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Articles 1 - 30 of 45
Full-Text Articles in Law
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.
An Epidemic Amidst A Pandemic: A Critical Policy Analysis Of Supervised Consumption Sites, Vanisa Ezukuse
An Epidemic Amidst A Pandemic: A Critical Policy Analysis Of Supervised Consumption Sites, Vanisa Ezukuse
Electronic Thesis and Dissertation Repository
This study's primary purpose is to critically appraise current federal and provincial policies regarding supervised consumption sites (SCS), noting intended and unintended consequences; and how these policies could impact SCS users. This study's secondary goal is to compare current policies related to SCS in Alberta, British Columbia, Ontario, and Quebec to provide critical insight and suggestions for ongoing policy development. Carol Bacchi’s (2009) “What is the Problem Represented to Be?” framework was applied to the Canadian policy document with a focus on SCS. Four themes are proposed: Public Health versus Criminality, Presumptions versus Assumptions, Policy Unaccountability, and Policy Duality. It …
Fiscal Decolonization-Indigenous Fiscal Autonomy And Tax Jurisdiction, Riad Kherallah
Fiscal Decolonization-Indigenous Fiscal Autonomy And Tax Jurisdiction, Riad Kherallah
LLM Theses
This thesis focuses on the relationship between Indigenous fiscal autonomy and self-determination. Indigenous nations’ ability to achieve self-determination is dependent upon their ability to autonomously finance self-government. Unfortunately, Canada’s colonial policies have weakened Indigenous economies and rendered them dependent upon the Crown. Due to Indigenous nations’ lack of fiscal autonomy, Crown policies designed to promote Indigenous self-government have proven inadequate. This thesis argues for using the United Nations Declaration on the Rights of Indigenous Peoples as a blueprint for developing more equitable economic relations. While there are various elements to Crown-Indigenous economic relations, this thesis focuses on the distribution of …
The Effective Opening: Nonviolent Movements And How They Can Help To Enforce International Law Pertaining To Human Rights, Emmalyn A. Dewing
The Effective Opening: Nonviolent Movements And How They Can Help To Enforce International Law Pertaining To Human Rights, Emmalyn A. Dewing
University Honors Theses
This thesis paper will examine the following question: How can nonviolent movements create enough pressure on human rights-abusing powers so that the enforcement of international law pertaining to human rights is more viable? Through the lens of this question, the paper will argue that one of the most effective ways to fully enforce international law pertaining to human rights is through the success of nonviolent movements whose goals align with it. This paper will further briefly argue that these movements can be helped by the international community through external support in the form of training and advice. To support this …
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 …
"Prevention Through Deterrence" Against Citizens: The Venezuela-Colombia Border During The Covid-19 Pandemic And Human Rights Implications, Andreina Negretti Benito
"Prevention Through Deterrence" Against Citizens: The Venezuela-Colombia Border During The Covid-19 Pandemic And Human Rights Implications, Andreina Negretti Benito
Honors Theses
This thesis analyses the human rights implications of the measures taken by the Venezuelan government at the Venezuelan-Colombian border during the COVID-19 pandemic. I will argue that the goal of these measures is preventing or impeding the return of citizens through "deterrence techniques" that have been historically used by other countries. This case's importance relies on the fact that, unlike other cases, the Venezuelan government uses these "techniques" against its own nationals, rather than against unwanted immigrants. The first chapter will provide an overview of the theoretical framework concerning migration, arguments regarding open borders, and human rights protections. This will …
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 …
Exploring Tactile Art-Making With Deafblind Students And Their Families: An Opportunity For Creative Play, Alice Rodgers
Exploring Tactile Art-Making With Deafblind Students And Their Families: An Opportunity For Creative Play, Alice Rodgers
Expressive Therapies Capstone Theses
The impact of a deafblind diagnosis on an individual’s mental health and the well-being of the family involved can be profound. However, current research and available literature for the mental health treatment and therapy practices of deafblind persons and their families is limited (Kyzar et al., 2016; “WFDB Global Report 2018,” n.d.). This thesis used the Leeds Family Psychology and Therapy Service principles (Leeds FPTS) and the Expressive Therapies Continuum with established deafblind teaching strategies to facilitate an original arts-based community project entitled: “Things We Like.” This project provided an opportunity for deafblind students (ages three to 22) and their …
Refugee Policy In Australia And New Zealand: An Approach For Resettling Environmentally Displaced Persons?, Sedina Sinanovic
Refugee Policy In Australia And New Zealand: An Approach For Resettling Environmentally Displaced Persons?, Sedina Sinanovic
Master's Theses
An increase in human mobility as a consequence of climate change induced slow-onset environmental degradation and sudden-onset natural disasters is expected to be a defining feature of the 21st century. Inexorably shifting the global migratory landscape, the United Nations High Commissioner for Refugees (UNHCR) approximates that roughly 250 million people will be forcefully displaced due to adverse climate impacts by 2050. While there is no international consensus on appropriately categorizing such people, this thesis refers to them as "environmentally-displaced persons" (EDPs). Since EDPs do not qualify for "refugee" status, they are not afforded access to assistance under the 1951 Convention …
Colombia, Un Refugio Cercano Pero No Accesible Para Los Venezolanos, Diana Maria Tovar Rojas
Colombia, Un Refugio Cercano Pero No Accesible Para Los Venezolanos, Diana Maria Tovar Rojas
Master's Theses
The non-application of the International Protection mechanisms, such as the non-recognition of the determination of refugee status to the migrant population victims of forced migration, not only aggravates the conditions of vulnerability of the migrants because the State does not respond adequately to their specific needs but also because the State is violating what is stipulated in the International Human Rights Law and ignoring its responsibilities acquired by having signed instruments of the International Protection Regime. Despite the fact that Colombia is the largest recipient of Venezuelan migrants in Latin America due to its geographical proximity, it is also one …
The Role Of Nations-State In Protecting And Supporting Internally Displaced Persons, Daisy Byers
The Role Of Nations-State In Protecting And Supporting Internally Displaced Persons, Daisy Byers
Master's Theses
The rising increase of Internally Displaced Persons (IDPs) has become a global problem. There are over 40 million internally displaced people globally, and 15.9 million are displaced in Africa. These displacements come into place due to war/conflict, corruption, massive human rights violations, natural disasters, urban renewal projects (at the hands of powerful nations such as America, China, France, UK, etc.), and large-scale development projects. According to UNHCR, refugees are people who have international cross-border. In contrast, internally displaced persons must stay within their own country and stay under the protection of their government, even if the government is the reason …
Memory And Identity: Inter-Generational Resilience And Construction Of Diasporic Identities Among Somali Refugees, Hamida Dahir Sheikh Ahmed
Memory And Identity: Inter-Generational Resilience And Construction Of Diasporic Identities Among Somali Refugees, Hamida Dahir Sheikh Ahmed
Master's Theses
The violence and displacement many refugees face often create a lifelong trauma that manifests in many ways within themselves, their families, and communities. The Somali refugee community in the United States is no different. Since their resettlement in America started in the 1990s following the civil war, the community has struggled with different manifestations of that trauma; substance abuse and gang violence among the youth, prominence of depression and suicide rates, rise of domestic violence, as well as other direct and indirect results associated with mental health. This is the reality of many refugee and immigrant communities, coming directly from …
Children Have Rights, Too: How The Thirteenth Amendment Can Protect America's Abused Youth, Francesca Lauta
Children Have Rights, Too: How The Thirteenth Amendment Can Protect America's Abused Youth, Francesca Lauta
Undergraduate Honors Theses
Three million children are abused every year in the United States. Although there are some safeguards, such as foster care and state child abuse laws, the number of abused children has not dwindled. How should the federal government respond? This article argues that the Thirteenth Amendment can be interpreted to protect abused children. It is widely accepted that the Thirteenth Amendment’s sole purpose is to abolish Black slavery, therefore rendering it useless in the modern legal climate. Nothing in the wording or context of the Amendment, however, suggests that it is limited to Black slavery. Interpreting the Amendment to encompass …
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 …
Out Of Sight, Out Of Mind: Analyzing Inhumane Practices In Mississippi’S Correctional Institutions Due To Overcrowding, Understaffing, And Diminished Funding, Ariel A. Williams
Out Of Sight, Out Of Mind: Analyzing Inhumane Practices In Mississippi’S Correctional Institutions Due To Overcrowding, Understaffing, And Diminished Funding, Ariel A. Williams
Honors Theses
The purpose of this research is to examine the political, social, and economic factors which have led to inhumane conditions in Mississippi’s correctional facilities. Several methods were employed, including a comparison of the historical and current methods of funding, staffing, and rehabilitating prisoners based on literature reviews. State-sponsored reports from various departments and the legislature were analyzed to provide insight into budgetary restrictions and political will to allocate funds. Statistical surveys and data were reviewed to determine how overcrowding and understaffing negatively affect administrative capacity and prisoners’ mental and physical well-being. Ultimately, it may be concluded that Mississippi has high …
Human Rights In The New Era? Tools To Increase Participation Of People With Disabilities In The Workplace: An Analysis Of Laws In Hungary And The United States, Renata Bedo
Maurer Theses and Dissertations
People with disabilities face obstacles related to negative attitudes or opinions, deeply rooted stigma, and stereotypes in the workplace and everyday life, which leads to their social exclusion. The cornerstone of new developments in disability studies, the human rights model of disability, recognizes this social problem and aims to provide a catalog of the human rights of people with disabilities. It introduces the concept of human dignity to disability law, the human rights based approach, and advances the concept of inclusive equality. The question of this thesis is whether the human rights model of disability can give appropriate guidance on …
Responsible Business Conduct In The Extractive Industries: Prospect Of Respecting Women's Human Rights In Ghana, Veronica Dossah
Responsible Business Conduct In The Extractive Industries: Prospect Of Respecting Women's Human Rights In Ghana, Veronica Dossah
LLM Theses
Business operations in the extractive industries (EI) continue to violate women’s human rights and the environment in the communities in which they operate. In Ghana, existing laws and regulations do not preclude businesses from such violations. This makes it important to reflect on innovative means including soft laws which could encourage companies operating in the EI in Ghana to respect women’s human rights and the environment over and above compliance with national laws and regulations. This thesis examines the problem of land grabbing by EI companies operating in Ghana, the unique negative impacts women in mining communities face as a …
Honor Crimes: A Question Of Honor, Culture, And Humanity, Nadia N. Almusleh
Honor Crimes: A Question Of Honor, Culture, And Humanity, Nadia N. Almusleh
Master's Theses
Honor crimes, femicide, domestic abuse and violence are widely prevalent in patriarchal societies. Middle Eastern cultures deeply value protecting the chastity and honor of women. The traditional images of women and the notions of honor and shame are consistently used as justifications for violence and killings. This is not attributable to a single culture or religion. It is rather a manifestation of societal norms around gender-based violence. Feminist activism against honor crimes in the Middle East within the last decade has increasingly received social media attention. However, the impact of this social media activism on government intervention has yet to …
The Tangled Roots Of The Holocaust: An Analysis Of The Evolution Of Colonial Discourse Through The Prohibition Of Sexual Relations And Marriages Between Races, Bianka Adamatti
Electronic Theses and Dissertations
The Nazi violence did not have its origins only in the brutality of the First World War or radical nationalist ideologies, but also in European colonialism. Hence, the goal of this thesis is to demonstrate that colonial processes were fundamental to the origins of the Holocaust. To prove this, I applied the content analysis to detect colonial discourse (stereotype, ambivalence, and mimicry) in three legislations from different contexts, which prohibited sexual relations and marriages between races. The documents analyzed exemplified the segregationist thinking of each period of colonization. Portuguese laws from the beginning of modernity demonstrate the transition from religious …
Skorupskian Allyship: Human Rights Reconstructed Through Efficacious Enforcement And Social Relativism, Chase Opperman
Skorupskian Allyship: Human Rights Reconstructed Through Efficacious Enforcement And Social Relativism, Chase Opperman
Philosophy Honors Papers
This project aims to take the subject of Human Rights and attempt to wrestle with its clarity. The concept has been, since its more modern manifestation, as represented by the United Nations’ Uniform Declaration of Human Rights, heavily criticized for its being indeterminate, unclear, ambiguous, or somehow not fully understood. Despite the concept’s incredible moral potential, the extent to which this potential can be realized is determined by the concept’s intelligibility and defensibility—both of which are affected by the concept’s being understood to a sufficient point. Given Human Rights’ moral potential to challenge the forces of evil in the world, …