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A comparative study of the jurisprudence on regional human rights courts and freedom of the press

Access to medicines : do multinational pharmaceutical companies have human rights obligations?

  • Authors: Cassim, Hassan
  • Date: 2017
  • Subjects: Health services accessibility - Law and legislation , Drug accessibility - Law and legislation , Pharmaceutical policy , Public health , Medical care, Cost of , Agreement on Trade-Related Aspects of Intellectual Property Rights (1994 April 15) , Human rights
  • Language: English
  • Type: Masters (Thesis)
  • Identifier: http://hdl.handle.net/10210/236353 , uj:24192
  • Description: LL.M. (Human Rights) , Abstract: The right to health is a universally accepted right and is protected in international legal instruments. This study examines health as a human right and the interrelationship between political and civil rights, and the right to health. Whilst the State is primarily responsible for the promotion and protection of health, the role of non- State actors is explored. Emphasis is placed on the role of multinational corporations in the protection of human rights. A key component of the right to health is access to medicines. The role of multinational pharmaceutical corporations is examined in an attempt to determine if these entities have any obligations to the promotion and protection of the right to health. This study has concluded that pharmaceutical corporations do have human rights obligations, but often fail to fulfil these. A key element of this failure is the excessive pricing of drugs. Pricing is protected by patent rights, enforced by the World Trade Organization’s Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement. Failure by member States to abide by the TRIPS Agreement could result in sanctions against the defaulting State. This study examines the position of access to drugs in India and Brazil, and concludes that prior to compliance with the requirements of TRIPS, both these countries were able to develop generic drugs by awarding compulsory licences to manufacturers. This resulted in the substantial lowering of drug prices. With Brazil and India now having to comply with the requirements of the TRIPS Agreement, drug prices are beginning to escalate, resulting in reduced accessibility. Citizens and civil society groups in both countries are using the courts to enforce their rights. Similarly, in South Africa, access to essential drugs is restricted because of excessive pricing. Active citizens and civil society bodies have challenged the South African government. It is hoped that South Africa will develop intellectual property laws that will limit pharmaceutical patents, particularly the process of ‘evergreening’, which is an attempt to patent a slight variation of an existing product whose patent is about to expire. The study concludes with a recommendation to the South African government to exercise the flexibilities granted in the TRIPS Agreement by issuing compulsory licensing and engaging in parallel imports. Domestic legislation must be used to interpret the TRIPS Agreement without restricting the right to health.
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Access to remedies in the field of business and human rights: A critique of the status quo and a way forward for victims

Advancing from injustice to transitional justice for victims of gross human rights violations based on race and ethnicity

  • Authors: Martin, Zeena Jane
  • Date: 2020
  • Subjects: Race discrimination - South Africa , Race discrimination - United States , Human rights , Criminal liability
  • Language: English
  • Type: Masters (Thesis)
  • Identifier: http://hdl.handle.net/10210/475661 , uj:42916
  • Description: Abstract: This minor dissertation addresses the injustice experienced by the victims of gross human rights violations on the basis of race and ethnicity. It analyses the impact of colonialism and slavery on institutionalised and systemic racial segregation and apartheid against people of colour, specifically black people, in the United States and South Africa respectively. These two countries are used as a means of comparison as both have continuously been subjected to racial discrimination throughout their histories... , LL.M. (International Law)
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Assessment of the national children and violence trust to implement project proposal 549/06/99 to the EUFHR

Corporate obligations towards the realization of the right to development

  • Authors: Lubo, Kasongo
  • Date: 2014-06-04
  • Subjects: Law and economic development , Corporation law , Human rights
  • Type: Thesis
  • Identifier: uj:11339 , http://hdl.handle.net/10210/10977
  • Description: LL.M. (Human Rights Law) , The idea of “development” being a legitimate universal human entitlement is not a new phenomenon. The emergence of this concept can be traced back to a number of universal norms which emerged from the United Nations (UN) legal framework since its creation in 1945.These norms include principles such as: greater democracy and representation in international relations; the economic complementarities of independent States; individuals as beneficiaries of social, economic and political development; respect for human rights; and the interrelationship between human rights and development.1 These principles provided the background against which the first UN working group on the Right to Development started elaborating a legal framework aiming at providing a binding solution to the conflict between industrialized States and developing States concerning the distribution of the world’s resources in 1970. At that time, the atmosphere at the UN Commission on Human Rights was highly charged with ideological positioning. Socialist countries pressed for peace and disarmament; developing States for development and an end to apartheid; Western industrialized States for establishing damage control machinery to scrutinize violations of civil and political rights.2 In 1977, the Commission on Human Rights submitted to the U.N Secretary General its first proposal which considered the suggestion of the UN Working group on the Right to Development. The proposal suggested that the “universal entitlement to development” was a prerogative of States on behalf of their populations.3 This proposal was rejected in 1979 by the conservative North American, European members of the U.N, and other committee members.
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Derogation of human rights: international law standards: a comparative study

  • Authors: Wessels, Leon
  • Date: 2009-01-08T13:01:51Z
  • Subjects: War and emergency legislation , Human rights
  • Type: Thesis
  • Identifier: http://ujcontent.uj.ac.za8080/10210/390336 , uj:14746 , http://hdl.handle.net/10210/1827
  • Description: LL.D. , This inquiry is about the derogation of human rights during states of emergency. International human rights law has blossomed since World War II. Over the years it has been understood that human rights can be limited or derogated (suspended) under certain circumstances. A set of standards has been developed through the different sources of international law to ensure that human rights abuses are avoided during states of emergency. Treaty law, as well as customary international law, provides definite standards that have to be adhered to during these circumstances. General principles of law recognised by “civilised” nations also contribute to the standard setting that must apply during states of emergency. The use of emergency powers during times of crisis is a world phenomenon. Human rights violations often occur in times of crisis when emergency powers are used. This has led to rich jurisprudence by the various international bodies that monitor, enforce and promote respect for human rights. All the sources of international law have contributed to ensuring that a prudent set of standards governs states of emergency. In this study these standards are set out and expounded upon. These standards are furthermore applied in three Southern African states. The history of states of emergency in these countries and the constitutional dispensations that govern states of emergency in each of these countries is placed under scrutiny and tested against the international standards that should apply. The picture that unfolds is not encouraging because there is not clear evidence that there is always respect for international law and the meticulous application of these standards. International and regional monitoring bodies have not always successfully discharged their obligations to promote human rights or to prevent human rights abuses during states of emergency. The main difficulty in the African Charter for Human and Peoples’ Rights is that it does not contain a derogation article, which forbids the abuse by the state of emergency instruments and curbs the abuse of power during states of emergency. The African Commission is plagued with difficulties, mainly pertaining to staff and resources. It often aspires to be “politically correct” in the face of state parties who are quick to rely on state sovereignty and thereby do not allow outsiders to monitor alleged human rights violations. The adoption of the Protocol to the African Charter on the establishment of an African Court is an important step in strengthening the African system for the protection of human rights. In Southern Africa, there is not a clear commitment to uphold and defend human rights through the relevant regional bodies – the correct statements are expressed in the treaty that formed the Southern African Development Community. There is however no authority to monitor or ensure compliance to ideals set out in the treaty. A route to overcome this difficulty is suggested, namely to negotiate a set of human rights standards in the region, without any legally binding effect initially but with strong persuasive and moral standing. This first step must provide a launching pad to ultimately have a Southern African Human Rights Treaty, with inter alia a tight derogation article as well as a treaty body with strong monitoring and enforcement powers. A regional commitment to uphold and respect human rights is a prerequisite to ensure that a human rights culture takes root in the service of stability and democracy in Southern Africa.
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Die aard en rol van die reg: 'n wysgerige besinning

  • Authors: Stoker, H. G.
  • Date: 2009-07-29T05:38:52Z
  • Subjects: Human rights , Jural realm , Jural norms
  • Type: Inaugural
  • Identifier: uj:15044 , http://hdl.handle.net/10210/2752
  • Description: Inaugural lecture--Rand Afrikaans University, Department of Philosophy, 30 June 1970 , This inquiry into the jural realm -i.e. into human rights, jural norms (e.g. principles and laws) and the jural order relates this realm to the divinely ordained status or office (and its functions) of man in cosmic reality; this status pertains to both individuals and social bodies (e.g. communities and societies) and their mutual relatedness. It is shown that the jural realm is creaturely and human; universal in scope as well as unique and irreducible; that it determines a special kind of order, more specifically a hasic order; and that it has a validity of its own. The distinction as well as the relation between the ontic (commonly called 'natural') and the posith'e rights, jural norms and jural order is investigated. The jural realm is furthermore approached according to the order of creation as well as to the order of the fall of man. Lastly the distinction between the 'firmness' ('unchangeability') of the jural realm and its historic del'elopment is indicated. In conclusion this study deals with the difference as well as the relationship between the state's participation in the jural realm and the participation therein of individuals and other social bodies.
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Die grondwetlike reg op lewe : 'n ontleding van enkele vraagstukke

  • Authors: Venter, Roxan
  • Date: 2012-05-30
  • Subjects: Right to life , Abortion law and legislation , Euthanasia , Assisted suicide , Human rights
  • Type: Thesis
  • Identifier: uj:2285 , http://hdl.handle.net/10210/4746
  • Description: LL.M. , The right to life, which is guaranteed in section 11 of the Constitution, is a particularly important right in South Africa, especially seen in the light of the human rights violations of the apartheid-era. Firstly, this study conducts an analysis of the right to life and attempts to establish who the bearers of the right are; what the protected conduct and interests of the right are; who is bound by the right and what their responsibilities are; and whether the right can legitimately be limited in terms of section 36 of the Constitution. However, when we analyse the right to life in this way, certain problematic and controversial issues become apparent. Two of these issues are discussed in this study – namely abortion and euthanasia and assisted suicide. Before these issues can be adequately addressed, however, the study takes a stance on the value of human life, which forms the moral framework for the discussion of the specific issues. However, the primary focus of the study is the analysis of the specific issues relating to the right to life. The terminology relevant to the respective issues is discussed and the current legal position, including relevant case law and legislation, with regard to the issues is indicated. The arguments, counter arguments and alternative approaches to the issues are discussed and criticized, and consideration is given to the question to what extent the right to life, in cases of abortion and euthanasia, can legitimately be limited if the principled stance regarding the value of human life is accepted. In addition, some other jurisdictions’ experiences of and responses to these issues are also discussed. Finally the study concludes that human life (in all its forms) deserves the full respect and protection of the law, regardless of the quality of life or the capabilities of the individuals whose lives are at stake. Furthermore it is submitted that the state and every member of society has a special responsibility to respect and protect the most vulnerable and marginalised members of our community – instead of suggesting ‘quick fixes’ to desperate people.
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Don't blame the Constitution

Ending impunity for grand corruption : can grand corruption be prosecuted as a crime against humanity?

Freedom of information : a case for classifying access to ICT’s as a human right

  • Authors: Nnenna, Ajufo
  • Date: 2017
  • Subjects: Freedom of information , Information technology , Human rights
  • Language: English
  • Type: Doctoral (Thesis)
  • Identifier: http://hdl.handle.net/10210/270772 , uj:28788
  • Description: LL.D. , Abstract: Freedom of information is regarded as an extension of freedom of speech, a fundamental human right recognized in international law, which is today understood more generally as freedom of expression in any medium, be it orally, in writing, print, through the internet or through art forms. Society is witnessing a period of unprecedented growth in the area of Information and Communication Technologies (ICTs) where advances in ICTs are beginning to have an impact on international human rights. It is held that ICTs are epoch-defining technologies just like the steam engine, electricity and automobiles. At the heart of the present developments are the innovations made possible by ICTs, particularly, the emergence of the information society. ICTs and the relevance of the information society to development prompt the extreme importance of access to ICTs.Based on this, it can been submitted that those who lack access to ICTs are marginalised as regards the full realisation of certain human rights, particularly the right to freedom of information and the right to development. This has further prompted the argument that implicit in the right to freedom of information is the right of access to ICTs.
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Groepsregte en menseregte in 'n plurale samelewing

Housing as a basic human right : a reflection on South Africa

  • Authors: Sobantu, Mziwandile , Zulu, Nqobile , Maphosa, Ntandoyenkosi
  • Date: 2019
  • Subjects: Housing , Human rights , Housing delivery
  • Language: English
  • Type: Article
  • Identifier: http://hdl.handle.net/10210/395567 , uj:32805 , Citation: Sobantu, M., Zulu, N. & Maphosa, N. 2019. Housing as a basic human right : a reflection on South Africa.
  • Description: Abstract: This paper reflects on human rights in the post-apartheid South Africa housing context from a social development lens. The Constitution guarantees access to adequate housing as a basic human right, a pre-requisite for individuals’, families’ and communities’ optimum development. Without the other related socio-economic rights, provision of access to housing is limited in its service delivery. We argue that housing rights are inseparable from the broader human rights discourse and social development endeavours underway in the country. While government has made much progress through RDP housing, the reality of informal settlements and backyard shacks continues to undermine the human rights prospects of the urban poor. Forced evictions undermine some poor citizens’ human rights leading courts to play an active role in enforcing housing and human rights through establishing a jurisprudence that invariably advances a social development agenda. The authors argue that the post-1994 government needs to galvanise the citizenship of the urban poor through development oriented housing delivery.
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Human rights and intellectual property rights in South Africa : rivals or bedfellows?

  • Authors: Nkosi, Penwell Collin
  • Date: 2015-07-14
  • Subjects: Human rights , Intellectual property
  • Type: Thesis
  • Identifier: uj:13707 , http://hdl.handle.net/10210/13972
  • Description: LL.M. (Human Rights Law) , This research considers the potential for conflict between human rights and intellectual property rights (IPRs) in South Africa. I argue that this conflict is brought about by the fact that the interests which are served by these two areas of law are different. Human rights have a broader outlook in that they seek to provide conditions required for people to lead lives that are worthwhile, while IPRs are narrower in that they primarily seek to reward inventors or creators of works. The first chapter looks into the nature of human rights and IPRs and also traces some of the origins of the clashes between the two rights. The second chapter attempts to determine if IPRs are considered human rights in South Africa. This chapter also reviews the first case where human rights and IPRs were considered together in South Africa. In the third chapter, medical patents are considered with a view of deriving some learnings from other developing countries. This work will conclude with the proposition that where there is conflict, certain human rights must take priority over IPRs.
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Improving teaching and learning of ethics and human rights in the radiography undergraduate programme with the HECAF model

  • Authors: Kekana, Ramadimetja Mable , Steenekamp, Karen
  • Date: 2019
  • Subjects: Radiography , Ethics , Human rights
  • Language: English
  • Type: Article
  • Identifier: http://hdl.handle.net/10210/293159 , uj:31870 , Citation: Kekana, R.M. & Steenekamp, K. 2019. Improving teaching and learning of ethics and human rights in the radiography undergraduate programme with the HECAF model. Education as Change, 23:1-23. https://doi.org/10.25159/1947-9417/4440
  • Description: Abstract: Education for healthcare professionals, including radiography, is focused on cognitive, affective and psychomotor learning. The aim of this article is to present and argue for the consideration of the HECAF model, which is designed to improve the teaching and learning of Ethics and Human Rights in the radiography undergraduate programme. This model was developed as a result of a qualitative study using action research as a research design. There were two phases, namely situation analysis and appreciative inquiry. The study used multiple data collection tools. Quantitative data was collected during phase one and qualitative data was collected in phase two. Content analysis was appropriate because it could be used for both quantitative and qualitative data. Participants were facilitators of learning, third-year radiography students and clinical supervisors from the eight higher education institutions that offer radiography education and training in South Africa. Ethical approval was granted. The HECAF model is presented as a strategy that can improve the teaching and learning of Ethics and Human Rights in the undergraduate radiography programme. HECAF is as an acronym for humanness, environment, core curriculum, assessment and feedback. It is argued in this article that the HECAF model can contribute to enhancing professional conduct and ethical behaviour in the clinical radiography environment.
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Liability for gross human rights violations: from criminal to civil remedies

  • Authors: Bachmann, Sascha-Dominik Oliver Vladimir
  • Date: 2009-01-08T13:05:46Z
  • Subjects: Human rights , Criminal liability , Liability (Law) , Actions and defenses
  • Type: Thesis
  • Identifier: uj:14762 , http://hdl.handle.net/10210/1841
  • Description: LL.D. , The starting point of this research is the observation that the protection of human rights and the prevention of human rights atrocities can only take place through a universal system of different means of accountability which create enough deterrence for the future state or individual offender. This research consists of four parts: Part A explores and outlines the different existing ways and means of traditional human rights protection under the international and regional human rights regimes. It focuses on the aspect of victim protection from human rights violations through protective means available under the different human rights regimes. Part A concludes that the existing means and ways of protecting human rights are by far not sufficient to ensure the compliance of states with the existing provisions on human rights protection and that the protection of human rights remains an unfinished chapter of international law. Parts B and C analyze the evolving approach to hold states and individuals directly accountable for gross human rights violations, via the means of criminal and/or civil responsibility. Part B explores the possibilities of human rights protection by the means of criminal prosecution. It outlines the development of the concept of criminal responsibility from the days of Nuremberg to the present International Criminal Court in The Hague. The main focus is on domestic criminal procedures as a supplement and possibly alternative to international prosecution. This part concludes with the observation that the present mechanisms and means available under the existing international and domestic jurisdictions fail to establish individual criminal accountability at the necessary global scale and therefore fail to deter the commission of future genocide. Part C explains the necessity to establish an international system of civil liability for human rights atrocities as a supplement and (even) alternative to the existing mechanisms of accountability. The present possibilities for the individual victim to obtain financial redress for his suffering under international law are outlined and discussed. The further option of asserting civil legal action for human rights violations under domestic jurisdictions is scrutinized and evaluated with a special focus on the USA as the state which has so far the strongest adjudication of human rights claims. This part concludes with the finding that the individual victim of human rights violations still lacks the necessary forum with the respective judicial means to hold the perpetrator financially liable for his human rights violations. Part D introduces a draft Statute on a (future) Convention on Individual Civil Liability for Human Rights Atrocities as a supplement for the existing ways of human rights protection. Each provision of the draft statute is evaluated in the context of already existing legal instruments, jurisprudence and, if available, examples of customary usage. The draft’s overall aim is the establishment of a working system of civil liability for the individual and corporate human rights perpetrator for a selection of egregious human rights atrocities qualifying as so-called international or transnational human rights torts. This research concludes with the finding that only a combination of the existing ways and means of human rights protection, the consequent application of the existing provisions and finally their further development can safeguard the protection of human rights at a global scale.
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Social impact of mining

  • Authors: Nkosi, Lolah
  • Date: 2015-07-03
  • Subjects: Social legislation , Human rights , Mines and mineral resources - Environmental aspects
  • Type: Thesis
  • Identifier: uj:13688 , http://hdl.handle.net/10210/13886
  • Description: LL.M. (International Law) , Mining is an activity which contributes greatly and positively to a country’s economic development by creating job opportunities, development of roads, health care centres and educational facilities. However, mining in certain instances can also have a long lasting negative environmental and social impact on communities. The focus of this dissertation will be to address those instances where mining has a negative social impact on the communities where such mining projects are taking place. The negative social impact of mining in certain cases is regarded as a universal phenomenon. Citizens of many countries where mining activities take place i.e. “mining counties” especially in the under-developed, developing and countries with economies in transition, such as Ghana, Mali, South Africa and Tanzania in an African Continent are confronted with an array of negative consequences associated with the negative social impact of mining activities. However this does not mean that other continents are immune from this. Asian countries such as Paupau New Guinea, India, and China are also faced with the negative social impact of mining.
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The Anglican Church’s responses to migrants/refugees in Johannesburg : a case study of Christ Church Anglican Church

  • Authors: Nishimwe, Clementine
  • Date: 2016
  • Subjects: Refugees - South Africa - Johannesburg , Human rights , Christ Church (Johannesburg, South Africa)
  • Language: English
  • Type: Masters (Thesis)
  • Identifier: http://hdl.handle.net/10210/123760 , uj:20832
  • Description: Abstract: A migrant/refugee is any person who, voluntarily or reluctantly leaves a country because of a political threat or political factors that have led to levels of violence and poverty that make it almost impossible for people to sustain their families or themselves in this country. This is not a new phenomenon. The Second World War led to the flood of migrants/refugees and the meeting of the 1951 Convention that established the Human Rights Obligations of the States to intervene in the protection, respect and fulfilment of Human Rights for migrants/refugees. In this thesis these Human Right Obligations are related to the theme of Christian hospitality which is based on human dignity, human security and eradication of oppression and exploitation of the “other”. Philosophers and theologians, such as Demetrios, Derrida, Newman, Volf and Pohl find hospitality an act of love of each for the “other” (tout autre) without expecting anything in return. This act of love creates a “free and friendly atmosphere” and goes beyond welcoming a stranger in our home. It emphasis recognizing the other by acknowledging who they are, greeting them as an equal and listening to their story. The Christian framework of hospitality is inclusive of the obligations that every State, caregiver or faith-based institution has to protect, respect and fulfil the basic needs of migrants/refugees. However, there is a gap in the South African Government‟s hospitality to migrants/refugees. The difficulties that migrants/refugees have had to endure to extend their legal status in South Africa and/or to obtain access to other facilities are oppressive and exploitative. Migrants/refugees have experienced xenophobic violence that has left many homeless, poor and wounded. Faith-based communities, such as Christ Church Anglican Church intervened during the xenophobic attacks of 2008 and 2015. After the 2015 xenophobic attacks Rev Eve Abrahams established Christ Church Anglican Church as a node where care givers could meet care seekers. Rev. Eve created a “free and friendly space” where migrants/refugees are “embraced”, loved and can feel that they belong. However, Rev. Eve has not been given any official support by the greater Anglican community and therefore her outreach is curtailed to only those few who knock on her door and to whom she then responds with spontaneous hospitality. Her influence on the physical wellbeing as well as the psychological healing and spiritual growth of the migrants/refugees is analysed and commented on. , M.A. (Biblical Studies)
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The distinction between torture and cruel, inhuman treatment

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