Awarded Theses

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Every year the regional master’s programmes of Global Campus of Human Rights select the best master theses of the previous academic year. The selected seven GC master theses cover a range of different international human rights topics and challenges. Adding to the GC master theses, are selections of Master’s theses which most programmes award on a yearly basis

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    The corporate response to allegations of human rights abuse: an analysis of responses published by the business & human rights resource centre
    (EIUC, 2012-11) Schweisfurth, Elizabeth Lynn ; Kamminga, Menno
    As governments and International Governmental Organisations (IGOs) continue to weigh the pros and cons of mandatory regulation for corporations and as long as the international business community continues to resist it, civil society remains the sole global watchdog of corporate complicity in human rights violations. Using the responses from corporations archived in the database of the Business & Human Rights Resource Centre (B&HR RC) since 2005, this thesis sets out to investigate the responsiveness of corporations to allegations of human rights abuse. By analysing response rates and evaluating the substance of the responses, this paper will show to what extent corporations are implementing Corporate Social Responsibility (CSR) policies and how the policy of naming and shaming can impact corporate ethical behaviour. This exploratory quantitative and qualitative research of corporate responses shows to what degree companies are living up to their public commitments of ethical conduct and what factors are contributing to effecting change . By collating and evaluating the documentation of corporate reactions to human rights abuse as published by the B&HR RC, this paper aims to fill a gap in the literature on the subject of corporate responses to accusations of ethical misconduct.
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    Criminalising hope : human rights implications of the criminalization of irregular immigration in EU member states and the EU
    (EIUC, 2012-11) Estévez Picon, Lidia Isabel ; De Stefani, Paolo
    The trend to criminalise irregular immigrants among European Union Member States entails important challenges for the protection of human rights in Europe and has created unease among human rights defenders and institutions around Europe and the world. The European Union’s security-driven approach on irregular immigration has contributed to such criminalisation, which today is increasing due to the rise of xenophobic parties in many Member States. However, after the Treaty of Lisbon, with the now binding Charter of Fundamental Rights, the European Union has the opportunity to change its approach to a more human rights-centred approach. Although the respect for fundamental rights was not at the base of the preliminary ruling that the European Union Court of Justice issued on 28 April 2011, this judgement could bring an end to the criminalisation of irregular immigration in most Member States. This thesis will analyse how the European Union has contributed to this trend and if, in the future, it will continue to do so or if it could possibly reverse it. Italy will be taken as a case study because it has recently enacted a law criminalising irregular immigration that could be directly affected by the judgement of 28 April 2011.
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    The use of history in democratization-processes: symbols, traditions, education and truth and justice policies in Europe
    (EIUC, 2012-11) Hamels, Pieter Jan ; Andersen, Erik André
    This research analyzes the different ways history is used by states in democratization-processes, both in the short term transition to democracy as for the long term consolidation of democracy. After an attempt to define certain key concepts (democracy, democratization, collective identity and collective memory), the thesis focuses on three policy-domains: (1) official symbols and traditions, (2) history-education and (3) truth- and justice-policies. In all of the three domains, it analyzes how, when and why references to the past contribute to democratization-processes and how, when and why it proves to be detrimental for these processes. Avoiding simplifying generalizations, it looks into the role the past plays in creating national cohesion and solidarity (nation-building), the legitimation of democratic rule, and the promotion of democratic values. By shedding a light on a sometimes forgotten, but therefore not less influential aspect of democratization-processes, this research hopes to contribute to the growing body of democratization-studies.
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    The right to education for children with mental particularities: an insight to primary special education in France and in Greece
    (EIUC, 2012-11) Chyta, Aikaterini ; Jacqué, Jean-Paul
    The everyday reality children with mental disabilities” and their family face, is hard since the very first moment the parents realise that their child is different from the others. School is the second level of socialisation in a child‟s life following the family circle and defines significantly the development of the child‟s autonomy and potential in the future. In case of pupils with mental particularities, inclusive quality education is the key that turns what is considered to be “disability” to “ability”, “capacity”, “potential” and “giftness”. The present thesis presents the current situation of primary special needs education in France and in Greece, in integration classes (French CLIS and Greek TE) and in segregated schools (French IMPs and Greek special primary schools). From theory to practice, from definitions and legal frameworks to multidimensional approaches and pratices, opening an intercultural dialogue between the two systems, the present theses gives an insight of their progress towards real inclusive education, proposes a number of practical solutions and supports the upcoming necessity for a new approach in education that goes beyond the concept of mainstream IQ oriented public education in order to guarantee the right to education for all.
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    The Holy See: sovereign power internationally recognised : does the authority the Holy See exercises within the international community go along with a responsibility for human rights violations?
    (EIUC, 2012-11) Leyns, Nathalie ; Cameron, Iain
    The objective of this thesis is to examine the link between the competence and power recognised to the Holy See among the international community of states and international responsibility in case of human rights violations. The first part enlightens the purpose of the creation of the Vatican City State and gives a general background to the unique status the Holy See has been granted with. The second part analyses certain international treaties on human rights the Holy See has ratified and the consequences in case of violation. The Convention on the Rights of the Child is considered as a case study in order to discuss the possible direct responsibility of the Holy See. The third part examines the issue of alleged human rights violations that originated from actions of ecclesiastical members or institutions. Focus lies on liability under the European Convention on Human Rights and the Foreign Sovereign Immunities Act in the United States. As regards the European Convention, it is argued that the European Court may influence church-state relations in matters related to certain human rights principles such as the right to a fair trial, the right to respect for private and family life as well as the right to freedom of expression and freedom of religion. Thus, the third part encompasses an analysis of certain judgments of the European Court where decisions of churches’ institutions may have been taken in breach of individual’s rights. On the other hand, under the Foreign Sovereign Immunities Act, the special relationship between religious ministers, such as priests, and the Holy See is analysed through the recognition of the possibility for the Holy See to be seen as the priests’ employer and thus to engage its liability for clerical sexual abuses committed against children in the United States.
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    Responsibility to protect: the never-ending rhetoric or actual baseline for the EUs possible action
    (Global Campus, 2013-06) Homolkova, Lenka ; Bekou, Olympia
    The thesis focuses on the concept of the Responsibility to Protect (RtoP) within the framework of the European Union’s external action. The RtoP presents the newly emerging international norm aiming at prevent war crimes, crimes against humanity, genocide and ethnic cleansing, therefore its operationalisation is highly desirable. The regional organisations are well placed to play an important role in this respect. The thesis analyses to what extent can the EU invoke the RtoP in its foreign policies in the future showing that the RtoP elements and obligations already exist in the EU law as well as the EU possesses the impressive toolbox of the mechanisms ready to be deployed in the RtoP situations. Furthermore, the EU has been vocally very supportive of the RtoP since its creation. To what extent is/will be the EU able to transcend the mere rhetoric and actually regularly use the RtoP in its external policies? The current case of Libya shows that EU is able to follow the RtoP guidelines reflecting already the existing practice, however, one main obstacles hamper the full RtoP realization by the EU – lack of its codification in the EU law and instruments.
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    The transformation of the Inter-American system for the protection of human rights: the structural impact of the Inter-American Courts case law on amnesties
    (Global Campus, 2013-06) Toda Castan, Daniel ; Nowak, Karol
    Since 2001, although only in very few cases concerning amnesty laws, the Inter- American Court of Human Rights has started to declare the lack of legal effects of domestic legislation owing to its incompatibility with the American Convention on Human Rights. In addition, the Court imposes on national authorities the duty to exercise what it calls the “conventionality control”, and to disapply laws contrary to the Convention. Through an analysis of this and previous case law, as well as of relevant literature, the author argues that the Court is transforming the legal nature of the Inter- American system for the protection of human rights in order to enhance its influence on the states’ domestic order. However, the examination of the interpretative process through which the Court achieves this enhanced influence reveals that it is creating law and exceeding its jurisdiction. The theories of the state’s international responsibility and the inherent powers of international courts, as they stand, do not seem to provide a basis for this development. In view of this, but also of the reasons that may have led the Court to adopt this case law, the author raises the question of the legitimacy of this transformation of the Inter-American system and calls for the necessary reflection on the question.
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    Conflict-related sexual violence and international peace operations
    (Global Campus, 2013-06) Steinkogler, Cordula ; Murphy, Raymond
    Within the United Nations peace and security work, as well as in academic research, advocacy and policy initiatives concerned with peace and security, gender is mainly conceptualized as synonymous with women while sexual violence is largely conflated with gender-based violence and thus regarded as an issue that exclusively affects women as victims and men as perpetrators. This however led to the exclusion of male victims of conflict-related sexual violence from academic research, advocacy and policy initiatives, as well as UN initiatives on gender, peace and security. This thesis seeks to explore ways to conceptualize and address conflict-related sexual violence in a comprehensive and inclusive way within the UN peace and security agenda and particularly in peace operations. By the means of a critical analysis of academic literature and policy developments the thesis discusses the dominant conceptual and operational frameworks that have been developed to address conflict-related sexual violence and suggests a re-conceptualisation of gender and gender-based violence in order to better accommodate the empirical reality of male victims and female perpetrators of conflict-related sexual violence. The dominant explanatory and policy frameworks developed by scholars and adopted by the UN to prevent sexual violence in armed conflict are largely based on a narrow approach and fail to adequately address the complex dynamics of conflict-related sexual violence. Conflict-related sexual violence is conceptualized on the basis of a strict male perpetrator/female victim dualism that regards the perpetrator/victim relationship as a male/female relationship and thereby links it to sex rather than gender. This precludes an effective gender analysis of sexual violence in armed conflict and does not permit to include male victims and female perpetrators into a discussion on the root causes of conflict-related sexual violence. The dominant conceptualization of conflict-related sexual violence furthermore relies on an essentialist representation of men and women, portraying women as vulnerable victims of sexual violence and men as aggressive perpetrators. Through the perpetuation of these associations, existing gender stereotypes, identities and power relations that make sexual violence an effective tool of humiliation and intimidation in times of armed conflict are reinforced rather than challenged. Thus this thesis argues that a more inclusive and comprehensive gender approach to conflict-related sexual violence should be adopted that addresses the various root causes and underlying dynamics by challenging traditional gender stereotypes and identities promoted by dominant gender discourses. Strategies to enhance the ability of UN peace operations to protect civilians from conflict-related sexual violence will hardly be effective as long as gender stereotypes and ideologies that lie at the roots of sexual violence in armed conflict are reproduced rather than deconstructed in UN discourse on peace and security as well as in the discourses of member states and particularly their military institutions.
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    The interplay between human rights and translation in multilingual newborn Kosovo
    (EIUC, 2014-04) Darts, Rebecca ; Márquez Carrasco, Carmen ; Rodríguez-Piñero, Luis ; Escobar, Silvia
    Translation and interpretation have generally been overlooked in international human rights law, yet if there exists the right to use lan - guage in private and public spheres, this needs to be facilitated through provision of translation and interpretation. Conceptualising the right to translation and interpretation within the framework of linguistic human rights, translation and interpretation are instrumental in the fulfilment of a number of human rights, including rights to a fair trial, language, education, and participation. This thesis explores the human rights implicated in the provision of translation and interpretation in the specific context of Kosovo: a unique multilingual and political context in which the international community has nurtured the protection and promotion of national minorities. To analyse the interplay between translation and human rights this thesis applies the 4A analytical framework (availability, accessibility, acceptability, adaptability), which has been developed in other fields of human rights particularly in relation to the provision of public services, including in relation to the right to education, the right to adequate housing or the right to water and sanitation. The thesis concludes that language assistance proves to have key instrumental and practical importance for safeguarding human rights and promoting tolerance in multicultural societies.
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    Escaping narrow human rights framings in the context of sexual orientation and gender identity
    (EIUC, 2014-04) Mincheva, Ioanna ; Nedbalkova, Katerina
    This study focuses on two concepts in regard to the gay, lesbian, bisexual and transgender (LGBT) movement: Nancy Fraser’s conceptual framework of recognition, redistribution and representation as conditions for social justice and Ronald Holzhacker’s three modes of interaction of LGBT civil society organisations (CSOs) with their respective political environment. Human rights framings are the link between these two differing approaches, in explaining the shift in interpretations and the development of the framing of the rights of LGBT persons in terms of human rights framings to accommodate LGBT rights claims as a legitimate human rights concern. This study aims to come to an informative conceptual model of evaluation which can serve to further the understanding of the LGBT movement’s interaction and work in differing political environments in the European context. It can also be used to outline the goals and demands deemed reasonable to be pursued in each of the three outlined social settings, firmly grounded into a human rights paradigm. An attempt will be made to offer some alternatives regarding the LGBT movement in relation to human rights framings that have become somewhat traditional and rather narrow. This study aims to provide an alternative model of combining two very different fields of study in order to propose a fresh insight into a much contested subject with the view of expanding LGBT concerns into related fields of study which can prove enriching.
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    New governance mechanisms and international human rights law: moratoriums in law and practice
    (EIUC, 2014-04) Gião : de Brito, Rita Sofia ; Granger, Marie-Pierre
    Moratoriums in IHRL, as new governance mechanisms, can be defined as the temporary suspension of a specific domestic law or regulation, which results from a varying degree of external influence of the international human rights politics or practice. Their purpose is to explore alternatives to the existing legal framework, with a view to proceeding with its definite modification in the long-term. They offer a middleground solution to a persistent lack of consensus on issues where there is a deep clash of culture, morals or values, where no universally agreed standards seem to exist and where the human rights nature of issues is debated. Due to the increase recourse to such “soft law” instruments, which operate on the margin of the rule of law and the traditional separation of powers doctrines, it is crucial to assess the nature of their relationship with the law. Through the application of the conceptual framework of new governance to moratoriums addressing the highly contentious issues of the death penalty and discrimination based on sexual orientation, it is possible to demonstrate that these instruments - as a flexible alternative to the conventional rule-making processes - have the potential to shape public policies and transform human rights law, in particular through the intervention of peer-review and judicial review.
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    The dilemma in the deaf community: linguistic minority or persons with disability?
    (EIUC, 2014-04) Chatzopoulou, Anastasia ; Constantinides, Aristotelis
    This thesis examines the dominant construction of deaf people as persons with disability, and contrasts it with the suggested construction of deaf people as linguistic minority, with the view to resolving the dilemma regarding their classification. The principal objective is to provide deaf people with the best legislative option for the protection of their rights. An interdisciplinary approach is followed, analysing the medical and the sociocultural perspective, in order to provide the reader with a holistic view of the situation. Both legislative options are assessed and their implications are examined, whereas special emphasis is given in areas such as health, education, culture and language. It is demonstrated that both options apply. Thus, the thesis concludes by bridging the two options and by suggesting a common approach. Several recommendations are provided calling for cohesion and mutual respect, inclusion of deaf peoples’ preferred point of view with a view to empowering their position. Last but not least, emphasis is placed on their right to choice, their right of self-determination and on the development of understanding and respect of diversity.
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    An analysis of the legal, policy and institutional frameworks on the right to water in Uganda
    (Global Campus, 2014-09) Kabagambe, Agaba Daphine ; Durojaye, Ebenezer
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    Refugees and geopolitics: exploring US and Indian influences in the treatment of Bhutanese and Tibetan refugees in Nepal
    (Global Campus, 2014-09) Sigdel, Kamal Raj ; Banki, Susan ; Hayes, Michael George
    This research makes an inquiry into the influence of the two powerful states, the US and India, in the treatment of the Bhutanese and the Tibetan refugees in Nepal. In particular, it provides a comparative study of the situations the refugees underwent in the course of their history, from their struggle for asylum following their first flights to the recent endeavours in finding durable solutions, taking into consideration the actual geopolitical context they lived in. The study employs the perspective offered by Goodwin-Gill, especially his concept on the role of geopolitics in refugee protection. Goodwin-Gill argues that unlike what the states often claim, the refugees have actually been subject to differential treatment guided mainly by the states’ own geo-strategic interests rather than the interests of the refugees. The study shows that the states have influenced the refugees’ treatment directly as well as through the UNHCR. Given the geopolitical reality, the host country Nepal is found to have become a passive recipient of the external influences when it comes to the treatment of the refugees and finding durable solutions. As a result, in spite of the fact that they are living in the same country, the two exiled communities were treated very differently, depending on the kind of political and geo-strategic interests they served for the influential states. While the continued presence of the Tibetan refugees near the Chinese border served the US and Indian interests to keep them as a bargaining chip to counterbalance Chinese actions in the region, the continued presence of the Bhutanese in the camps near Bhutan was perceived as a threat to regional security. This led to the Bhutanese refugees being prioritized for third-country resettlement and the Tibetans for continuing their political struggle. The study thus reveals that such differential treatment has had a concrete and far-reaching impact on the situations of the refugees.
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    Facing the past in Prijedor: a case study of local transitional justice initiatives
    (Global Campus, 2014-09) Dowling, Julia ; Pajic, Zoran
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    Water and the Arab Uprisings: the human right to water and sanitation in post-transition Egypt
    (EIUC, 2014-10) Hessling, Leonard ; Durac, Vincent
    This thesis analyses the water and sanitation crisis through the human rights lens in the context of the Egyptian uprisings of 2011. It introduces a tripartite approach, the water – human rights – governance nexus offering an alternative narrative to the uprisings. In questioning whether the water and sanitation crisis can be considered as one of the factors that fed into the uprisings, it is argued that the human right to water and sanitation provides an adequate framework to address precisely the grievances at the root of the uprisings. Post-transition has opened a window of opportunity in a unique socio-political situation when governance structures are under review, and a holistic and effective water and sanitation strategy taking account of the human right could finally be established. The thesis successively investigates the Egyptian context with particular regard to the authoritarian state and the water and sanitation crisis. The human right to water and sanitation is examined in the Egyptian legal context including the new constitution of 2012. Finally, the implementation of the human right is investigated through a baseline study of relevant stakeholders and their achievements as well as shortcomings. Identified challenges are mainly systemic in nature, relating to an inadequate institutional design and a lack of participation, transparency and accountability, which all can be traced back to a lack of political will to implement the human right to water and sanitation.
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    Unravelling the puzzle of piracy: a Somali perspective
    (EIUC, 2014-10) Ahmed, Fatma ; Ehrhart, George
    The UN Security Council has issued ten resolutions dealing specifically with piracy off the coast of Somalia. There has since been a growing concern among international, regional and maritime actors about the potential threats posed by the phenomenon of piracy as long as Somali waters remain in a state of lawlessness. Academics and international maritime actors have analysed the several dimensions of the threat to the global economy and global security that piracy off the Horn of Africa constitutes. However, there is a considerable gap in analysing the implications of piracy within Somalia and the broader local consequences. The present thesis addresses this gap and offers a Somali perspective on the dynamic challenges of piracy. Such analysis will inform the debate on prospects for long-term eradication of Somali piracy and propose pragmatic local solutions to confront the piracy problem within Somalia. The main body of this thesis is divided into three parts: Part I analyses the political and social context of piracy to understand why it has flourished practically unfettered; Part II investigates its core characteristics to identify internal stakeholders; Part III proposes to re- think the counter-piracy approach to allow Somali people themselves to be at the forefront of tackling and eradicating piracy.
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    Are we protecting future generations’ right to food? : a study of intergenerational obligations
    (EIUC, 2014-10) de Man, Annelie ; Allain, Jean
    Currently, enough food is produced across the world to keep up with demand. However, the production of food is dependent on the availability of certain natural resources. The aim of the thesis is to establish whether we are potentially violating the right of future generations to adequate food. There are, at present, various human practices which have destroyed the quality and availability of these resources. The thesis will examine the principle of intergenerational equity as well as the right to adequate food in order to identify any obligations on the present generation to protect the interest of future generations. It will be demonstrated that we owe an obligation towards future generations to use environmental resources in a sustainable manner. This will be followed by an examination of various unsustainable human practices that have led to the depletion and degradation of the resources which are essential for food production. It will be demonstrated that as a result of these practices we have violated our duties towards future generations thereby putting future food security at risk. The thesis will conclude with a discussion on optimising food energy efficiency and the role that science and technology and small-scale agriculture can play in fulfilling our duties towards future generations.