Faculty of Law: Recent submissions
Now showing items 61-80 of 930
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Discrimination to the employment context on the ground of religion: an examination of the position in South African and European union law
(University of the Western Cape, 2008)In this mini-thesis, I try to explore that the right to equality has brought with it the right not to discriminate against on various prohibited grounds, including religion. This minithesis examines the right not to be ... -
The African charter on the rights and welfare of the child
(University of the Western Cape, 2002)So far little is known about the first comprehensive regional children's rights charter, the 1990 OA1J African Charter on the Rights and Welfare of the Child.' Th" Charter has been mentioned occasionally by documents and ... -
The right to development as a normative framework For the human rights obligations of international financial institutions
(University of the Western Cape, 2008)Human rights are the product of different stages of human struggle that took place throughout history. The advent of the right to development in the international arena is part of the result of the struggle of developing ... -
The right to environment under the Zanzibar constitution : a comparative analysis between revolutionary government of Zanzibar and the Republic of South Africa
(University of the Western Cape, 2009)There are practical linkages between the respective causes of human rights and environmental protection since environmental harms and human rights abuses often go together. Moreover, threats to environment can themselves ... -
Inclusion by exclusion? an assessment on justiciability of socio-economic rights under the 2005 interim national constitution of the sudan
(University of the Western Cape, 2008)This research is an attempt to ascertain whether or not socio-economic rights provided for in the International Covenant on Economic, Social and Cultural Rights(CESCR), ( and by implication all other international human ... -
The african commission on human and peoples' rights and the promotion and protection of prisoners, rights an analysis
(University of the Western Cape, 2008)There is an estimated one million prisoners in Africa and most of them are detained in overcrowded prisons and conditions that well below internationally accepted standards.'These prisons hold both sentenced prisoners ... -
lnterrogating the competence of the African Court of Justice and Human Rights to review the African Union Assembly's decisions for compliance with human rights
(University of Western Cape, 2010)Globalisation and the transfer of powers from state constitutional systems to international organisations (lOs) have led to several deficiencies, especially with regard to checks and balances in global governance.l The ... -
Emerging, rights language and community knowledge discourse in Africa's biodiversity protection regime : a case study of OAU's Model Law
(University of the Western Cape, 2002)Africa possesses huge amounts of genetic resources and traditional knowledge that sustain diverse small economies and local livelihood. The integrity of this natural wealth and cultural Pattern, however, is being seriously ... -
A right to protected rivers: An analysis of the fulfilment of the State's Constitutional obligation to take reasonable legislative and other measures that promote the conservation and secure the sustainable use of rivers in South Africa.
(University of the Western Cape, 2003)This mini-thesis deals with the right to protected rivers whereby it analyses the fulfilment of the State's Constitutional obligation to take reasonable legislative and other measures that promote the conservation and ... -
The changing face of collective bargaining
(University of the Western Cape, 2001)The International Labour Office submitted that Collective bargaining is an evolving social institution, subject to continuing process of change and growth. As practiced today in many countries, it is far different from the ... -
Justifications for the use of force under contemporary international law - the Nato air strikes in Kosovo
(University of the Western Cape, 2000)The history of the territory known for the better part of the 20th century as Yugoslavia is a history of trying to amalgamate what nature seems determined to fragment - to "balkanise." Modern Yugoslavia arose after World ... -
Transfer of business or part thereof in Germany and South Africa- a comparison of $ 613a of the German civil code (bgb) and section 197 of the labour relations act (lra)
(University of the Western Cape, 2005)The title of this mini-thesis is "Transfer of Business or part thereof in South Africa and Germany- a Comparison of $ 613a of the German Civil Code (BGB)I and Section 197 of the Labour Relations Act (LRA) 2". One reason ... -
Implementing the Rome statute of the international criminal court domestically: a comparative analysis of strategies in Africa
(University of the Western Cape, 2003)On 17 July 1998, a total of 120 states voted to adopt the Rome Statute of the International Criminal Court (Rome Statute) 1 in a UN sponsored conference in Rome. The International Criminal Court (ICC or 'the Court') has ... -
The use of groundwater as an option for the realization of the right of access to basic water and sanitation in South Africa
(University of the Western Cape, 2004)The most contentious issue in the present South African Constitution is the realization of the rights entrenched therein. These rights are contentious because they are justifiable in their nature, subject to judicial ... -
The challenges posed by mandatory minimum sentence legislation and recommendations for improved implementation
(University of the Western Cape, 2003)Towards the end of 1997 Parliament unanimously enacted legislation that prescribe severe mandatory sentences for a large number of serious offences. Sections 51, 52 and 53 of the Criminal Law Amendment Act1 (hereinafter ... -
An accused's rights of access to police dockets for bail hearings
(University of the Western Cape, 1998)Bail has always been a controversial and contentious topic m constitutional debate. The sensational coverage by the media of the failure by the criminal justice system to make use of the existing resources in preventing ... -
The Right to Privacy and the Challenge of Modern Cell Phone Technology
(University of the Western Cape, 2004)Privacy has been defined as a state in which one is not observed or disturbed by others and has freedom from public attention. A person's right to privacy entails that such a person should have control over his or her ... -
The enforcement of socio-economic rights in the African human rights system : drawing inspiration from the International Covenant on Economic, Social and Cultural Rights and South Africa's evolving jurisprudence
(UWC, 2003)The need to protect human dignity, freedom, and equality paved the way for the development of the concept of human rights, from an idealistic assertion of vague principles to the adoption of the comprehensive international ... -
United Nations peacekeeping and international humanitarian law
(UWC, 2002)The end of the Cold War created the expectation that the international community will be able to deal with any challenges to international peace and security more effectively. However, these expectations were dispelled, ... -
Exorcising the antiquity spirit of intolerance : possibilities and dilemmas of decriminalizing sodomy laws in Uganda
(UWC, 2007)This dissertation proposes various methods to decriminalize same-sex sexual intercourse as an offense in Uganda. Chapter One introduces the problem of the sodomy laws and how it has recently taken center stage in the ...