This thesis evaluates the compatibility of sharia law with modern universal values and human rights. The methodology used in this research is a comparative case study, taking Saudi Arabia and...Show moreThis thesis evaluates the compatibility of sharia law with modern universal values and human rights. The methodology used in this research is a comparative case study, taking Saudi Arabia and Malaysia as the two case studies analysed. The main focus of this research is evaluating the political and social factors which influence the extent to which Muslim countries comply with modern universal values and human rights. The political factors examined include state structure and governmental influence over the application of laws in a nation. Meanwhile, the social factors analysed include the influence of the history and background of a state over its laws. Subsequently, this comparative case study highlights the different manners in whch sharia law is applied across the Islamic world due to the influence of social and political factors.Show less
Martha Nussbaum provides with her capabilities approach some interesting ideas that might improve the current human rights doctrine substantially. However, Charles Beitz – who bases his practical...Show moreMartha Nussbaum provides with her capabilities approach some interesting ideas that might improve the current human rights doctrine substantially. However, Charles Beitz – who bases his practical conception on the existing human rights practices – questions if the capabilities approach can adequately cope with feasibility constraints. In this thesis, I will examine the relation of capabilities and human rights, and argue that the capabilities approach can account for Beitz’s feasibility-concerns. In addition, I will suggest that Beitz places feasibility constraints too central in his theory, and incorrectly assumes his practice-based method does not need a normative basis.Show less
Through qualitative legal research, this paper will answer the question: ‘How can constitutionalism be balanced with a human rights perspective, in EU accession to the ECHR?’ We hypothesize that...Show moreThrough qualitative legal research, this paper will answer the question: ‘How can constitutionalism be balanced with a human rights perspective, in EU accession to the ECHR?’ We hypothesize that this balance is possible. From the current academic debate, three theories applicable to this research are distilled: constitutionalism; a human rights perspective; and institutionalism. Through application of the first two theories, a concrete proposal for the way forward in EU accession to the Convention is constructed. The legal options for this proposal consist of Treaty revisions (including the adoption of a ‘notwithstanding’ protocol), unilateral measures (reservations, declarations, and agreements), and renegotiation of the Draft Accession Agreement. Thirteen amendments are proposed: eleven to the Draft Accession Agreement; one to the Draft Explanatory Report; and one to the TEU. Furthermore, it is argued throughout this research that institutionalist tendencies matter, but cannot serve as sole explanations for the Court’s reasoning. As the key conclusion, we find that a way forward in accession, that considers both constitutional demands and a human rights perspective, exists. Appended to this paper, a comprehensive proposal for this way forward is introduced.Show less
Because Kirchner was elected in a time of political disenchantment, it was necessary for him to show his worth and respond to the population’s demands. The realm of human rights violations was a...Show moreBecause Kirchner was elected in a time of political disenchantment, it was necessary for him to show his worth and respond to the population’s demands. The realm of human rights violations was a grand opportunity to revive political interest and gain legitimacy in Argentina. In such a context, Kirchner’s democratic “Republica” should have been exemplary in the respect of human rights, or so was thought. Several articles and CELS reports have shown that human rights violations still occurred under Kirchner. However, this information seems to be mostly disregarded in Argentina considering that Kirchner is still the most popular president in the country’s history (Manzetti, 176). In the hope of understanding how this dissonance came to be, this piece will assess how Kirchner’s human rights discourse allowed him to deal with past human rights violations while avoiding scrutiny for present ones.Show less
The role of interpretation as a research tool in social studies has been quite neglected. Yet, its use could be highly beneficial to try and provide alternative explanations to current world issues...Show moreThe role of interpretation as a research tool in social studies has been quite neglected. Yet, its use could be highly beneficial to try and provide alternative explanations to current world issues. This thesis will therefore aim to furnish a comprehensive assessment of interpretation to understand the effects the latter can have on human rights practices. Looking at the most ratified human rights treaty in history, the Convention on the Rights of the Child, as a case in point will show that although interpretation triggers development and can advance children’s rights, it nonetheless perpetuates inequalities for children from one country to another, and with it, undermines the role of universality human rights treaties aim to attain.Show less
In this thesis two forces contributing to a changing language ideology in Japan, adopting the Okinawan case as an example, are examined. The first factor is a political one, namely the influence of...Show moreIn this thesis two forces contributing to a changing language ideology in Japan, adopting the Okinawan case as an example, are examined. The first factor is a political one, namely the influence of international human rights treaties, that also guarantee linguistic rights, and its enforcement bodies on the Japanese government. The second one is a social factor: the (re)emergence of pride in Okinawan identityShow less
This thesis attempts to investigate the extent to which the debate about the indivisibility principle has translated into in tandem state respect for Civil and Political rights and Social and...Show moreThis thesis attempts to investigate the extent to which the debate about the indivisibility principle has translated into in tandem state respect for Civil and Political rights and Social and Economic rights. Adapting and expanding on the ideas and methods proposed by Minkler and others, and building on the work of the CIRI data project and the SERF initiative, an empirical method is provided for the assessment of states’ de facto adhesion to the principle of indivisibility, which is enshrined in Human Rights law. Both global and country-specific longitudinal profiles of human rights respect are provided. The indivisibility thesis is tested via a series of numerical techniques. Furthermore, an empirical investigation is carried out to examine the extent to which human rights are in practice interdependent. In doing so, a bird’s-eye view analysis of states’ respect for human rights is provided. Results show that states’ practices in terms of upholding civil and political rights and fulfilling economic and social rights are neither frequently exercised, nor reveal any sort of dependence or reinforcing characteristic. In addition, although civil and political liberties are especially vulnerable, states that prioritized these rights seem just as concerned in fulfilling economic and social rights, whereas the opposite does not hold true. Finally, the pertinence and applications of the proposed methods and findings are discussed.Show less
Advanced master thesis | Political Science (Advanced Master)
open access
This thesis examines the possibility of international organisations exhibiting a degree of autonomous behaviour in the area of LGBT rights. It looks at three international organisations: the United...Show moreThis thesis examines the possibility of international organisations exhibiting a degree of autonomous behaviour in the area of LGBT rights. It looks at three international organisations: the United Nations, the OSCE and the Council of Europe and how they respond to their given mandate and pressure from Member States in implementing their LGBT policies. It finds that, sometimes despite a lack of consensus, they have adopted LBGT policies. People in leadership positions within the organisations in particular have played an important advocacy role, thereby demonstrating a degree of autonomous behaviour.Show less
