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Articles 1 - 30 of 65
Full-Text Articles in Human Rights Law
Rethinking Female Genital Cutting Through Postcolonial Lens, Erika Carvalho
Rethinking Female Genital Cutting Through Postcolonial Lens, Erika Carvalho
Theses and Dissertations
Due to global instabilities, the resulting international displacement and rising inter- cultural tensions within Western societies have relocated gendered cultural practicesat the center of contemporary debates on multiculturalism, social cohesion and migration. In this context, female genital cutting (FGC) has re-emerged as a symbol of savagery, portrayed as a symbol of “otherness”, a true global violation of women’s rights. While the increasing attention given to these practices is a testament to reinvigorated feminist activism, FGC has also been harnessed for the purposes of reproducing colonial discourses about the “Third World”, which have been integral to the revival of many policies …
Rethinking Female Genital Cutting Through Postcolonial Lens, Erika Carvalho
Rethinking Female Genital Cutting Through Postcolonial Lens, Erika Carvalho
Theses and Dissertations
Due to global instabilities, the resulting international displacement and rising inter- cultural tensions within Western societies have relocated gendered cultural practices at the center of contemporary debates on multiculturalism, social cohesion and migration. In this context, female genital cutting (FGC) has re-emerged as a symbol of savagery, portrayed as a symbol of “otherness”, a true global violation of women’s rights. While the increasing attention given to these practices is a testament to reinvigorated feminist activism, FGC has also been harnessed for the purposes of reproducing colonial discourses about the “Third World”, which have been integral to the revival of many …
The Fall And Rise Of Bengali Muslim Conciousness: Conceptualising The Identity Of The Bangla Universal, Habib Khan
The Fall And Rise Of Bengali Muslim Conciousness: Conceptualising The Identity Of The Bangla Universal, Habib Khan
Theses and Dissertations
The emergence of modern-nation states saw the end of the empirical era of exploitation and exercise of inherent racist tendencies towards the 'other'. However, the effect of that colonial system is still ever-present in the creation and governance of these newly independent states. While every new state aims to be 'modern', they adopt the international legal framework of the West as their own - a system they had initially wanted to escape. The concept of Muslim universality in the form of the ummah should have freed Pakistan from the shackles of its former colonial masters. Instead, this phenomenon was replaced …
Proportionality V. Categorization: The Issue Of Judicial Balancing Of Rights, Akram Mohamed
Proportionality V. Categorization: The Issue Of Judicial Balancing Of Rights, Akram Mohamed
Theses and Dissertations
The fact that there is a constant conflict between individual rights and state or social interests has historically provoked the question of how to balance or harmonize such conflicting interests? On what basis shall the legislator or the judge decide in favor of this or that right in his legislation or judgement? Where shall we, for example, draw the line between the right to freedom of expression and the right to protect one’s honor and reputation? How could the legislator find the compromise between the state duty to protect fetus life and its obligation not to interfere with woman’s right …
Invisibility And Dis-Identification Of Algerian Women: Feminist Jurisprudence Eyes On The Legal Provisions Related To Personal Status And Criminal, Sophia Lina Meziane
Invisibility And Dis-Identification Of Algerian Women: Feminist Jurisprudence Eyes On The Legal Provisions Related To Personal Status And Criminal, Sophia Lina Meziane
Theses and Dissertations
Much of the debate around women’s rights in legal systems focuses on the increase of protection as a legal mechanism for approaching and guaranteeing gender equality. Yet, what extensive or comprehensive analysis has been done on how effective such laws are when applied? This thesis discusses the extent to which a feminist legal theory, separate and distinct from the patriarchal legal system, can demonstrate how an Islamic or Napoleonic order is conceptually another male rationality. While one could possibly identify inefficiencies of laws proclaiming equality and protection for women, the context of the question is inevitably entrenched in the very …
The Making And Unmaking Of Urban Citizenship In The Maspero Triangle, Nadine Abd El Razek
The Making And Unmaking Of Urban Citizenship In The Maspero Triangle, Nadine Abd El Razek
Theses and Dissertations
Cairo is undergoing a moment of sharpened exclusion and inclusion, with the city’s residents of informal settlements disproportionately experiencing displacement and abrupt interruptions to their social fabric to make way for investment opportunities. In pursuit of achieving the status of a global city, the Egyptian state has effectively widened its practice of structural violence, in order to accumulate capital through dispossession. In the process of doing so, the state has problematized the contested status of urban citizenship, disenfranchising the urban dwellers of Cairo from their right to the city. Following the temporal shifts in the negotiation for urban citizenship, the …
A Captive’S Subjectivity, Rebeca J. Blemur
A Captive’S Subjectivity, Rebeca J. Blemur
Theses and Dissertations
The project discusses the effects of Haiti’s colonization as the space transitions from Hispaniola to Saint-Domingue and later to the free state of Haiti. This is done by studying the concept of the right to conquest and the absurdities that exist around the first appearances of international law. The project focuses on the pre-revolutionary period starting around the 1750s, the revolutionary period that began in the 1790s, the French oligarchical class’s attempt for social equality, and the war for ultimate colonial conquest between the French, Spanish, and British. The project will display how legally objectifying a human being manifests subjects …
Cities Of God Under Occupation: Settler Colonial Practices And Pacification In The Favelas Of Rio De Janeiro And The Occupied Palestinian Territories, Amanda Pimenta Da Silva
Cities Of God Under Occupation: Settler Colonial Practices And Pacification In The Favelas Of Rio De Janeiro And The Occupied Palestinian Territories, Amanda Pimenta Da Silva
Theses and Dissertations
The 2002 film ‘City of God’ tells an anecdotal story of violence in the favelas of Rio de Janeiro, and is a reminder that the societies we tend to take for granted can actually be a luxury. The film portrays the daily life of the peripheries of Rio and its relation with drug trafficking, crime, and poverty, and how it has deteriorated into a war zone so dangerous that anyone risk being shot to death. Thousands of miles away from the Brazilian slums there is another so-called city of God, or the city chosen by God to be the home’s …
The Violence In Our Humanity: Principles, Action, And The Erosion Of State Sovereignty, Rasheed Idou
The Violence In Our Humanity: Principles, Action, And The Erosion Of State Sovereignty, Rasheed Idou
Theses and Dissertations
The past two decades have witnessed an increasing number of armed conflicts, both inter- and intra-nationally, and an even more increasing number of multilateral military interventions without UN Security Council authorization. Central to the discussion of these interventions are the themes of humanitarianism and state sovereignty. The aim of this thesis is to investigate the relationship between humanitarian imperatives and principles of sovereignty within the context of armed conflict to better understand the tensions that have led to the current global outcomes. In so doing, it identifies how humanitarian principles, imperatives, and actions have affected the contemporary conception of state …
Appointing And Training Judges In Egypt And Comparative Systems, Moataz Muhammad Al-Saghir Aidaros
Appointing And Training Judges In Egypt And Comparative Systems, Moataz Muhammad Al-Saghir Aidaros
Theses and Dissertations
The topic of the paper is very important, as it comes up at a time when the Egyptians have come to a point that reforming Egypt’s justice system is a hopeless case. This is due to the outdated and inefficient way of thinking and performing in the judiciary. Thus the goal of this paper is to make an intellectual contribution to a sustainable reform program of the Egyptian judiciary and namely the systems of judicial appointment and judicial training using their roles as agents of progress and development. This aspiring research argues that the Higher Council of Judicial Entities and …
Zinā In The Criminal Legislation Act (1999-2000): An Evaluation Of The Implication For Muslim Women's Right In Nigeria, Paul Orerhime Akpomie
Zinā In The Criminal Legislation Act (1999-2000): An Evaluation Of The Implication For Muslim Women's Right In Nigeria, Paul Orerhime Akpomie
Theses and Dissertations
The research engages in an exploration of human rights in Islam. Human rights issues are then contrasted with international law positions. The data gotten is then used for investigating women’s human rights issues in Shariʾa penal tradition regarding zinā (adultery) in Nigeria. The re-emergence of Sharia penal codes adopted by 12 Northern states in Nigeria in 1999 as an operative Islamic law has sparked concerns about rulings amounting to stoning to death in several cases of zinā. These events raised concerns about Shariʾa penal traditions’ legality and relationship with other legal traditions operational in Nigeria, a secular political space. …
Good Governance And Civil Service Reform In Egypt, Ahmed Atef Labib
Good Governance And Civil Service Reform In Egypt, Ahmed Atef Labib
Theses and Dissertations
Governments in different states and even different governments within the same state may pursue different goals. To achieve their goals they apply administrative reforms, including civil service reforms, to adjust the government for achieving the intended goals. Pursuing different goals entails applying different administrative reforms. In the 2000s, the World Bank and the International Monetary Fund (IMF) suggested the Egyptian government, through loan conditionality, an administrative and civil service reform to promote economic growth based on their concept of good governance. In this paper, I argue that the suggested reform does not target economic growth but targets debt repayment. To …
Imf's Loan Conditionality: Negative Consequences In The Borrower Country And The Burden Of Responsibility, Sara Mohamed Osama Abdalla Atta
Imf's Loan Conditionality: Negative Consequences In The Borrower Country And The Burden Of Responsibility, Sara Mohamed Osama Abdalla Atta
Theses and Dissertations
People often think that IFIs, such as the World Bank and the International Monetary Fund are prominent players in the global economy by providing funds to countries in need of development and sustainment of welfare, unfortunately these institutions can cause devastating effects in the borrower country. The harsh conditionality of the IMF plays a huge role in the negative economic consequences incumbent upon the borrower country. Meanwhile, the lack of legal remedies for private individuals suffering from the conditionality aggravates the consequences for these people. On the one hand, conditionality may strain the economy of the borrower country which leads …
Protection Of Internally Displaced Persons In Darfur: A Dilemma And Failure Of Responsibility To Protect., Assad Salih
Protection Of Internally Displaced Persons In Darfur: A Dilemma And Failure Of Responsibility To Protect., Assad Salih
Archived Theses and Dissertations
One of the new emerging debatable topics is protection of Internally Displaced Persons [IDPs] from suppression of their governments. The topic has not been discussed extensively. Writings that discuss protection of IDPs are not extensive and discuss it rhetorically without defining protection mechanisms. This thesis adds to the ongoing discussion by defining and examining these protection mechanisms. It will include the emergence of new concepts like â â human securityâ â and â â responsibility to protectâ â which have changed the conceptualization of state sovereignty. The thesis will use Darfur as a case study a place where many scholars …
Detention As A Deterrent: The Legal Framework And Practices Of Migration Related Detention In Germany And Austria, Henriette Hã¤Nsch
Detention As A Deterrent: The Legal Framework And Practices Of Migration Related Detention In Germany And Austria, Henriette Hã¤Nsch
Archived Theses and Dissertations
The detention of migrants and asylum-seekers on administrative grounds is common practice in Germany and Austria. Administrative detention in migration settings mainly aims at facilitating deportation procedures but can also lead to deterrence. A definition for deterrence in pre-deportation detention settings is developed in this paper and applied to three German and three Austrian court cases. In this way, it is possible to show how deterrence occurs and what it looks like. Broad discretionary powers and insufficient training for law enforcement agents, such as the immigration police, as well as vague standards and procedures, play a role in the occurrence …
Durable Solutions For Stateless Persons In Egypt, Kelly Mcbriide
Durable Solutions For Stateless Persons In Egypt, Kelly Mcbriide
Archived Theses and Dissertations
This piece focuses on stateless persons outside their country of origin/habitual residence who are now in Egypt. A number of stateless persons have been detained because of their illegal entry into Egypt, and because of their lack of deportability, their detention becomes indefinite. There are also a number of stateless persons who are not under the protection of the UNHCR Cairo living in Cairo, who are at risk of indefinite detention because of their lack of documentation. This is a critical analysis of the UNHCR's role in implementing their mandate, and also an understanding that ultimately it is up to …
Defining The End Of New Wars, Jeroen Jansen
Defining The End Of New Wars, Jeroen Jansen
Archived Theses and Dissertations
New wars are defined by their innate disposition to blur distinctions and human rights violations while structurally undermining the enjoyment of human rights. These wars are self-fueling human rights cataclysms that destroy society and its social contract by blurring the distinction between government, army and people. These characteristics prolong into what is perceived as post-conflict and blur the distinction between war and peace. The lack of acknowledgment and understanding of these characteristics among the actors who provide relief and seek resolution to the conflict undermines the effectiveness of their actions and the coordination among them resulting in aid gaps. The …
Should The Right To Strike Be Justified As A Civil Or Political Right?, Elham Eidarous Al-Kassir
Should The Right To Strike Be Justified As A Civil Or Political Right?, Elham Eidarous Al-Kassir
Archived Theses and Dissertations
The recognition and protection of the right to strike have seen huge developments since the beginning of the twentieth century. The traditional basis upon which this right was based on the international arena and in national jurisdictions is one that views the right to strike as an essential tool in the hands of workers and their representative organizations to strengthen their bargaining power against employers, which means that the right to strike is one of economic and social rights enjoyed by humans in their capacity as workers. Yet, there are calls for widening the basis of recognition of this right …
Rethinking Norms On Return To Urban Refugee Situations: Sub-Saharan African Refugees In Cairo And Irregular Secondary Movement To Israel, Mallory Charlotte Wankel
Rethinking Norms On Return To Urban Refugee Situations: Sub-Saharan African Refugees In Cairo And Irregular Secondary Movement To Israel, Mallory Charlotte Wankel
Archived Theses and Dissertations
The long-running controversy in international refugee law over the concept of safe third countries is particularly challenging when refugees migrate irregularly from urban settings. While urban-based refugees often face a distinct set of human rights violations, the complexity that characterizes how these abuses fit into the larger picture of urban poverty and state ineffectiveness, combined with continued ambiguity concerning the minimal standards of protection necessary to allow a state to return a refugee to a first country of asylum, allows receiving states to deny protection obligations by relying on the argument that the hardships compelling movement, if they did not …
The Legality Of The International Criminal Court Investigations In Kenya, Mgugua Robert Chege
The Legality Of The International Criminal Court Investigations In Kenya, Mgugua Robert Chege
Archived Theses and Dissertations
No abstract provided.
The Right To Appeal Of A Person Sentenced For A Criminal Offense: The Current Egyptian Ordinary Legal System And Its Degree Of Compliance With Internationally Recognized Standards, Mohamed El-Ghannam
The Right To Appeal Of A Person Sentenced For A Criminal Offense: The Current Egyptian Ordinary Legal System And Its Degree Of Compliance With Internationally Recognized Standards, Mohamed El-Ghannam
Archived Theses and Dissertations
No abstract provided.
The Right To Health: A Case Study On Hepatitis C In Egypt, Dina Iskander
The Right To Health: A Case Study On Hepatitis C In Egypt, Dina Iskander
Archived Theses and Dissertations
No abstract provided.
Adjudicating Patriarchy In The Nationality Law, Muhammed Samy Ahmed Mr.
Adjudicating Patriarchy In The Nationality Law, Muhammed Samy Ahmed Mr.
Theses and Dissertations
The Egyptian legal structure has long discriminated against women. Taking nationality law as an example, it is obvious that all consecutive nationality laws have ignored women’s right concerning passing on and acquiring nationality. Even after its amendment in 2004, major gender discrimination still exists. This is caused by the fact that the nationality law is only a part of the legal system. Consequently, its essence will not deviate from the patriarchal composition of the overall nature of the legal system. This paper argues that the existing forms of discrimination in the nationality law correlate with the broader legal environment. Hence, …
Indeterminacy Of The Best Interest Of The Child And Shari’A Rules In Custody Adjudications: Egypt Case, Hala Ahmed Nour El-Din
Indeterminacy Of The Best Interest Of The Child And Shari’A Rules In Custody Adjudications: Egypt Case, Hala Ahmed Nour El-Din
Theses and Dissertations
This thesis argues the rigidity of custody adjudications in the Egyptian Law owing to the indeterminate legal terms and Islamic rules that guide the decision-making process of custody cases. It also proposes reconsideration of the best interest principle’s guiding criteria and custody Shari’a presumptive rules in light of the subjective interpretation of the judges in custody related matters. The principle of best interest (BI) which is the prevailing guiding criterion in regulating all matters related to children, particularly in custody-related decisions. Even though the principle has been present in international law at the beginning of the 20th century, there is …
Is Freedom Of Expression A Tool Of Oppression And Harm? A Study On Hate Speech And Its Harms In Case Law And Doctrine Of The Us And European Court Of Human Rights, Mohamed Hassan
Theses and Dissertations
Many societies now face the problem of hate speech. It has reached the level of a global problem. Many groups use freedom of expression to oppress other groups through using hate speech. The problem of hate speech represents a complex topic because it is interwind with the right of freedom of expression. However, international human rights law tries to combat the hate speech law in some treaties, such as the ICCPR and CERD, by offering rules to guide states constitutional courts in adjudicating these cases by limiting some of their absolute discretionary power in deciding these cases. These efforts have …
Ifis Contribution To Egypt’S Underdevelopment: The Rule Of Law And The Laws Of Poverty, Kareem Younes
Ifis Contribution To Egypt’S Underdevelopment: The Rule Of Law And The Laws Of Poverty, Kareem Younes
Theses and Dissertations
In 2019 CAPMAS released a report estimating the percentage of extreme poverty amongst the Egyptian public at 32.5%; one in every three Egyptian lives on 1.45$ a day. In 2017 a United Nations report highlighted that on average 40,000 Egyptian died because of pollution. Those figures represent the consequences of a cumulative “development” process that encompassed the economic, political and legal fields. In particular, the thesis focuses on the role of the New Commercial Law in disadvantaging vulnerable segments of the population and leading them to prison. I argue that the use of law as a tool of development in …
The Utilization Of The Rule Of Law For Economic Development In Developing States: The Case Of Egypt From Nasser To Mubarak, Mohamed M. Ahmed
The Utilization Of The Rule Of Law For Economic Development In Developing States: The Case Of Egypt From Nasser To Mubarak, Mohamed M. Ahmed
Theses and Dissertations
Neoliberal development proponents argue that the rule of law is essential for achieving economic development. It demands adjusting legislative and legal institutional practices to enforce and protect market operations, and the minimizing of state intervention. The IFIs and the developed states adopted this development approach in dealing with developing states through conditional-based lending. Through attaching structural regulative adjustments and the reformation of juristic institutions as preconditions to their fiscal assistance, the IFIs, influenced by the developed states, were able to impose a system of legal economic governance over the developing economies. Across the different development stages, developing states who did …
The Integration And Securitization Of Muslim Migrants In Europe, Yasmeen Nawwar
The Integration And Securitization Of Muslim Migrants In Europe, Yasmeen Nawwar
Theses and Dissertations
In its efforts to integrate newly entering migrants into their societies, Europe has established integration policies that negatively impact these migrants, especially those from racialized backgrounds. The policies mask an agenda of securitization against outsiders who are falsely considered to be a danger to national security and national identity. Since the 9/11 attacks on the World Trade Center in the United States, many Western countries, including European countries, began to build a culture of fear against Muslims. Europe began to increasingly associate migrants with problems such as trafficking, radicalization, and terrorism. As a result, Europe began to treat migration as …
The Legal Framework Of Apostasy In Egypt: A Manifestation Of Secular Reconstruction Of Sharia By A Modern State, Ahmed Sedky Mohammed
The Legal Framework Of Apostasy In Egypt: A Manifestation Of Secular Reconstruction Of Sharia By A Modern State, Ahmed Sedky Mohammed
Theses and Dissertations
The legal consequences of renouncing Islam or apostasy, which include depriving the apostate from some civil rights, and the non-recognition of the act itself by law in Egypt have been usually criticized as a blatant violation of the right to religious freedom. Such criticisms are based on the right’s definition according to international human rights law precisely the International Covenant on Civil and Political Rights. The dominant reasoning for this violation according to the majority of the related literature is the conservative interpretation of Sharia, the principal source of law, that has been adopted by Egyptian judiciary for more than …
The Palestinian Refugee Regime: Tensions Between The Collective Right Of Return And Individual Rights, Shatha Oqab Abdulsamad
The Palestinian Refugee Regime: Tensions Between The Collective Right Of Return And Individual Rights, Shatha Oqab Abdulsamad
Theses and Dissertations
Since their initial displacement in 1948, the United Nations had devised a special temporary refugee regime for Palestinians, distinct from the international refugee regime. The distinct regime was structured in order to acknowledge Palestinian displacement as a result of a deliberate policy of state building by Israel as a national home for Jewish people in Palestine, as well as the effect of the United Nations Partition Plan. Premised as different from other refugee problems, the distinct regime devised for Palestinians was intended to be temporary, pending a final settlement that ensures their repatriation. The temporality and structure of the distinct …