thesis). University of Cape Town. Retrieved from http://hdl.handle.net/11427/31414

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

Chicago Manual of Style (16^th Edition):

Kalla, Tasneem. “The Criminalisation of Asylum Seekers: Arbitrary Detention in South Africa.” 2019. Thesis, University of Cape Town. Accessed April 10, 2021. http://hdl.handle.net/11427/31414.

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

MLA Handbook (7^th Edition):

Kalla, Tasneem. “The Criminalisation of Asylum Seekers: Arbitrary Detention in South Africa.” 2019. Web. 10 Apr 2021.

Vancouver:

Kalla T. The Criminalisation of Asylum Seekers: Arbitrary Detention in South Africa. [Internet] [Thesis]. University of Cape Town; 2019. [cited 2021 Apr 10]. Available from: http://hdl.handle.net/11427/31414.

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

Council of Science Editors:

Kalla T. The Criminalisation of Asylum Seekers: Arbitrary Detention in South Africa. [Thesis]. University of Cape Town; 2019. Available from: http://hdl.handle.net/11427/31414

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

University of Cape Town

23. Gabriel, Mark A. Reforming Hudud ordinances to reconcile Islamic criminal law with international human rights law.

Degree: Image, Public Law, 2016, University of Cape Town

URL: http://hdl.handle.net/11427/23724

► International human rights laws are grossly violated by the hudud ordinances, with their extremely cruel punishments, including stoning for adultery, beheading for apostasy, and amputation… (more)

▼ International human rights laws are grossly violated by the hudud ordinances, with their extremely cruel punishments, including stoning for adultery, beheading for apostasy, and amputation for theft. Pakistan, Sudan, Brunei Darussalam and Saudi Arabia, for example, follow the doctrines of the four main Sunni schools of jurisprudence and enforce hudud ordinances, thereby violating some of the core international human rights law instruments to which they are State Parties. Orthodox Muslims generally defend the hudud ordinances, claiming that they are divine and immutable. This study refutes the aforementioned claim and demonstrates that it is legitimate and possible to reform hudud punishments to reconcile them with international human rights law. The thesis differentiates between Shariah and Islamic law. It argues that Shariah refers to the divine rulings recorded in the Qur'an and correct Sunnah, while Islamic law is not fully divine, for it includes also such prescriptions that have been developed by the human effort of Islamic jurists. The thesis demonstrates that reformation is an Islamic concept that requires that Muslims read the teachings of the Qur'an and the Sunnah in the context of their own time and environment. It is postulated, therefore, that the rulings of Islamic law need to be examined in the light of the Qur'an, the correct Sunnah and the Islamic core values promoted in them. These include several internationally protected human rights, such as the right to life, equality, and freedom of religion. The thesis points out that the main purpose of Shariah is to serve the benefit of the people and to protect them from harm. To this end, Shariah has provided the Islamic principles of reality and necessity. These require that the reality of life and the needs of the people be considered at all times. If necessary for the sake of the people, the principles allow for exceptions to be made to even definite provisions. It, further, demonstrates how these principles can be applied to reform the hudud ordinances to reconcile them with international human rights law. Advisors/Committee Members: Amien, Waheeda (advisor).

Subjects/Keywords: Human Rights Law; Islamic Law

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APA · Chicago · MLA · Vancouver · CSE | Export to Zotero / EndNote / Reference Manager

APA (6^th Edition):

Gabriel, M. A. (2016). Reforming Hudud ordinances to reconcile Islamic criminal law with international human rights law. (Thesis). University of Cape Town. Retrieved from http://hdl.handle.net/11427/23724

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

Chicago Manual of Style (16^th Edition):

Gabriel, Mark A. “Reforming Hudud ordinances to reconcile Islamic criminal law with international human rights law.” 2016. Thesis, University of Cape Town. Accessed April 10, 2021. http://hdl.handle.net/11427/23724.

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

MLA Handbook (7^th Edition):

Gabriel, Mark A. “Reforming Hudud ordinances to reconcile Islamic criminal law with international human rights law.” 2016. Web. 10 Apr 2021.

Vancouver:

Gabriel MA. Reforming Hudud ordinances to reconcile Islamic criminal law with international human rights law. [Internet] [Thesis]. University of Cape Town; 2016. [cited 2021 Apr 10]. Available from: http://hdl.handle.net/11427/23724.

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

Council of Science Editors:

Gabriel MA. Reforming Hudud ordinances to reconcile Islamic criminal law with international human rights law. [Thesis]. University of Cape Town; 2016. Available from: http://hdl.handle.net/11427/23724

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

National University of Ireland – Galway

24. Gannon, Bernadette Mary. The Rights of Older People in Residential Care An Examination of the Law and Practice .

Degree: 2013, National University of Ireland – Galway

URL: http://hdl.handle.net/10379/3881

► Since the foundation of the State older people in residential care settings have been largely 'invisible' to the State. Their personhood has been diminished or… (more)

▼ Since the foundation of the State older people in residential care settings have been largely 'invisible' to the State. Their personhood has been diminished or indeed negated where the older persons' will and preference has largely been ignored and decisions made in their, or perhaps more accurately, the State's or the residential care centres', best interest. This position arose perhaps out of disinterest and inertia but certainly this research demonstrates a major contributing factor were the large deficits with regard to law, policy and practice concerning older people and safeguarding their fundamental rights. Legislative craters still exist for many frail and/or vulnerable older people. Concomitant with this are the lacunae in policy and practice. International and regional human rights treaties which incorporate dignity of the individual as a core value provide clear direction for advancing human rights for older people in residential care settings in Ireland. The Convention on the Rights of Persons with Disabilities (CRPD) heralds a new departure for safeguarding fundamental rights. It is visionary in its concept and design. While the CRPD may not provide any new rights both the CRPD and the European Convention on Human Rights, itself a living instrument, when applied to older people, challenges us to make a difference by engaging with older people in residential care to provide robust protections to empower and protect their rights. Since Ireland is a dualist state, ratification of the CRPD is essential to enable implementation of the monitoring mechanism. While international human rights treaties do not have domestic legal effect they provide a very clear roadmap to enable reform of legislation and policy in the context of older people and residential care. Legal capacity reform is crucial as is reform of mental health legislation. The following steps need to be taken: elimination of wardship, reform of enduring power of attorney legislation especially capacity assessment and enactment of legislation with regard to advance care directives and advocacy. Variability in practice impacts on outcomes and expenditure in care which may have a detrimental effect on older people in residential care. Professional self-regulation should be abolished to prevent the possibility of exploitative and abusive behaviour by a worker. The potential for human rights' abuse increases with escalating dependency since the need for more intimate care is required. Multidisciplinary involvement is essential to addressing the complex care needs of older people in residential care. Legislative reform and policy development will have little impact unless they translate into practical and effective measures where best practice informs each workers relationship with the older person. Information, instruction, training and supervision of all workers are pivotal in securing fundamental rights for older people in residential care. The twelve hour working day should be reduced to a maximum of eight hours for all residential care workers.… Advisors/Committee Members: Keys, Mary (advisor).

Subjects/Keywords: Human rights law; Law

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APA · Chicago · MLA · Vancouver · CSE | Export to Zotero / EndNote / Reference Manager

APA (6^th Edition):

Gannon, B. M. (2013). The Rights of Older People in Residential Care An Examination of the Law and Practice . (Thesis). National University of Ireland – Galway. Retrieved from http://hdl.handle.net/10379/3881

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

Chicago Manual of Style (16^th Edition):

Gannon, Bernadette Mary. “The Rights of Older People in Residential Care An Examination of the Law and Practice .” 2013. Thesis, National University of Ireland – Galway. Accessed April 10, 2021. http://hdl.handle.net/10379/3881.

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

MLA Handbook (7^th Edition):

Gannon, Bernadette Mary. “The Rights of Older People in Residential Care An Examination of the Law and Practice .” 2013. Web. 10 Apr 2021.

Vancouver:

Gannon BM. The Rights of Older People in Residential Care An Examination of the Law and Practice . [Internet] [Thesis]. National University of Ireland – Galway; 2013. [cited 2021 Apr 10]. Available from: http://hdl.handle.net/10379/3881.

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

Council of Science Editors:

Gannon BM. The Rights of Older People in Residential Care An Examination of the Law and Practice . [Thesis]. National University of Ireland – Galway; 2013. Available from: http://hdl.handle.net/10379/3881

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

University of Cape Town

25. Nsengimana, Jovenal. Uganda's state responsibility under international law to safeguard refugee children's right to access education.

Degree: Image, Public Law, 2018, University of Cape Town

URL: http://hdl.handle.net/11427/28071

► Uganda is Africa's largest refugee hosting country and third in the world with more than 1.25 million refugees as of June 2017. The majority of… (more)

▼ Uganda is Africa's largest refugee hosting country and third in the world with more than 1.25 million refugees as of June 2017. The majority of refugees there are children. Uganda's refugee regime and hospitality date back to the days of World War II, prior to the country's independence, when it hosted refugees from European countries. Since then, the country has generously continued to open its borders to anyone seeking international protection and assistance mainly from the conflict affected countries in the East, Horn and Great Lakes Region of Africa. In compliance with the 1951 UN Convention and its 1976 Protocol Relating to the Status of Refugees and the OAU 1969 Convention Governing the Specific Aspects of Refugee Problems in Africa, Uganda enacted the Refugees Act No.21 of 2006 and the Regulations Act of 2010 to effectively manage refugee needs. The increase in the number of refugees in Uganda amidst the limited resources at its disposal poses serious challenges in meeting its international obligation to safeguard the rights of refugee children's access to education. This thesis examines the country's responsibility under international law to protect, promote and fulfil the right to access education for refugee children, particularly aimed at understanding the challenges of provision of education to strengthen multi-level response. Research finds international and regional instruments sufficient for the protection and guarantee of education for children. However, the main refugee treaties fail to adequately provide the right to education for refugee children. The UN Convention Relating to the Status of Refugees has provision for education rights but makes no reference to refugee children while the OAU 1969 Convention Governing the Specific Aspects of Refugee Problems in Africa provides neither the right to education nor rights to children specifically. The analysis of Uganda's policy and laws on safeguarding refugee children's right to education revealed glaring shortfalls. The laws fail to provide adequate protection to refugee children's education rights. Notwithstanding the existence of an enabling legal and policy framework in Uganda that ensures access to education for nationals, refugee children continue to face legal and structural barriers in accessing post-primary education. The paper shows that both international and national laws guaranteeing the right to education for refugees limits the extent to which it is exercised. At national level, this is not only discriminatory but also inconsistent with the provisions of the Constitution of Uganda relating to education and child rights. Advisors/Committee Members: Lutchman, Salona (advisor).

Subjects/Keywords: International Law; Human Rights Law

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APA · Chicago · MLA · Vancouver · CSE | Export to Zotero / EndNote / Reference Manager

APA (6^th Edition):

Nsengimana, J. (2018). Uganda's state responsibility under international law to safeguard refugee children's right to access education. (Thesis). University of Cape Town. Retrieved from http://hdl.handle.net/11427/28071

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

Chicago Manual of Style (16^th Edition):

Nsengimana, Jovenal. “Uganda's state responsibility under international law to safeguard refugee children's right to access education.” 2018. Thesis, University of Cape Town. Accessed April 10, 2021. http://hdl.handle.net/11427/28071.

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

MLA Handbook (7^th Edition):

Nsengimana, Jovenal. “Uganda's state responsibility under international law to safeguard refugee children's right to access education.” 2018. Web. 10 Apr 2021.

Vancouver:

Nsengimana J. Uganda's state responsibility under international law to safeguard refugee children's right to access education. [Internet] [Thesis]. University of Cape Town; 2018. [cited 2021 Apr 10]. Available from: http://hdl.handle.net/11427/28071.

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

Council of Science Editors:

Nsengimana J. Uganda's state responsibility under international law to safeguard refugee children's right to access education. [Thesis]. University of Cape Town; 2018. Available from: http://hdl.handle.net/11427/28071

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

University of Cape Town

26. Hatupopi, Petrus. The responsibility to protect (R2P): an analysis of the fulfillment of the obligation borne by the Nigerian Government and the international community to protect the Nigerian population from Boko Haram.

Degree: Image, Public Law, 2017, University of Cape Town

URL: http://hdl.handle.net/11427/27491

► This dissertation investigated the doctrine of the responsibility to protect (R2P), which was unanimously endorsed at the 2005 UN World Summit by all the UN… (more)

▼ This dissertation investigated the doctrine of the responsibility to protect (R2P), which was unanimously endorsed at the 2005 UN World Summit by all the UN Member States. I determined the status of R2P in public international law. I found that, although the 2005 UN World Summit Outcome Document is not a source of international law, the responsibility to protect contained therein under paragraph 138, reiterated the existing international legal obligation of states to protect their populations from genocide, crimes against humanity, war crimes and ethnic cleansing. I have argued that if a state fails to fulfil its legal obligation to protect its population from mass violations of human rights, the principle of state sovereignty and its accompanying norm of non-intervention cannot prevent the international community from responding appropriately to protect the population of that state. But the international community does not have a legal obligation on how it should respond to situations of human rights violations. However, the responsibility to protect as contained in paragraph 139 of the 2005 UN World Summit Outcome Document and the constitutive documents of organizations such as the United Nations, the African Union and the Economic Community of West African States (ECOWAS) have given authority to the international community to intervene in their member states in order to protect populations from mass atrocity crimes. On that basis, the responsibility to protect on the part of the international community exists. But the international community retains the discretion to decide on whether it should respond and how it should react to situations that fall within the scope of R2P. I used the three pillars of the responsibility to protect, contained in the 2009 report of the UN Secretary General to determine how the responsibility to protect was implemented in Nigeria to protect the population from crimes against humanity and war crimes perpetrated by members of the Islamic extremist militant group called Boko Haram. I analyzed various measures taken by the Nigerian government, the United Nations, the African Union, and the Economic Community of West African States (ECOWAS) and concluded that the measures taken were not effective in defeating Boko Haram. Hence, I found that the responsibility to protect was not successfully implemented in Nigeria. Advisors/Committee Members: Powell, Cathleen (advisor).

Subjects/Keywords: International Law; Human Rights Law

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APA (6^th Edition):

Hatupopi, P. (2017). The responsibility to protect (R2P): an analysis of the fulfillment of the obligation borne by the Nigerian Government and the international community to protect the Nigerian population from Boko Haram. (Thesis). University of Cape Town. Retrieved from http://hdl.handle.net/11427/27491

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

Chicago Manual of Style (16^th Edition):

Hatupopi, Petrus. “The responsibility to protect (R2P): an analysis of the fulfillment of the obligation borne by the Nigerian Government and the international community to protect the Nigerian population from Boko Haram.” 2017. Thesis, University of Cape Town. Accessed April 10, 2021. http://hdl.handle.net/11427/27491.

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

MLA Handbook (7^th Edition):

Hatupopi, Petrus. “The responsibility to protect (R2P): an analysis of the fulfillment of the obligation borne by the Nigerian Government and the international community to protect the Nigerian population from Boko Haram.” 2017. Web. 10 Apr 2021.

Vancouver:

Hatupopi P. The responsibility to protect (R2P): an analysis of the fulfillment of the obligation borne by the Nigerian Government and the international community to protect the Nigerian population from Boko Haram. [Internet] [Thesis]. University of Cape Town; 2017. [cited 2021 Apr 10]. Available from: http://hdl.handle.net/11427/27491.

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

Council of Science Editors:

Hatupopi P. The responsibility to protect (R2P): an analysis of the fulfillment of the obligation borne by the Nigerian Government and the international community to protect the Nigerian population from Boko Haram. [Thesis]. University of Cape Town; 2017. Available from: http://hdl.handle.net/11427/27491

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

University of Cape Town

27. Bota, Jenala. A 'harvest' in Malawi: the position of albinism in Refugee Law.

Degree: Master Thesis, Public Law, 2020, University of Cape Town

URL: http://hdl.handle.net/11427/32449

► The albinism community in Malawi has been faced with gruesome human rights violations for the past decade. These violations have included, assaults, kidnapping, mutilations, and… (more)

▼ The albinism community in Malawi has been faced with gruesome human rights violations for the past decade. These violations have included, assaults, kidnapping, mutilations, and murder. The cause of such violations is that the community of Malawi has for so long embraced the superstitious belief that the body parts of people with albinism are an essential charm for good luck. As a result of this, the albino community faces extinction because of the small population. The definition of a refugee under the 1951 Refugee Convention on the other hand, only provides for five grounds of persecution which includes race, religion, nationality, political opinion and membership of a particular social group. The dissertation seeks to unravel whether the international law grants refugee status to people with albinism. In response to the question, the dissertation analyses the definition of a refugee under the 1951 Convention. Persecution and inability of a State to protect victims of human rights violations are important elements to establish a solid case for refugee application. Hence, the dissertation tends to analyse whether the treatment of people with albinism in Malawi amounts to persecution. Besides, whether, they could be granted refugee status in other countries. The dissertation, furthermore, tends to analyse whether there are other mechanisms of the international community that are used to protect people with albinism. The findings in this thesis are that albinism is a ground of persecution because of the treatment that is followed due to their defined characteristics. That due to certain factors that needs to be satisfied to amount to effective national protection; Malawi has failed to protect people with albinism. Therefore, based on those factors, people with albinism could be granted international protection of refugees. Though there are other mechanisms by the international community used to protect people with albinism, there is a need to change the definition of a refugee under the 1951 Convention to accommodate problems arising in the contemporary world. Advisors/Committee Members: Lutchman, Salona (advisor).

Subjects/Keywords: Human Rights Law; Refugee Law

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APA · Chicago · MLA · Vancouver · CSE | Export to Zotero / EndNote / Reference Manager

APA (6^th Edition):

Bota, J. (2020). A 'harvest' in Malawi: the position of albinism in Refugee Law. (Masters Thesis). University of Cape Town. Retrieved from http://hdl.handle.net/11427/32449

Chicago Manual of Style (16^th Edition):

Bota, Jenala. “A 'harvest' in Malawi: the position of albinism in Refugee Law.” 2020. Masters Thesis, University of Cape Town. Accessed April 10, 2021. http://hdl.handle.net/11427/32449.

MLA Handbook (7^th Edition):

Bota, Jenala. “A 'harvest' in Malawi: the position of albinism in Refugee Law.” 2020. Web. 10 Apr 2021.

Vancouver:

Bota J. A 'harvest' in Malawi: the position of albinism in Refugee Law. [Internet] [Masters thesis]. University of Cape Town; 2020. [cited 2021 Apr 10]. Available from: http://hdl.handle.net/11427/32449.

Council of Science Editors:

Bota J. A 'harvest' in Malawi: the position of albinism in Refugee Law. [Masters Thesis]. University of Cape Town; 2020. Available from: http://hdl.handle.net/11427/32449

University of Cape Town

28. Tunde-Yara, Faith. Human trafficking for the purpose of organ removal : a human rights based perspective.

Degree: Image, Public Law, 2016, University of Cape Town

URL: http://hdl.handle.net/11427/20807

► Human trafficking for the purpose of organ removal, known to be an obscure and uncommon form of trafficking in persons, has since become a popular… (more)

▼ Human trafficking for the purpose of organ removal, known to be an obscure and uncommon form of trafficking in persons, has since become a popular phenomenon across various countries of the world. The crime is recognized in the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially women and children, which supplements the United Nations Convention against Transnational Organized Crime. A reason for the inclusion of this form of trafficking in this particular international instrument on transnational organized crime is because most forms of trafficking, and more particularly human trafficking for the purpose of organ removal, as well as organ trafficking are generally perpetrated by transnational organized criminal groups. This dissertation seeks to consider the crime in detail, from a human right-based approach. This approach acknowledges that trafficking in all its forms, is a violation of human rights and seeks to depart from the common debates surrounding the spread of organ trafficking over the years. A large proportion of these debates have attributed the shortage of organs to the spread of the organ black market and organ trafficking in general. These debates have therefore focused on addressing the shortage of organs by developing systems to promote altruistic donation of organs. Even though there is an international recognition and admittance of the fact that human trafficking for the purpose of organ removal constitutes a serious human right abuse, there is still a wide gap in the body of research that focuses on the human right abuses involved in this type of human trafficking, and the need to protect and promote the rights of victim-donors. The aforementioned gap will serve as the crux of this dissertation as efforts will be made to address the inherent human rights abuses that victim-donors face. This dissertation will begin by introducing the crime of human trafficking through a brief historical overview. It will then proceed to give a background information on human trafficking for the purpose of organ removal. Subsequent chapters will address in detail the trends and patterns of the crime, the modus operandi of organ traffickers, the role players in organ trafficking networks, the consequences of the crime on the victims involved, the inherent human right violations promoted through the continuous perpetration of the crime of human trafficking for the purpose of organ removal, and the responses that have been given to curbing the crime from different international, regional and national institutions. Case studies will be examined to buttress the facts and findings of the entire dissertation. Advisors/Committee Members: Amien, Waheeda (advisor).

Subjects/Keywords: Human Rights Law; Human Trafficking

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APA (6^th Edition):

Tunde-Yara, F. (2016). Human trafficking for the purpose of organ removal : a human rights based perspective. (Thesis). University of Cape Town. Retrieved from http://hdl.handle.net/11427/20807

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

Chicago Manual of Style (16^th Edition):

Tunde-Yara, Faith. “Human trafficking for the purpose of organ removal : a human rights based perspective.” 2016. Thesis, University of Cape Town. Accessed April 10, 2021. http://hdl.handle.net/11427/20807.

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

MLA Handbook (7^th Edition):

Tunde-Yara, Faith. “Human trafficking for the purpose of organ removal : a human rights based perspective.” 2016. Web. 10 Apr 2021.

Vancouver:

Tunde-Yara F. Human trafficking for the purpose of organ removal : a human rights based perspective. [Internet] [Thesis]. University of Cape Town; 2016. [cited 2021 Apr 10]. Available from: http://hdl.handle.net/11427/20807.

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

Council of Science Editors:

Tunde-Yara F. Human trafficking for the purpose of organ removal : a human rights based perspective. [Thesis]. University of Cape Town; 2016. Available from: http://hdl.handle.net/11427/20807

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

Macquarie University

29. Pratt, Lara Michelle. Legal and political protections of fundamental rights: strengths and weaknesses : a comparative study.

Degree: PhD, 2011, Macquarie University

URL: http://hdl.handle.net/1959.14/1276867

►

Bibliography: p. 262-287.

1. Introduction – 2. Jurisdictions – 3. Legal protections – 4. Political protections – 5. Conclusion: the interaction of legal and political… (more)

▼

Bibliography: p. 262-287.

1. Introduction – 2. Jurisdictions – 3. Legal protections – 4. Political protections – 5. Conclusion: the interaction of legal and political protections.

The protection of fundamental rights is an important concern of modern legal systems. Fundamental rights are representative of basic, core interests which are viewed as being so important that they should not be infringed except in limited, clearly defined circumstances. This thesis investigates the ways in which four jurisdictions - Australia, Canada, the European Union (EU) and the United Kingdom (UK) - have sought to ensure that primary legislation does not unduly restrict fundamental rights and it assesses the strengths and weaknesses of the various approaches. – The protection of fundamental rights against legislative encroachment is secured by legal protections and political protections. The former involve a judicial consideration of the rights-compatibility of legislation, while the latter require that the executive and legislature devote attention to the rights-implications of legislative proposals prior to their enactment into law. Legal protections take four forms and each of the four jurisdictions is broadly representative of one of these forms. – The inclusion of fundamental rights as part of the general principles of Union Law and the inclusion of the Charter of Fundamental Rights of the European Union within the constitutional Treaties have resulted in the EU offering strong-form judicial review, whereby rights are given a status which allows courts to find rights-incompatible legislation invalid. In Canada, weak-form judicial review (constitutional) derives from the constitutional Canadian Charter of Rights and Freedoms. Courts can find rightsincompatible legislation invalid, but the legislature is able to override the judicial decision and re-enact the legislation, notwithstanding the rights-incompatibility. The UK has a bill of rights which is a legislative instrument and offers weak-form judicial review (legislative) as the legal protection of rights. A strong interpretative obligation is imposed on the courts to interpret legislation in a rights-compatible manner, so far as it is possible to do so. While the court can declare that legislation is unable to be interpreted in a manner compatible with rights, the legislation will remain valid despite the incompatibility. Finally, in the absence of a specific rights instrument and judicial review as to compatibility with fundamental rights, the legal protection of rights in Australia relies primarily on a rebuttable presumption that legislation is intended to be rights-compatible. This presumption influences the interpretation of statutes. – This thesis will explain the strengths and weaknesses of legal protections. It will also demonstrate that legal protections can be viewed as situated along a spectrum of strengths and weaknesses. Adoption of a form of legal protection which emphasises the strengths of legal protections carries the cost of similarly emphasising…

Advisors/Committee Members: Macquarie University. Macquarie Law School.

Subjects/Keywords: Human rights – Australia; Human rights – Canada; Human rights – Great Britain; Human rights – Europe; Civil rights; rights; comparative law; human rights

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APA · Chicago · MLA · Vancouver · CSE | Export to Zotero / EndNote / Reference Manager

APA (6^th Edition):

Pratt, L. M. (2011). Legal and political protections of fundamental rights: strengths and weaknesses : a comparative study. (Doctoral Dissertation). Macquarie University. Retrieved from http://hdl.handle.net/1959.14/1276867

Chicago Manual of Style (16^th Edition):

Pratt, Lara Michelle. “Legal and political protections of fundamental rights: strengths and weaknesses : a comparative study.” 2011. Doctoral Dissertation, Macquarie University. Accessed April 10, 2021. http://hdl.handle.net/1959.14/1276867.

MLA Handbook (7^th Edition):

Pratt, Lara Michelle. “Legal and political protections of fundamental rights: strengths and weaknesses : a comparative study.” 2011. Web. 10 Apr 2021.

Vancouver:

Pratt LM. Legal and political protections of fundamental rights: strengths and weaknesses : a comparative study. [Internet] [Doctoral dissertation]. Macquarie University; 2011. [cited 2021 Apr 10]. Available from: http://hdl.handle.net/1959.14/1276867.

Council of Science Editors:

Pratt LM. Legal and political protections of fundamental rights: strengths and weaknesses : a comparative study. [Doctoral Dissertation]. Macquarie University; 2011. Available from: http://hdl.handle.net/1959.14/1276867

30. La Macchia, Graeme Lyle. Big Gubba Business: The making of the United Nations Declaration of the Rights of Indigenous Peoples, first nations resurgence and the Australian connection.

Degree: PhD, 2018, Australian Catholic University

URL: https://researchbank.acu.edu.au/theses/799

► Incorporating a significant component of Yarning-based oral history, Big Gubba Business investigates the making of the United Nations Declaration on the Rights of Indigenous… (more)

Subjects/Keywords: Human Rights Law; Indigenous Studies

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APA · Chicago · MLA · Vancouver · CSE | Export to Zotero / EndNote / Reference Manager

APA (6^th Edition):

La Macchia, G. L. (2018). Big Gubba Business: The making of the United Nations Declaration of the Rights of Indigenous Peoples, first nations resurgence and the Australian connection. (Doctoral Dissertation). Australian Catholic University. Retrieved from https://researchbank.acu.edu.au/theses/799

Chicago Manual of Style (16^th Edition):

La Macchia, Graeme Lyle. “Big Gubba Business: The making of the United Nations Declaration of the Rights of Indigenous Peoples, first nations resurgence and the Australian connection.” 2018. Doctoral Dissertation, Australian Catholic University. Accessed April 10, 2021. https://researchbank.acu.edu.au/theses/799.

MLA Handbook (7^th Edition):

La Macchia, Graeme Lyle. “Big Gubba Business: The making of the United Nations Declaration of the Rights of Indigenous Peoples, first nations resurgence and the Australian connection.” 2018. Web. 10 Apr 2021.

Vancouver:

La Macchia GL. Big Gubba Business: The making of the United Nations Declaration of the Rights of Indigenous Peoples, first nations resurgence and the Australian connection. [Internet] [Doctoral dissertation]. Australian Catholic University; 2018. [cited 2021 Apr 10]. Available from: https://researchbank.acu.edu.au/theses/799.

Council of Science Editors:

La Macchia GL. Big Gubba Business: The making of the United Nations Declaration of the Rights of Indigenous Peoples, first nations resurgence and the Australian connection. [Doctoral Dissertation]. Australian Catholic University; 2018. Available from: https://researchbank.acu.edu.au/theses/799

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Open Access Theses and Dissertations