LLM In International Human Rights Law
Permanent URI for this collectionhttps://dspace.griffith.ie/handle/123456789/460
Browse
Recent Submissions
Item EXAMINING THE CONCEPT OF RIGHT TO LIFE IN POST-COLONIAL AFRICA; NIGERIA AS A CASE STUDY(Griffith College, 2016) Aanuoluw Apo Enoch, OjotisaThis academic research is written on the basis of addressing the failing lawfulness, concerning certain actions or indexes which end up as dangers to life of humans in Africa, especially in Nigeria, which is the case study of this research. It has so far been intense in the post-colonial era of Nigeria, that there is an imperative necessity for the intercontinental public to step up aid to the Nigerian people, so as to thwart the breach of right to life. This academic research is not baying for a recolonization of Nigeria. Rather, international establishments such as the African Union, the United Nations, ought to step up their enforceability laws, treaties or international instruments, in other to secure the esteem, creation, and applicability of some laws on the right to life. How can Nigeria, which happens to be one of the top oil-selling countries in the world fail to provide shelter, food, clean and accessible water for its own people? Events such as mentioned above are what in reality constitute a desecration of the right to life. So therefore, this academic research will expose its readers to some events in which there have been judicial and legislative proceedings, pronouncements and decisions on how the right to life would cease to be violated. This academic work does not claim to touch all areas under the scope of right to life.Item The Genocidal Rape of Bosnian Muslim Women during the War in Bosnia and Herzegovina(Griffith College, 2016) Sabanadzovic, AidaIn this dissertation, it was shown that rape was used in the Bosnian war as a genocidal tool by Serb forces against Bosnian Muslim women. A historical narrative was chosen in order to show exactly what led to the war, going back to the Second World War and Yugoslavia's peak. Nationalism, particularly Serb nationalism, was paid attention to as it resurfaced once Yugoslavia started to decline and it became stronger during the war leading to it playing a part in the usage of rape against Bosnian Muslim women. Socio-legal methodology was also used, and there was a focus on the work of the ICTY, particularly its cases involving sexual violence. This study was able to come to a conclusion that the rapes conducted by Serb forces against Bosnian Muslim women could be characterized as genocidal rapes. However, there were no prosecutions for that specific crime and this dissertation highlighted that despite the fact that no court has specifically stated that rape was used as a tool of genocide there were still compelling arguments for framing the rapes committed as a genocidal weapon of war. This dissertation was written in order to provide a new outlook to the crimes committed during the Bosnian war, and to reinforce the statement that the genocide recognized at Srebrenica is not the only genocide that occurred during the war. The aim of this dissertation was to show that the rapes conducted during the war went beyond sexual relief for the perpetrators, and instead were part of a larger campaign that could have been classified as genocide. This dissertation was written in order to highlight the complexity of the Bosnian war, which was illustrated by the historical narrative taken, and how women's rights were violated during the war. The dissertation showed that simply by looking at the definition of genocide commonly accepted by international law, the rapes committed against Bosnian Muslim women could be classified as genocide and should have been prosecuted as such.Item Child Marriage in South Asia: A Case Study on India, Pakistan, and Bangladesh(Griffith College, 2020) Shuja, RabiaChild marriage is a global phenomenon that severely impacts both the developing and developed world. With emphasis on South Asia, this dissertation aims to address why child marriage remains a prevalent issue, despite being prohibited by international and domestic law. The research was conducted through an analysis of the socio-legal landscape of India, Pakistan, and Bangladesh. It explored the countries' shared colonial history, as well as its influence on current child marriage laws. The domestic legal framework of each country was also critically analysed to ascertain whether their laws were in line with international standards, as well as to identify legal loopholes, and potential problems with implementation. Thus, this dissertation proposed that numerous factors contribute to the high rates of child marriage in South Asia. These factors include inadequate national legislation, dual systems of law, limited access to justice, poverty, gender inequality, restricted access to education, as well as religious and cultural norms. The effects of these factors are twofold - on one hand the laws that 'prohibit' child marriage in fact enable it to occur with impunity. Moreover, it creates a social landscape that promotes the practice of child marriage and prevents victims from obtaining justice due to poverty driven desperation and harmful social norms. The author proposed that child marriage may only be eradicated if the overall rights of children are protected. Therefore, a strong implementation of child marriage laws coupled with sufficient protection mechanisms, as well as an emphasis on gender equality and education may eventually eliminate the practice.Item The Right to Inclusive Education for Children with Disabilities and Special Educational Needs in Ireland: A Critical Analysis under International Human Rights Law(Griffith College, 2022) English, Lauren M.This research has highlighted that while there have been several encouraging developments for children with disabilities and Special Educational Needs (SEN), including Ireland’s ratification of the Convention on the Rights of Persons with Disabilities (CRPD) in 2018 and the enactment of the Education (Admission to Schools) Act 2018, current gaps in practice remain which hinder the realisation of the right to inclusive education for such children. Adopting doctrinal, sociolegal and historical methodologies, which was further supplemented by drawing on empirical research in the field of disability studies, this research examined the right to education under the wider international and regional human rights framework and explored the various sources from which the child’s right to education derives. This set the foundations from which the right to education for more generally for children with disabilities and SEN may be located. This was followed by tracing the emergence and key developments on the international level leading up to the adoption of the CRPD. After which, the CRPD, and specifically the right to inclusive education under Article 24 were examined. This research then considered the historical development of the educational rights of the child in Ireland. This began by locating the right to education in the Constitution of Ireland 1937 and reflects on germane case law which refined the scope of this right, particularly for children with disabilities and SEN. This was followed by charting the radical shift in legislative and policy developments in this area, beginning with the enactment of the Education Act 1998. Finally, this research analysed the translation of inclusive education in practice for children with disabilities and SEN with a view to examining the factors which facilitate, and the barriers which inhibit, inclusive educational practices for children with disabilities and SEN in Ireland, meeting the obligations conferred on States Parties by the CRPD and Article 24 thereunder.Item The Right to Inclusive Education for Children with Disabilities and Special Educational Needs in Ireland: A Critical Analysis under International Human Rights Law(Griffith College, 2022) English, Lauren M.This research has highlighted that while there have been several encouraging developments for children with disabilities and Special Educational Needs (SEN), including Ireland’s ratification of the Convention on the Rights of Persons with Disabilities (CRPD) in 2018 and the enactment of the Education (Admission to Schools) Act 2018, current gaps in practice remain which hinder the realisation of the right to inclusive education for such children. Adopting doctrinal, sociolegal and historical methodologies, which was further supplemented by drawing on empirical research in the field of disability studies, this research examined the right to education under the wider international and regional human rights framework and explored the various sources from which the child’s right to education derives. This set the foundations from which the right to education for more generally for children with disabilities and SEN may be located. This was followed by tracing the emergence and key developments on the international level leading up to the adoption of the CRPD. After which, the CRPD, and specifically the right to inclusive education under Article 24 were examined. This research then considered the historical development of the educational rights of the child in Ireland. This began by locating the right to education in the Constitution of Ireland 1937 and reflects on germane case law which refined the scope of this right, particularly for children with disabilities and SEN. This was followed by charting the radical shift in legislative and policy developments in this area, beginning with the enactment of the Education Act 1998. Finally, this research analysed the translation of inclusive education in practice for children with disabilities and SEN with a view to examining the factors which facilitate, and the barriers which inhibit, inclusive educational practices for children with disabilities and SEN in Ireland, meeting the obligations conferred on States Parties by the CRPD and Article 24 thereunder.Item Children’s Rights and Gender Transitioning – A Comparative Analysis of Germany and the UK(Griffith College, 2022) Alisa Behle, SelinaThis dissertation examined children’s rights and gender transitioning. It analysed the legal situation in Germany and the UK regarding children’s medical and legal gender transitioning. This analysis was conducted through the prism of the child’s rights, with particular reference to the core principle of the child’s best interests. It addressed whether children should be given the power to determine gender-related decisions. Should they have unlimited self-determination to make such decisions, or should there be limits in some instances? The advantages and disadvantages of different approaches were discussed. The research contributes to developing children’s rights regarding gender identity. Significantly recent developments have heightened the need for assessing under what circumstances and at what age children should be allowed to transition. The aim was to find a way to regulate this legally and uniformly in Europe and internationally. The research was based on international treaties, national legislation and case law. Comparative, socio-legal and historical research was also conducted. Regarding medical gender transitions, the child’s capacity to consent to such treatments must be addressed. It should be uniformly guaranteed that age is not a determining factor. Instead, the maturity of each child needs to be assessed. A balance must be established between the parent's need for care and the child's right to self-determination. Regarding legal gender transitions, Malta and Argentina were suggested as good practice countries for fulfilling human rights standards for legal gender recognition. The freedom to self-determination and the independence of gender recognition from medical diagnosis must be ensured by legislation and uniformly possible for minorsItem Article 12(3) of the Rome Statute: A Solution to Impunity in Kashmir(Griffith College, 2022) Umer Khayyam, MaryamThe Kashmir Conflict is fundamentally a legal conflict over territorial sovereignty and the Kashmiri people's right to self-determination, both of which are upheld by UNSC Resolutions. Though the right to self-determination has been promised by both India and Pakistan, Kashmiris are fighting for it for decades. This makes it the oldest unresolved disagreement on the UN agenda since 1947. The seven-decade dispute over Jammu and Kashmir has become a humanitarian nightmare, the cause of four major wars between nuclear rivals Pakistan and India which further led to gross human rights violations, and a grave humanitarian crisis in the region. The study highlights the genesis, current political status, and international character of the conflict along with detailed counts of human rights violations amounting to CAH in Indian-administered Kashmir. The Study highlights the urgency of an international investigation into these international crimes where Indian security and armed forces are given absolute impunity by the central government. Against this backdrop, the study sought to provide a novel contribution to the literature on criminal justice in Kashmir and also for States, not a party to the Rome Statute. The study discussed in detail the scope, purpose, and benefit of 12(3) of the Rome Statute. Based on the fact that both parties to the conflict (India and Pakistan) are not party to Rome Statute. The study developed a prospective legal framework through which the jurisdiction of the International Criminal Court could be extended to the Kashmir conflict for an independent investigation into the ongoing acts of CAH under Article 12(3) of the Rome Statute and by application of the Bangladesh/ Myanmar model of territorial jurisdiction for cross-border crimes in Indian-administered Kashmir. The study urged an immediate need for an international independent investigation into past and ongoing abuses of human rights in order to bring justice to all Kashmiris who have been suffering as a result of decades of violence. It is recommended that any agreement to resolve the political situation in Kashmir must come with a promise to stop the cycle of violence and to hold those accountable those responsible for breaches of human rights in the region.Item The Challenges of Building an Inclusive Education for Visually Impaired Children in The National Educational System. A Comparative Analysis Between Brazil and Ireland(Griffith College, 2022) Silva Bernardo, TatianaThe main objective of this dissertation is to investigate the effectiveness of the legal provisions available in international law, in the fight against discrimination against children with visual impairments, applied in domestic law, making a comparative and social legal analysis between Brazil and Ireland. The research will adopt the legal-dogmatic methodological aspect, since it addresses internal elements to the doctrinal and social legal system of the current legislation on inclusive education in Brazil and Ireland. The study is important, because the visually impaired have the same rights as other children, being able to attend regular school normally, with just a few adaptations, and the government has a duty to ensure a high standard of education for students with special needs, in the face of innumerable laws, conventions, existing acts, which determine the rights of this public, without discrimination. It was concluded that, for inclusive education to effective, it is essential for the government to invest in a special education teacher training plan, so that it changes its way of thinking, reflecting on their pedagogical practice, with the inclusion of Braille in the course curriculum, as a mandatory subject. For this to be really effective, an expansion, improvement or relevant modification in the legislation is essential, so that it is immediately applied. And this can only be possible through regular inspections, in order to guarantee the right to quality education for Visually impaired students.Item The Right to Inclusive Education for Children with Disabilities and Special Educational Needs in Ireland: A Critical Analysis under International Human Rights Law(Griffith, 2022) English, Lauren M. LL.B., B.A.This research has highlighted that while there have been several encouraging developments for children with disabilities and Special Educational Needs (SEN), including Ireland’s ratification of the Convention on the Rights of Persons with Disabilities (CRPD) in 2018 and the enactment of the Education (Admission to Schools) Act 2018, current gaps in practice remain which hinder the realisation of the right to inclusive education for such children. Adopting doctrinal, sociolegal and historical methodologies, which was further supplemented by drawing on empirical research in the field of disability studies, this research examined the right to education under the wider international and regional human rights framework and explored the various sources from which the child’s right to education derives. This set the foundations from which the right to education for more generally for children with disabilities and SEN may be located. This was followed by tracing the emergence and key developments on the international level leading up to the adoption of the CRPD. After which, the CRPD, and specifically the right to inclusive education under Article 24 were examined. This research then considered the historical development of the educational rights of the child in Ireland. This began by locating the right to education in the Constitution of Ireland 1937 and reflects on germane case law which refined the scope of this right, particularly for children with disabilities and SEN. This was followed by charting the radical shift in legislative and policy developments in this area, beginning with the enactment of the Education Act 1998. Finally, this research analysed the translation of inclusive education in practice for children with disabilities and SEN with a view to examining the factors which facilitate, and the barriers which inhibit, inclusive educational practices for children with disabilities and SEN in Ireland, meeting the obligations conferred on States Parties by the CRPD and Article 24 thereunder.Item Misinformation in a Digital Age: A Comparative Analysis of how Legislation in the UK, Ireland, Australia, Hungary and the USA is Dealing with False Online Information(Griffith, 2022) O’Malley, FionaIn this dissertation it was shown how damaging online misinformation can be and the different jurisdictional legal instruments employed examine misinformation in a digital age – what misinformation is; the different legal and policy instruments used to reduce misinformation in the EU, the UK and America; the difficulties in identifying and tackling misinformation, and potential solutions to tackle misinformation on social media and on the internet. This dissertation examined the strengths and weaknesses of each piece of legislation and the difficulties in tackling misinformation. Issues identified included the violation of human rights in any censorship model, the problems of appointing a censor, including bias, incorrect censoring and abuse of power. The author acknowledges that disinformation and misinformation has hugely negative implications but emphasises the need for academic freedom and dissenting views for the sake of innovation and scientific breakthroughs. The author also identified many examples of dismissing or censoring statements that subsequently turned out to be true. The conclusions drawn from this dissertation were that there were many methods available for the tech giants to reduce online misinformation, but that these methods should be used only when statements are obviously and objectively untrue and harmful, rather than enforcing a draconian regime that ultimately restricts truth.