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A just culture : restoring justice towards a culture of human rights
- Authors: McConnell, Jesse
- Date: 2005
- Subjects: South Africa. Truth and Reconciliation Commission , Reconciliation , Restorative justice , Justice , Human rights , South Africa -- Politics and government -- 20th century
- Language: English
- Type: Thesis , Masters , MA
- Identifier: vital:2860 , http://hdl.handle.net/10962/d1007594 , South Africa. Truth and Reconciliation Commission , Reconciliation , Restorative justice , Justice , Human rights , South Africa -- Politics and government -- 20th century
- Description: This thesis seeks to investigate the possibility that the binary opposition between retributive and restorative forms of justice that structures the discourse on justice is unhelpful and unnecessary, particularly for societies seeking to extricate themselves from violent conflict and towards building peace and democracy. I shall argue for the importance of considering restorative justice as conceptually and historically prior to the possibility of retributive justice rather than the negation of one or the other, as well as advocate the potentially greater transformative power of the values of restorative justice which may provide a constructive alternative to retributive justice in the context of post-conflict peacebuilding.
- Full Text:
- Authors: McConnell, Jesse
- Date: 2005
- Subjects: South Africa. Truth and Reconciliation Commission , Reconciliation , Restorative justice , Justice , Human rights , South Africa -- Politics and government -- 20th century
- Language: English
- Type: Thesis , Masters , MA
- Identifier: vital:2860 , http://hdl.handle.net/10962/d1007594 , South Africa. Truth and Reconciliation Commission , Reconciliation , Restorative justice , Justice , Human rights , South Africa -- Politics and government -- 20th century
- Description: This thesis seeks to investigate the possibility that the binary opposition between retributive and restorative forms of justice that structures the discourse on justice is unhelpful and unnecessary, particularly for societies seeking to extricate themselves from violent conflict and towards building peace and democracy. I shall argue for the importance of considering restorative justice as conceptually and historically prior to the possibility of retributive justice rather than the negation of one or the other, as well as advocate the potentially greater transformative power of the values of restorative justice which may provide a constructive alternative to retributive justice in the context of post-conflict peacebuilding.
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An investigation into the structure and process of forgiveness following gross human rights violations
- Authors: Adonis, Cyril Kenneth
- Date: 1999
- Subjects: Human rights , Forgiveness -- South Africa , South Africa. Truth and Reconciliation Commission , Amnesty -- South Africa , Reconciliation
- Language: English
- Type: Thesis , Masters , MA
- Identifier: vital:2921 , http://hdl.handle.net/10962/d1002430 , Human rights , Forgiveness -- South Africa , South Africa. Truth and Reconciliation Commission , Amnesty -- South Africa , Reconciliation
- Description: This study focuses on the structure and process of forgiveness as experienced by individuals, from the East London and surrounding areas, who either suffered gross human rights violations or who are related to someone who suffered gross human rights violations during the Apartheid era. Those who participated in the study testified at the Truth and Reconciliation Commission and expressed forgiveness towards the perpetrators of the violations. The aims of the study were to reveal: the participants' structure cif forgiveness, i.e. how they define forgiveness; the process of forgiveness, i.e. the changes that took place from the time of the violation up until the participants forgave the perpetrators: and, the relation. if any. between the participants' structure and process of forgiveness. It is argued that mainstream Psychology has neglected to study forgiveness because the subject matter is incompatible with the natural scientific method. For this reason, the study was approached from a hermeneutical paradigm. This was motivated by its ability to explicate the meaning and content of phenomena. Unstructured qualitative interviews were conducted with the participants. Data was analyzed using a multi-layered process of progressively deeper interpretation, employing a reading guide technique. Results indicated that authentic forgiveness is an unconditional commitment on the part of victims and survivors to relate positively towards the perpetrators. The relationship should include non-bitterness, non-vengeance, unconditional love and respect for their human rights. Another significant dimension of the structure of forgiveness is the fact that the desire for the truth is not abandoned although forgiveness has taken place. Forgiveness also does not take away the effects of the violation. This means that one does not forget although forgiveness has been granted. Results further indicate that the forgiveness process is highly complex, individualized and not instantaneous. The individuals have to deal with various intrapersonal conflicts and anxieties as a result of the violation, before forgiveness is explored as an option, and before they can finally forgive. Significant interrelations between the structure and process of forgiveness were also identified.
- Full Text:
- Authors: Adonis, Cyril Kenneth
- Date: 1999
- Subjects: Human rights , Forgiveness -- South Africa , South Africa. Truth and Reconciliation Commission , Amnesty -- South Africa , Reconciliation
- Language: English
- Type: Thesis , Masters , MA
- Identifier: vital:2921 , http://hdl.handle.net/10962/d1002430 , Human rights , Forgiveness -- South Africa , South Africa. Truth and Reconciliation Commission , Amnesty -- South Africa , Reconciliation
- Description: This study focuses on the structure and process of forgiveness as experienced by individuals, from the East London and surrounding areas, who either suffered gross human rights violations or who are related to someone who suffered gross human rights violations during the Apartheid era. Those who participated in the study testified at the Truth and Reconciliation Commission and expressed forgiveness towards the perpetrators of the violations. The aims of the study were to reveal: the participants' structure cif forgiveness, i.e. how they define forgiveness; the process of forgiveness, i.e. the changes that took place from the time of the violation up until the participants forgave the perpetrators: and, the relation. if any. between the participants' structure and process of forgiveness. It is argued that mainstream Psychology has neglected to study forgiveness because the subject matter is incompatible with the natural scientific method. For this reason, the study was approached from a hermeneutical paradigm. This was motivated by its ability to explicate the meaning and content of phenomena. Unstructured qualitative interviews were conducted with the participants. Data was analyzed using a multi-layered process of progressively deeper interpretation, employing a reading guide technique. Results indicated that authentic forgiveness is an unconditional commitment on the part of victims and survivors to relate positively towards the perpetrators. The relationship should include non-bitterness, non-vengeance, unconditional love and respect for their human rights. Another significant dimension of the structure of forgiveness is the fact that the desire for the truth is not abandoned although forgiveness has taken place. Forgiveness also does not take away the effects of the violation. This means that one does not forget although forgiveness has been granted. Results further indicate that the forgiveness process is highly complex, individualized and not instantaneous. The individuals have to deal with various intrapersonal conflicts and anxieties as a result of the violation, before forgiveness is explored as an option, and before they can finally forgive. Significant interrelations between the structure and process of forgiveness were also identified.
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An investigation of the extent, effects and impact of Gender-based Violence in Duncan Village, East London
- Authors: Peter, Noma-Afrika
- Date: 2019
- Subjects: Violence -- Sex differences , Human rights
- Language: English
- Type: Thesis , Masters , M.Phil (Human rights)
- Identifier: http://hdl.handle.net/10353/16851 , vital:40779
- Description: This research seeks to investigate GBV against women in Duncan Village in the East London area to find out the extent of the prevalence, its effect, and remedial solutions. The study adopted a qualitative method. The data was collected through semi-structured one-to one interviews from 16 participants using systematic random sampling. The findings revealed that GBV is prevalent in Duncan Village. Most of the women residing in Duncan Village are dependent on child support grant and raise their children alone without the support of their biological fathers. The study further revealed that GBV against women often happens during day time and the victims are either married or single women. One of the contributing factors of GBV is unemployment. Therefore, this study recommends that awareness of GBV should be made continuously in communities by the government and stakeholders. In addition, the Commission for Gender Equality and NGOs that deal with GBV should be visible in all wards so that their services are known and utilised. The Department of Women Affairs should be the main driver in ensuring that women from previously disadvantaged communities are economically empowered, for example, by initiating income generating projects. However, they too should first be capacitated on business and financial management skills.
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- Authors: Peter, Noma-Afrika
- Date: 2019
- Subjects: Violence -- Sex differences , Human rights
- Language: English
- Type: Thesis , Masters , M.Phil (Human rights)
- Identifier: http://hdl.handle.net/10353/16851 , vital:40779
- Description: This research seeks to investigate GBV against women in Duncan Village in the East London area to find out the extent of the prevalence, its effect, and remedial solutions. The study adopted a qualitative method. The data was collected through semi-structured one-to one interviews from 16 participants using systematic random sampling. The findings revealed that GBV is prevalent in Duncan Village. Most of the women residing in Duncan Village are dependent on child support grant and raise their children alone without the support of their biological fathers. The study further revealed that GBV against women often happens during day time and the victims are either married or single women. One of the contributing factors of GBV is unemployment. Therefore, this study recommends that awareness of GBV should be made continuously in communities by the government and stakeholders. In addition, the Commission for Gender Equality and NGOs that deal with GBV should be visible in all wards so that their services are known and utilised. The Department of Women Affairs should be the main driver in ensuring that women from previously disadvantaged communities are economically empowered, for example, by initiating income generating projects. However, they too should first be capacitated on business and financial management skills.
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Constitutional and human-rights aspects of marine spatial planning
- Date: 2018
- Subjects: Human rights , Marine resources development -- Law and legislation , Law of the sea
- Type: Thesis , Masters , LLM
- Identifier: http://hdl.handle.net/10948/23470 , http://vital.seals.ac.za8080/10948/27255 , vital:30566
- Description: The importance of oceans cannot be overstated as they are vital for the environmental and economic well-being of South Africa. The state of South Africa’s ocean is on the decline due to increased human activities within its waters, which have caused devastation among marine resources that are limited in space, time and amount. These activities have caused elevated competition among ocean users resulting in undesirable effects such as loss of biodiversity. The challenge is not that these human activities are unregulated or unplanned, rather that there are planned and regulated on a sectoral basis by different sectors each with its own specific approach to the allocation and use of the ocean space. There is, therefore, a need for a holistic approach to ocean governance that views the ocean as a whole and not merely on a sectoral basis. The relatively new notion of Marine Spatial Planning (MSP) which establishes its authority in MSP instruments,1 has emerged as a comprehensive way to achieve this. This dissertation grapples with the questions surrounding whether the MSP instruments are consistent with the Constitution of the Republic of South Africa, 1996 (the Constitution). The dissertation departs by providing a background into the spatial jurisdiction of coastal states in the ocean space to clarify how far at sea South Africa can exercise its authority. This study concluded that even though the area of application claimed by the MSP Bill is consistent with the internationally prescribed territory of coastal states at sea, the MSP Bill should expressly state the different sovereign rights vested in coastal states by the United Nations Convention on the Law of the Sea, 1982 (‘the LOSC’) subject to the rights of other states in these waters. From here, the dissertation ventures into an analysis of which organs of state will be responsible for the development and implementation of MSP since it is an exercise of public power by the state. This part of the discussion involves inter alia an in-depth analysis of the separation of powers doctrine as far as planning matters are concerned. An essential premise is that MSP regulation requires all spheres of government to cooperate with each other. It is proposed that the MSP Bill should 1 The MSP Bill, GN 347 in GG 39847 of 2016-03-24 and the National MSP Framework for South Africa, GN 936 in GG 40219 of 2016-08-19. provide how these spheres of government should work together for the successful implementation of MSP. This dissertation then proceeds to discuss the right to equality, the environmental right, and the right to freedom of trade, occupation and profession which could potentially be impacted by the implementation of MSP. It is submitted that in the implementation of MSP, the goal must be to achieve an appropriate balance amongst these competing rights. Finally, considering the above analysis and discussions this dissertation moves to propose recommendations on how the MSP instruments can be amended to give effect to the requirements of these rights. Generally, the findings of this research reflect the consistency of the MSP instruments with the Constitution. However, for MSP to be implemented constitutionally, the proposed recommendations must be adhered to.
- Full Text:
- Date: 2018
- Subjects: Human rights , Marine resources development -- Law and legislation , Law of the sea
- Type: Thesis , Masters , LLM
- Identifier: http://hdl.handle.net/10948/23470 , http://vital.seals.ac.za8080/10948/27255 , vital:30566
- Description: The importance of oceans cannot be overstated as they are vital for the environmental and economic well-being of South Africa. The state of South Africa’s ocean is on the decline due to increased human activities within its waters, which have caused devastation among marine resources that are limited in space, time and amount. These activities have caused elevated competition among ocean users resulting in undesirable effects such as loss of biodiversity. The challenge is not that these human activities are unregulated or unplanned, rather that there are planned and regulated on a sectoral basis by different sectors each with its own specific approach to the allocation and use of the ocean space. There is, therefore, a need for a holistic approach to ocean governance that views the ocean as a whole and not merely on a sectoral basis. The relatively new notion of Marine Spatial Planning (MSP) which establishes its authority in MSP instruments,1 has emerged as a comprehensive way to achieve this. This dissertation grapples with the questions surrounding whether the MSP instruments are consistent with the Constitution of the Republic of South Africa, 1996 (the Constitution). The dissertation departs by providing a background into the spatial jurisdiction of coastal states in the ocean space to clarify how far at sea South Africa can exercise its authority. This study concluded that even though the area of application claimed by the MSP Bill is consistent with the internationally prescribed territory of coastal states at sea, the MSP Bill should expressly state the different sovereign rights vested in coastal states by the United Nations Convention on the Law of the Sea, 1982 (‘the LOSC’) subject to the rights of other states in these waters. From here, the dissertation ventures into an analysis of which organs of state will be responsible for the development and implementation of MSP since it is an exercise of public power by the state. This part of the discussion involves inter alia an in-depth analysis of the separation of powers doctrine as far as planning matters are concerned. An essential premise is that MSP regulation requires all spheres of government to cooperate with each other. It is proposed that the MSP Bill should 1 The MSP Bill, GN 347 in GG 39847 of 2016-03-24 and the National MSP Framework for South Africa, GN 936 in GG 40219 of 2016-08-19. provide how these spheres of government should work together for the successful implementation of MSP. This dissertation then proceeds to discuss the right to equality, the environmental right, and the right to freedom of trade, occupation and profession which could potentially be impacted by the implementation of MSP. It is submitted that in the implementation of MSP, the goal must be to achieve an appropriate balance amongst these competing rights. Finally, considering the above analysis and discussions this dissertation moves to propose recommendations on how the MSP instruments can be amended to give effect to the requirements of these rights. Generally, the findings of this research reflect the consistency of the MSP instruments with the Constitution. However, for MSP to be implemented constitutionally, the proposed recommendations must be adhered to.
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Critical reflections on the war on terrorism from an international human rights perspective
- Fabbriciani, Antonio Antonino
- Authors: Fabbriciani, Antonio Antonino
- Date: 2010
- Subjects: Human rights , War on Terrorism, 2001-2009 , Civil rights , International law
- Language: English
- Type: Thesis , Doctoral , DPhil
- Identifier: vital:9041 , http://hdl.handle.net/10948/1205 , Human rights , War on Terrorism, 2001-2009 , Civil rights , International law
- Description: This study explored the balancing out of the rights associated with terrorist and counter-terrorist attacks by using descriptive case studies of the US 9/11 attacks; and the counter-terrorist attacks on Afghanistan and Iraq. The research was conducted within a critical theory paradigm, drawing on the ideas of Habermas and other Critical Theorists. The research design was influenced by the securitive and ideological nature of the topic and it was decided that an extensive review of literature would be more suitable than a field study. A small number of interviews added to the richness of the data. Human rights, needs and international relations were investigated to serve as a theoretical starting-point for the study (Chapter 2). The case studies were subsequently explored against the background of this theoretical approach. This thesis therefore assessed the impact of human rights law on terrorism and counter-terrorism attacks under the Human Rights Act (1998). It considered how the provisions of the Human Rights Act have influenced the formulation and interpretation of anti-terrorism laws, and it examined the role of the judiciary in adjudicating disputes between the individual and the state. It further discussed human needs and the progress on human rights, terrorist attacks, as well as counter-terrorism attacks. Extensive data was gathered on the 9/11 attacks, and it was concluded that these attacks fall within the definition of crimes against humanity under international human rights jurisprudence. To bring about a truly secure world we must adopt a new paradigm that shifts priority to the security of the individuals and of communities to achieving human security, the honouring of human rights, and respect for the rule of law. This will obviously require a renewed commitment by all individuals and a shared sense of responsibility for all people, all over the world. What we need now is a major course correction – a new iii A. Fabbriciani approach which begins with a broader understanding of what defines human rights and the rule of law (Wilson, 2007). The study also focuses on counter-terrorist attacks in Afghanistan and Iraq (Chapters 3 and 4). It was shown that counter-terrorist attacks had an effect on the global economic system and development policies, which have been dominated by ideological strategies for many years. However, resistance has come from Islamic states, which have realised that new-liberal economic practices are incompatible with their theological and economic traditions. This has caused a situation to rethink global development programmes by political leaders, and to move away from new-liberal schemes towards true global development strategies. One of the main findings of the study was that the crimes of persecution and torture on the basis of political or religious views have been perpetrated by both parties, namely Al-Qaeda, and the US and its allies. It has been shown that the explored acts of terrorism and counter-attacks represent crimes against humanity, as defined by the relevant provisions of international law.
- Full Text:
- Authors: Fabbriciani, Antonio Antonino
- Date: 2010
- Subjects: Human rights , War on Terrorism, 2001-2009 , Civil rights , International law
- Language: English
- Type: Thesis , Doctoral , DPhil
- Identifier: vital:9041 , http://hdl.handle.net/10948/1205 , Human rights , War on Terrorism, 2001-2009 , Civil rights , International law
- Description: This study explored the balancing out of the rights associated with terrorist and counter-terrorist attacks by using descriptive case studies of the US 9/11 attacks; and the counter-terrorist attacks on Afghanistan and Iraq. The research was conducted within a critical theory paradigm, drawing on the ideas of Habermas and other Critical Theorists. The research design was influenced by the securitive and ideological nature of the topic and it was decided that an extensive review of literature would be more suitable than a field study. A small number of interviews added to the richness of the data. Human rights, needs and international relations were investigated to serve as a theoretical starting-point for the study (Chapter 2). The case studies were subsequently explored against the background of this theoretical approach. This thesis therefore assessed the impact of human rights law on terrorism and counter-terrorism attacks under the Human Rights Act (1998). It considered how the provisions of the Human Rights Act have influenced the formulation and interpretation of anti-terrorism laws, and it examined the role of the judiciary in adjudicating disputes between the individual and the state. It further discussed human needs and the progress on human rights, terrorist attacks, as well as counter-terrorism attacks. Extensive data was gathered on the 9/11 attacks, and it was concluded that these attacks fall within the definition of crimes against humanity under international human rights jurisprudence. To bring about a truly secure world we must adopt a new paradigm that shifts priority to the security of the individuals and of communities to achieving human security, the honouring of human rights, and respect for the rule of law. This will obviously require a renewed commitment by all individuals and a shared sense of responsibility for all people, all over the world. What we need now is a major course correction – a new iii A. Fabbriciani approach which begins with a broader understanding of what defines human rights and the rule of law (Wilson, 2007). The study also focuses on counter-terrorist attacks in Afghanistan and Iraq (Chapters 3 and 4). It was shown that counter-terrorist attacks had an effect on the global economic system and development policies, which have been dominated by ideological strategies for many years. However, resistance has come from Islamic states, which have realised that new-liberal economic practices are incompatible with their theological and economic traditions. This has caused a situation to rethink global development programmes by political leaders, and to move away from new-liberal schemes towards true global development strategies. One of the main findings of the study was that the crimes of persecution and torture on the basis of political or religious views have been perpetrated by both parties, namely Al-Qaeda, and the US and its allies. It has been shown that the explored acts of terrorism and counter-attacks represent crimes against humanity, as defined by the relevant provisions of international law.
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Discursive psychological analysis on the construction and performance of identity through rights talk on social media related to #FeesMustFall
- Authors: Mashaba, Tumelo Thabo
- Date: 2019
- Subjects: Identity , Right to education , Human rights , Social media -- Political aspects -- South Africa , College students -- Political activity -- South Africa , College students -- Attitudes -- South Africa , College students, Black -- Psychology -- South Africa , College students, Black -- Attitudes -- South Africa , College students -- Psychology -- South Africa , Student protestors -- Attitudes -- South Africa , Student movements -- South Africa , Internet and activisim -- South Africa , Internet in political campaigns -- South Africa , Higher education and state -- South Africa
- Language: English
- Type: text , Thesis , Masters , MA
- Identifier: http://hdl.handle.net/10962/96668 , vital:31306
- Description: #FeesMustFall emerged at the end of 2015 after an announcement that tuitions would increase. The student protests occurred across higher education institutions within the country in which mass shutdowns were initiated, there was the presence of violence and the use of social media. The protests occurred in 2016 but experienced a shift in tone in terms of the violence present in the protests. The research sought to unpack how identity was constructed and performed through rights talk in regards to #FeesMustFall on social media. The methodology worked from a social constructionist perspective where the research consisted of a discursive psychological analytical approach to the texts presented. The discursive repertoires that were identified were: emotions repertoire; struggle repertoire; apartheid repertoire; racial repertoire; and rights repertoire. The subject positions revealed through the repertoires indicated that protesters and supporters constructed and performed their identity in particular ways. They were positioned as black; working class; victims who are enacting a sense of agency; denied their rights; have moral authority and are a parallel to the protesters under apartheid. The repertoire of struggle, racial and apartheid all link with each other. The rights repertoire is the foundation and the emotions repertoire is the tone of the student protests.
- Full Text:
- Authors: Mashaba, Tumelo Thabo
- Date: 2019
- Subjects: Identity , Right to education , Human rights , Social media -- Political aspects -- South Africa , College students -- Political activity -- South Africa , College students -- Attitudes -- South Africa , College students, Black -- Psychology -- South Africa , College students, Black -- Attitudes -- South Africa , College students -- Psychology -- South Africa , Student protestors -- Attitudes -- South Africa , Student movements -- South Africa , Internet and activisim -- South Africa , Internet in political campaigns -- South Africa , Higher education and state -- South Africa
- Language: English
- Type: text , Thesis , Masters , MA
- Identifier: http://hdl.handle.net/10962/96668 , vital:31306
- Description: #FeesMustFall emerged at the end of 2015 after an announcement that tuitions would increase. The student protests occurred across higher education institutions within the country in which mass shutdowns were initiated, there was the presence of violence and the use of social media. The protests occurred in 2016 but experienced a shift in tone in terms of the violence present in the protests. The research sought to unpack how identity was constructed and performed through rights talk in regards to #FeesMustFall on social media. The methodology worked from a social constructionist perspective where the research consisted of a discursive psychological analytical approach to the texts presented. The discursive repertoires that were identified were: emotions repertoire; struggle repertoire; apartheid repertoire; racial repertoire; and rights repertoire. The subject positions revealed through the repertoires indicated that protesters and supporters constructed and performed their identity in particular ways. They were positioned as black; working class; victims who are enacting a sense of agency; denied their rights; have moral authority and are a parallel to the protesters under apartheid. The repertoire of struggle, racial and apartheid all link with each other. The rights repertoire is the foundation and the emotions repertoire is the tone of the student protests.
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Human rights: an investigation into the importance of second generation rights
- Authors: Bentley, Kristina Anne
- Date: 1998
- Subjects: Human rights -- Philosophy , Human rights
- Language: English
- Type: Thesis , Masters , MA
- Identifier: vital:2759 , http://hdl.handle.net/10962/d1002969 , Human rights -- Philosophy , Human rights
- Description: This study examines the notion of universal human rights in the context of the importance of social and economic rights for the agency and dignity of human beings. It argues that the recognition of basic rights to what is necessary for physical well-being is essential to any adequate theory of human rights, and that rights of the civil and political variety depend on the recognition of social and economic rights if they are to be exercised. Therefore the secondary status which is usually accorded to social and economic rights results in an imbalanced ideal of human rights both in theory and in practice. This study is an attempt to place second generation rights in their proper context and to argue for them as human rights of equal status and importance. It focuses on the derivation of human rights in general, and shows that second generation rights may be accommodated within this structure. It further supports this position by showing that the categorical differences which are asserted to exist between first and second generation rights are based on a mistaken conception of positive and negative rights and duties, as well as an inadequate conception of liberty. The thesis shows that all rights generate a variety of duties, both positive and negative, and that an adequate theory of rights has to be able to accommodate the inevitability of conflicts of rights at the level of their enforcement. Consequently, this study argues there is no reason to give either class of right primary importance, as both first and second generation human rights are essential to the agency and dignity of a human being, and they are thus interdependent. Furthermore, the thesis shows that human rights can be balanced at the level of the obligations which they generate without compromising the deontological nature of such rights. This thesis argues that a theory of rights which is rooted in the liberal democratic notion of rights, such as that characterised by the choice theory of rights, is inadequate. It therefore argues that a benefit theory of rights must be adopted in order to accommodate conflicts of rights when they arise. The thesis argues that as such conflicts of rights are" most common in cases involving the assertion of social and economic rights, this balancing of rights is of special significance for the enforcement of second generation rights. Furthermore, this thesis argues for a theory of minimal interdependence of first and second generation rights, in order to accommodate the notion of first and second generation rights of equal status and importance, as well as to prevent an inflation of rights claims which would compromise the balancing of rights. It is argued that a reordering of values is necessary to take account of material well-being, as well as civil freedom, as both of these generate fundamental rights of equal status and importance.
- Full Text:
- Authors: Bentley, Kristina Anne
- Date: 1998
- Subjects: Human rights -- Philosophy , Human rights
- Language: English
- Type: Thesis , Masters , MA
- Identifier: vital:2759 , http://hdl.handle.net/10962/d1002969 , Human rights -- Philosophy , Human rights
- Description: This study examines the notion of universal human rights in the context of the importance of social and economic rights for the agency and dignity of human beings. It argues that the recognition of basic rights to what is necessary for physical well-being is essential to any adequate theory of human rights, and that rights of the civil and political variety depend on the recognition of social and economic rights if they are to be exercised. Therefore the secondary status which is usually accorded to social and economic rights results in an imbalanced ideal of human rights both in theory and in practice. This study is an attempt to place second generation rights in their proper context and to argue for them as human rights of equal status and importance. It focuses on the derivation of human rights in general, and shows that second generation rights may be accommodated within this structure. It further supports this position by showing that the categorical differences which are asserted to exist between first and second generation rights are based on a mistaken conception of positive and negative rights and duties, as well as an inadequate conception of liberty. The thesis shows that all rights generate a variety of duties, both positive and negative, and that an adequate theory of rights has to be able to accommodate the inevitability of conflicts of rights at the level of their enforcement. Consequently, this study argues there is no reason to give either class of right primary importance, as both first and second generation human rights are essential to the agency and dignity of a human being, and they are thus interdependent. Furthermore, the thesis shows that human rights can be balanced at the level of the obligations which they generate without compromising the deontological nature of such rights. This thesis argues that a theory of rights which is rooted in the liberal democratic notion of rights, such as that characterised by the choice theory of rights, is inadequate. It therefore argues that a benefit theory of rights must be adopted in order to accommodate conflicts of rights when they arise. The thesis argues that as such conflicts of rights are" most common in cases involving the assertion of social and economic rights, this balancing of rights is of special significance for the enforcement of second generation rights. Furthermore, this thesis argues for a theory of minimal interdependence of first and second generation rights, in order to accommodate the notion of first and second generation rights of equal status and importance, as well as to prevent an inflation of rights claims which would compromise the balancing of rights. It is argued that a reordering of values is necessary to take account of material well-being, as well as civil freedom, as both of these generate fundamental rights of equal status and importance.
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Implementation of Domestic Violence Act No 116 of 1998 in South Africa: a case study of two townships in Nkonkobe Municipality District Eastern Cape Province
- Authors: Mesatywa, Nontando Jennifer
- Date: 2008
- Subjects: Human rights , Feminist theory , Domestic Violence Act No 116 1998 -- South Africa
- Language: English
- Type: Thesis , Masters , MA (Human Rights)
- Identifier: vital:11107 , http://hdl.handle.net/10353/192 , Human rights , Feminist theory , Domestic Violence Act No 116 1998 -- South Africa
- Description: This is an exploratory study on the implementation of the Domestic Violence Act No 116 of 1998 in South Africa. It is a case study of two townships in the Nkonkobe Municipality District, Eastern Cape Province. The study was conducted at Ntselamanzi and Upper Qhumashe townships in Nkonkobe Municipality District, Eastern Cape. Since this is a qualitative exploratory study, in-depth interviews were conducted on a sample of ten women in abusive relationships and focus group interviews were conducted on five service providers for a triangulation. A study of related literature focused on African women in battered relationships. An African women’s perspective on the experiences of abuse have been explored. Gender based radical feminist views were discussed and legislations and conventions were analyzed from a human rights perspective. The implementation of the Domestic Violence Act and the role of service providers were also looked into. The findings suggest that African women experience abuse in partner relationships. They sustain grievous bodily harm, psychological, emotional and financial abuse. The patriarchy system, alcohol abuse, infidelity, traditional practices and failure to maintain children have been cited as some of the reasons. The social networks and service providers assisted these women to some extent. However, there is need for ethnic sensitive interdisciplinary training approach on African communities on the Act and a legal system that is accessible to rural women in order to curb further abuse. Various recommendations have been put forward. The study indicated a need for ethnic sensitive empowerment programs for the abused, rehabilitative programs that take into cognizance human rights violations of these women and the abusers, and effective legal remedies to prohibit women abuse.
- Full Text:
- Authors: Mesatywa, Nontando Jennifer
- Date: 2008
- Subjects: Human rights , Feminist theory , Domestic Violence Act No 116 1998 -- South Africa
- Language: English
- Type: Thesis , Masters , MA (Human Rights)
- Identifier: vital:11107 , http://hdl.handle.net/10353/192 , Human rights , Feminist theory , Domestic Violence Act No 116 1998 -- South Africa
- Description: This is an exploratory study on the implementation of the Domestic Violence Act No 116 of 1998 in South Africa. It is a case study of two townships in the Nkonkobe Municipality District, Eastern Cape Province. The study was conducted at Ntselamanzi and Upper Qhumashe townships in Nkonkobe Municipality District, Eastern Cape. Since this is a qualitative exploratory study, in-depth interviews were conducted on a sample of ten women in abusive relationships and focus group interviews were conducted on five service providers for a triangulation. A study of related literature focused on African women in battered relationships. An African women’s perspective on the experiences of abuse have been explored. Gender based radical feminist views were discussed and legislations and conventions were analyzed from a human rights perspective. The implementation of the Domestic Violence Act and the role of service providers were also looked into. The findings suggest that African women experience abuse in partner relationships. They sustain grievous bodily harm, psychological, emotional and financial abuse. The patriarchy system, alcohol abuse, infidelity, traditional practices and failure to maintain children have been cited as some of the reasons. The social networks and service providers assisted these women to some extent. However, there is need for ethnic sensitive interdisciplinary training approach on African communities on the Act and a legal system that is accessible to rural women in order to curb further abuse. Various recommendations have been put forward. The study indicated a need for ethnic sensitive empowerment programs for the abused, rehabilitative programs that take into cognizance human rights violations of these women and the abusers, and effective legal remedies to prohibit women abuse.
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Modern slavery and worst forms of child labour in South Africa: case of the former homeland areas
- Obi, A
- Authors: Obi, A
- Date: 2014
- Subjects: Human rights , Child labour , Slavery
- Language: English
- Type: Thesis , Masters , MA (Human Rights)
- Identifier: vital:11104 , http://hdl.handle.net/10353/d1016119 , Human rights , Child labour , Slavery
- Description: Despite a progressive constitution lauded as one of the best and most forward-looking in the world, with an advanced Bill of Rights, instances of human rights violations have been detected at all levels of the South African society. The most disturbing revelations have been associated with situations in many farming communities in South Africa. On the basis of a comprehensive nationwide study initiated in June 2001 and documented in 2003, the South African Human Rights Commission (SAHRC) confirmed widespread human rights violations on South African farms. Through the efforts of the South African Human Rights Commission, many of these violations have been brought to the attention of the authorities and there are already numerous actions being taken to contain and possibly eliminate them. Among these is the Child Labour Programme of Action which was adopted in 2003 by the large number of government departments that constitute the stakeholders, particularly those that have responsibility for labour, education, provincial and local government, water services, justice, policing, prosecution, and social development. However, the SAHRC study had limited coverage due to constraints of time and funding and did not pay adequate attention to the former independent homelands. In addition to this significant shortcoming, recent international experience reveals other forms of violations that may not be immediately obvious and therefore go undetected for a very long time. Among these, the International Labour Organization (ILO), together with various non-Governmental Organizations (NGOs) and other bodies have drawn attention to existence of what are termed “worst forms of child labour”. The latter involves a wide range of abuses to which under-age individuals are subjected against their will and often exposed to hazards that may leave them permanently excluded from formal educational and economic opportunities. The fact that national definitions differ complicates the situation. As a result, systematic investigation is needed to see to what extent local practices compare with international norms and standards. Similarly, the fact that the former independent homelands were not adequately covered in such an important study that aimed to inform policy on the optimal direction of the transformation process also raises serious questions that must be addressed. This mini-dissertation documents evidence based on a rapid appraisal of farm and non-farm environments in two polar regions of the province, namely the Port St John’s Municipality in the Oliver Tambo District Municipality of the former Transkei homeland and Alice in the Nkonkobe Municipality of the former Ciskei homeland. Descriptive and content analysis methodologies were employed to analyze the data obtained from interviews of employers of labour, the labourers themselves, as well as community members and “bystanders” who had opinions about the insertion of children into the labour market. Correlational analysis and logistic regression were performed to draw inferences about the determinants of child labour in the farming system. The indication is that child labour is an established phenomenon whose discussion is however quite sensitive and elicits a wide range of emotions. The role of socioeconomic factors in influencing the decision to engage child labour seems to be quite extensive. For instance, monthly income of household has important practical implications for national and global policy on the use of child labour are foreseen and form the basis for the recommendations put forward to address the associated concerns.
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- Authors: Obi, A
- Date: 2014
- Subjects: Human rights , Child labour , Slavery
- Language: English
- Type: Thesis , Masters , MA (Human Rights)
- Identifier: vital:11104 , http://hdl.handle.net/10353/d1016119 , Human rights , Child labour , Slavery
- Description: Despite a progressive constitution lauded as one of the best and most forward-looking in the world, with an advanced Bill of Rights, instances of human rights violations have been detected at all levels of the South African society. The most disturbing revelations have been associated with situations in many farming communities in South Africa. On the basis of a comprehensive nationwide study initiated in June 2001 and documented in 2003, the South African Human Rights Commission (SAHRC) confirmed widespread human rights violations on South African farms. Through the efforts of the South African Human Rights Commission, many of these violations have been brought to the attention of the authorities and there are already numerous actions being taken to contain and possibly eliminate them. Among these is the Child Labour Programme of Action which was adopted in 2003 by the large number of government departments that constitute the stakeholders, particularly those that have responsibility for labour, education, provincial and local government, water services, justice, policing, prosecution, and social development. However, the SAHRC study had limited coverage due to constraints of time and funding and did not pay adequate attention to the former independent homelands. In addition to this significant shortcoming, recent international experience reveals other forms of violations that may not be immediately obvious and therefore go undetected for a very long time. Among these, the International Labour Organization (ILO), together with various non-Governmental Organizations (NGOs) and other bodies have drawn attention to existence of what are termed “worst forms of child labour”. The latter involves a wide range of abuses to which under-age individuals are subjected against their will and often exposed to hazards that may leave them permanently excluded from formal educational and economic opportunities. The fact that national definitions differ complicates the situation. As a result, systematic investigation is needed to see to what extent local practices compare with international norms and standards. Similarly, the fact that the former independent homelands were not adequately covered in such an important study that aimed to inform policy on the optimal direction of the transformation process also raises serious questions that must be addressed. This mini-dissertation documents evidence based on a rapid appraisal of farm and non-farm environments in two polar regions of the province, namely the Port St John’s Municipality in the Oliver Tambo District Municipality of the former Transkei homeland and Alice in the Nkonkobe Municipality of the former Ciskei homeland. Descriptive and content analysis methodologies were employed to analyze the data obtained from interviews of employers of labour, the labourers themselves, as well as community members and “bystanders” who had opinions about the insertion of children into the labour market. Correlational analysis and logistic regression were performed to draw inferences about the determinants of child labour in the farming system. The indication is that child labour is an established phenomenon whose discussion is however quite sensitive and elicits a wide range of emotions. The role of socioeconomic factors in influencing the decision to engage child labour seems to be quite extensive. For instance, monthly income of household has important practical implications for national and global policy on the use of child labour are foreseen and form the basis for the recommendations put forward to address the associated concerns.
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Rights as trumps in African communitarian ethics
- Authors: Nwogbo, Johnbosco
- Date: 2017
- Subjects: Communitarianism , Human rights , Social values
- Language: English
- Type: Thesis , Masters , MA
- Identifier: http://hdl.handle.net/10353/12282 , vital:39249
- Description: The notion of rights is among the most basic ideas of contemporary political philosophy on the continent and elsewhere. Although rights are common-place in political philosophy it is fair to say that the discussion around it has been nothing short of contested. On the whole, there have been two kinds of questions to which most of the discussion about rights in political philosophy have been answers, namely, (i) what are rights?, and (ii) to what do people have rights? The first has to do with the nature of rights, while the second has to the nature of that to which people may be said to have rights. This research falls neatly within the parlance of the first kind of questions (i.e., the question of what rights are). Specifically, in this research, I am concerned with the question of whether the radical and moderate African communitarian rights theses of Ifeanyi Menkiti and Kwame Gyekye measure up to what rights are commonly understood to be. I argue that if rights are trumps, which override competing societal and communal considerations, then Menkiti’s and Gyekye’s theories of rights fall short of this fairly standard and typical conception of rights.
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- Authors: Nwogbo, Johnbosco
- Date: 2017
- Subjects: Communitarianism , Human rights , Social values
- Language: English
- Type: Thesis , Masters , MA
- Identifier: http://hdl.handle.net/10353/12282 , vital:39249
- Description: The notion of rights is among the most basic ideas of contemporary political philosophy on the continent and elsewhere. Although rights are common-place in political philosophy it is fair to say that the discussion around it has been nothing short of contested. On the whole, there have been two kinds of questions to which most of the discussion about rights in political philosophy have been answers, namely, (i) what are rights?, and (ii) to what do people have rights? The first has to do with the nature of rights, while the second has to the nature of that to which people may be said to have rights. This research falls neatly within the parlance of the first kind of questions (i.e., the question of what rights are). Specifically, in this research, I am concerned with the question of whether the radical and moderate African communitarian rights theses of Ifeanyi Menkiti and Kwame Gyekye measure up to what rights are commonly understood to be. I argue that if rights are trumps, which override competing societal and communal considerations, then Menkiti’s and Gyekye’s theories of rights fall short of this fairly standard and typical conception of rights.
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The new Africans: a textual analysis of the construction of 'African-ness' in Chaz Maviyane-Davies' 1996 poster depictions of the Universal Declaration of Human Rights
- Authors: Garman, Brian Donald
- Date: 2013
- Subjects: Human rights , Posters , African perspective , Stereotypes , Black men , Maviyane-Davies, Chaz -- Criticism and interpretation , Universal Declaration of Human Rights -- Posters -- Research , Ethnicity -- Research -- Africa , Human rights -- Africa , Pan-Africanism
- Language: English
- Type: text , Thesis , Masters , MA
- Identifier: vital:3413 , http://hdl.handle.net/10962/d1001844
- Description: In 1996, Zimbabwean graphic designer Chaz Maviyane-Davies created a set of human rights posters which represent several articles of the Universal Declaration of Human Rights, from what he calls an “African perspective”. In this study I investigate how Maviyane-Davies has constructed ‘African-ness’ and probe what he refers to as the “alternative aesthetic” that he is trying to create. I use a visual social semiotic approach to examine the discourses he draws on to re-image and re-imagine Africa and Africans in a manner that contests the stereotypical representations found in political, news and economic discourses about Africa, paying particular attention to the ways he uses images of the body. My analysis of the posters shows how complex and difficult it can be to contest regimes of representation that work to fix racialised and derogatory meanings. In response to the pejorative stereotypes of the black body, Maviyane-Davies uses images of strong, healthy, and magnificent people (mostly men) to construct a more affirmative representation of Africa and Africans. Significantly, he draws on sports, touristic, traditional and hegemonic discourses of masculinity in an attempt to expand the complexity and range of possible representations of African-ness. In so doing he runs the risk of reproducing many of the stereotypes that sustain not only the racialised and gendered (masculinist) representations of Africa, but also a sentimentalisation and romanticisation of a place, a people and their traditions. Apart from women in prominent positions, other conspicuous absences from these images include white people and hegemonic references to Western modernity. I do not believe he is discarding whites and modernity as un-African, but is rejecting the naturalisation of whiteness as standing in for humanity, and particular icons of Western modernity as significations of ‘modernity’ itself
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- Authors: Garman, Brian Donald
- Date: 2013
- Subjects: Human rights , Posters , African perspective , Stereotypes , Black men , Maviyane-Davies, Chaz -- Criticism and interpretation , Universal Declaration of Human Rights -- Posters -- Research , Ethnicity -- Research -- Africa , Human rights -- Africa , Pan-Africanism
- Language: English
- Type: text , Thesis , Masters , MA
- Identifier: vital:3413 , http://hdl.handle.net/10962/d1001844
- Description: In 1996, Zimbabwean graphic designer Chaz Maviyane-Davies created a set of human rights posters which represent several articles of the Universal Declaration of Human Rights, from what he calls an “African perspective”. In this study I investigate how Maviyane-Davies has constructed ‘African-ness’ and probe what he refers to as the “alternative aesthetic” that he is trying to create. I use a visual social semiotic approach to examine the discourses he draws on to re-image and re-imagine Africa and Africans in a manner that contests the stereotypical representations found in political, news and economic discourses about Africa, paying particular attention to the ways he uses images of the body. My analysis of the posters shows how complex and difficult it can be to contest regimes of representation that work to fix racialised and derogatory meanings. In response to the pejorative stereotypes of the black body, Maviyane-Davies uses images of strong, healthy, and magnificent people (mostly men) to construct a more affirmative representation of Africa and Africans. Significantly, he draws on sports, touristic, traditional and hegemonic discourses of masculinity in an attempt to expand the complexity and range of possible representations of African-ness. In so doing he runs the risk of reproducing many of the stereotypes that sustain not only the racialised and gendered (masculinist) representations of Africa, but also a sentimentalisation and romanticisation of a place, a people and their traditions. Apart from women in prominent positions, other conspicuous absences from these images include white people and hegemonic references to Western modernity. I do not believe he is discarding whites and modernity as un-African, but is rejecting the naturalisation of whiteness as standing in for humanity, and particular icons of Western modernity as significations of ‘modernity’ itself
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Transnational civil society's ability to successfully influence state actors on human rights issues through international non-governmental organizations (INGOs) : a case study of the coalition to stop the use of child soldiers
- Authors: VerHage, Alicia
- Date: 2009
- Subjects: International Campaign to Ban Landmines , Convention on the Rights of the Child (1989 November 20) , Non-governmental organizations , Child soldiers , Children's rights , Human rights , Children (International law)
- Language: English
- Type: Thesis , Masters , MA
- Identifier: vital:2884 , http://hdl.handle.net/10962/d1015249
- Description: The international dilemma of child soldiers is a humanitarian concern throughout the world. The Coalition to Stop the Use of Child Soldiers (CSUCS) began in 1998 and is currently the leading collaborative movement to address the issue. However, because of its emphasis on a universal 'Straight 18' approach and support of the Optional Protocol of the Convention on the Rights of a Child (CRC), the CSUCS ignores contextual realities that affect the implementation ofthe international legislation and the development of norms concerning child soldiers. This research project will examine the current international nongovernmental organization (INGO) response to child soldiers- focusing on the CSCUS - and formulate suggestions for potential avenues to further INGO involvement with policies and projects. The argument is based on a neoliberal institutionalist platform that argues in favour ofiNGOs' ability to successfully influence actions taken by state actors to address human right issues. Highlighting the successful INGO influence on states during the International Campaign to Ban Landmines, I will present this example as a potential model for the Coalition to Stop the Use of Child Soldiers, and explore the feasibility of this model whilst making suggestions for more effective involvement of INGOs with regard to the issue of child soldiers.
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- Authors: VerHage, Alicia
- Date: 2009
- Subjects: International Campaign to Ban Landmines , Convention on the Rights of the Child (1989 November 20) , Non-governmental organizations , Child soldiers , Children's rights , Human rights , Children (International law)
- Language: English
- Type: Thesis , Masters , MA
- Identifier: vital:2884 , http://hdl.handle.net/10962/d1015249
- Description: The international dilemma of child soldiers is a humanitarian concern throughout the world. The Coalition to Stop the Use of Child Soldiers (CSUCS) began in 1998 and is currently the leading collaborative movement to address the issue. However, because of its emphasis on a universal 'Straight 18' approach and support of the Optional Protocol of the Convention on the Rights of a Child (CRC), the CSUCS ignores contextual realities that affect the implementation ofthe international legislation and the development of norms concerning child soldiers. This research project will examine the current international nongovernmental organization (INGO) response to child soldiers- focusing on the CSCUS - and formulate suggestions for potential avenues to further INGO involvement with policies and projects. The argument is based on a neoliberal institutionalist platform that argues in favour ofiNGOs' ability to successfully influence actions taken by state actors to address human right issues. Highlighting the successful INGO influence on states during the International Campaign to Ban Landmines, I will present this example as a potential model for the Coalition to Stop the Use of Child Soldiers, and explore the feasibility of this model whilst making suggestions for more effective involvement of INGOs with regard to the issue of child soldiers.
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Uninformed medical intervention as a violation of the rights to dignity, bodily integrity and privacy in South Africa
- Authors: Silas, Patience Oluchi
- Date: 2019
- Subjects: Medical personnel and patient , Human rights
- Language: English
- Type: Thesis , Masters , LAW
- Identifier: http://hdl.handle.net/10353/16862 , vital:40780
- Description: South African society has changed from one that favoured medical paternalism to one that demands respect for patient autonomy. Some legislative provisions currently require respect for human rights in the sphere of medical treatment. These laws vest patients with the right to informed consent thereby conferring them with the rights to decide what should be done to their bodies in terms of healthcare. Irrespective of the laws emphasising the need to respect, protect and promote the doctrine of informed consent in South Africa, so many health practitioners still engage in uninformed healthcare practices. This study, therefore, examines the doctrine of informed consent in relation to the fundamental rights to bodily integrity, dignity and privacy to ascertain the legal implications of the failure to obtain informed consent for healthcare services. It is desktop research undertaken from the constitutional, legislative, common law and ethical perspective of informed consent. Its findings are based on both primary and secondary legal sources. It established that informed consent is a fundamental right in South Africa; rendering any healthcare service without obtaining the informed consent of a patient does not only breach the fundamental and ethical principle of autonomy, but also grossly violates their fundamental rights to dignity, bodily integrity and privacy. The study clears the age-long differing views as to whether failure to obtain informed consent before medical interventions amounts to an assault, negligence or the violation of some specific fundamental rights. It reveals that the major reason why health practitioners administer uninformed medical treatment in contemporary health practice is insufficient awareness of the legal requirements of the doctrine of informed consent. This is coupled with the fact that they believe the doctrine is alien to the African psyche and the process of obtaining informed consent is time-consuming. It thus recommends that health practitioners should have a positive attitude towards the doctrine because having been entrenched in the Constitution, codified in various national laws and upheld by Courts, every legal stipulation regarding the doctrine is binding on them. It also suggests that health practitioners should be abreast with the laws governing informed consent and strictly comply with their substantive and procedural stipulations. This would protect the fundamental rights of the patient and avert legal actions.
- Full Text:
- Authors: Silas, Patience Oluchi
- Date: 2019
- Subjects: Medical personnel and patient , Human rights
- Language: English
- Type: Thesis , Masters , LAW
- Identifier: http://hdl.handle.net/10353/16862 , vital:40780
- Description: South African society has changed from one that favoured medical paternalism to one that demands respect for patient autonomy. Some legislative provisions currently require respect for human rights in the sphere of medical treatment. These laws vest patients with the right to informed consent thereby conferring them with the rights to decide what should be done to their bodies in terms of healthcare. Irrespective of the laws emphasising the need to respect, protect and promote the doctrine of informed consent in South Africa, so many health practitioners still engage in uninformed healthcare practices. This study, therefore, examines the doctrine of informed consent in relation to the fundamental rights to bodily integrity, dignity and privacy to ascertain the legal implications of the failure to obtain informed consent for healthcare services. It is desktop research undertaken from the constitutional, legislative, common law and ethical perspective of informed consent. Its findings are based on both primary and secondary legal sources. It established that informed consent is a fundamental right in South Africa; rendering any healthcare service without obtaining the informed consent of a patient does not only breach the fundamental and ethical principle of autonomy, but also grossly violates their fundamental rights to dignity, bodily integrity and privacy. The study clears the age-long differing views as to whether failure to obtain informed consent before medical interventions amounts to an assault, negligence or the violation of some specific fundamental rights. It reveals that the major reason why health practitioners administer uninformed medical treatment in contemporary health practice is insufficient awareness of the legal requirements of the doctrine of informed consent. This is coupled with the fact that they believe the doctrine is alien to the African psyche and the process of obtaining informed consent is time-consuming. It thus recommends that health practitioners should have a positive attitude towards the doctrine because having been entrenched in the Constitution, codified in various national laws and upheld by Courts, every legal stipulation regarding the doctrine is binding on them. It also suggests that health practitioners should be abreast with the laws governing informed consent and strictly comply with their substantive and procedural stipulations. This would protect the fundamental rights of the patient and avert legal actions.
- Full Text:
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