Global Campus Europe (EMA) Awarded Theses

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https://reponew.gchumanrights.org/handle/20.500.11825/739
Each year the EMA Council of Directors selects five theses, which stand out not only for their formal academic qualities but also for the originality of topic, innovative character of methodology and approach, potential usefulness in raising awareness about neglected issues, and capacity for contributing to the promotion of the values underlying human rights and democracy.

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Browsing Global Campus Europe (EMA) Awarded Theses by Issue Date

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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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    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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    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.
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    From Russia with love: an impact assessment of resolution A/HRC/21/L2 on sexual minorities in Africa
    (EIUC, 2014-10) Odoyo, Roselyn Awuor ; Beleza, Teresa
    This thesis elaborates the resolution on ‘‘Promoting Human Rights and fundamental freedoms through a better understanding of traditional values of humankind’ by examining the different transitions of the concept of “traditional values” in Africa and how the different transitions as well as the challenges that have emerged in documenting African sexualities through history to present day have affected sexual minorities on the African continent. It suggests that what is couched as “traditional values” is actually religious values translated into cultural relativism and judicial moralism to the detriment of Lesbian, Gay, Bisexual and Transgender individuals.
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    The Cologne judgment: a curiosity or the start sign for condemning circumcision of male children without their consent as a human rights violation?
    (EIUC, 2014-10) Bernaerts, Jonathan ; Tretter, Hannes ; Nowak, Manfred
    Following the Cologne judgment the debate on circumcision of male children has received a new impetus. Nonetheless, this debate is still too often contaminated with biased opinions, as such this thesis attempts to give an objective analysis of the human rights aspects of the circumcision of male children. In this thesis the circumcision of male children is examined singly without an attempt to argue a non-discrimination violation against men given the alleged similarities with some forms of female genital mutilation. From a medical point of view on the practice, three distinct types of male circumcision can be defined. In the legal analysis these three types are examined with regard to the Convention on the Rights of the Child. Consequently, this thesis concludes that a human rights violation is apparent with regard to Type 3, the circumcision of male children lacking either a medically trained or well- experienced circumciser to the level of a medical practitioner, clinical conditions or the use of anaesthesia. The importance of this thesis lies in its new typology of circumcision of male children and the extensive examination of the applicable rights of the Convention on the Rights of the Child, including the recent General Comment No. 14 of the Committee on the Right of the Child on the best interests of the child.
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    Memory, human rights films and symbolic reparations : a case study on the new Argentine cinema
    (EIUC, 2015-05) Nurzia, Olivia ; Maceira Ochoa, Luz
    The overall objective of this thesis is to analyse from a theoretical point of view, the potentiality of human rights films as an effective means of symbolic reparations. Since the late 1980s human rights films emerged as an independent strand in the field of cinema and became a powerful tool for the promotion of human rights. Human rights films influence the public opinion and encourage the participation in relevant debates for the society. Ultimately, human rights films represent a significant support for the construction of social memory which is a process vital to a well-functioning democracy. The thesis will draw on the specific context of Argentina and it will illustrate, through the analysis of two films, the relationship between social memory with a gender perspective and human rights films.
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    The satanic mill : human rights and the responsibility to counteract
    (EIUC, 2015-05) Schrempf, Tessa Antonia ; Klabbers, Jan
    This thesis argues that the free market doctrine and the institutional framework it requires create an environment that, while having a huge impact on people’s lives, does not provide for externalities such as the realisation of human rights. Given that states have a primary responsibility to ensure people’s de facto enjoyment of their human rights, governments have to reclaim fiscal space and assume a regulatory responsibility with respect to the market environment. This leads to restoring the primacy of the human being over that of the market. Human rights are considered to be a suitable vehicle to satisfy this need. In order to adequately respond to the complexity of the market environment, it is vital to revisit the state’s human rights obligations. The approach suggested understands the market as one of the sources of deprivation that lead to human rights violations. In order to specify the state duties this may entail, this thesis argues for an alternative human rights theory, the “responsibility to counteract.” The feasibility of the responsibility to counteract is shown by briefly applying it to the financial and economic crisis in Europe in the early 21st century and tackles inter alia rising poverty, unemployment and inequality.
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    The prominence of the body as an instrument of border control : assessing the age of unaccompanied migrant children in the European Union
    (EIUC, 2015-05) Venturi, Denise ; Foblets, Marie-Claire
    The premises of the research are rooted in the debate about human rights of migrants and securitisation of borders in the European Union. In this context the body is in the spotlight, since a key component in the reinforcement of external borders has been represented by the growing use of biometric data that is derived from the human body. The paper aims at investigating how and to what extent the human body is considered as an instrument of border control in the European Union. After providing an overview on the relevant EU legislation, the paper explains which human rights implications are entailed by the use of biometrics in the management of migration and asylum. It then introduces the case study of age assessment for unaccompanied migrant children, illustrating in particular the human rights that can be at stake with regard to medical age examinations. Through the analysis of the selected case study it makes clear the crucial role that the human body plays in the strategies of border control. Eventually the paper argues that, through the deployment of such techniques, states are expressing their power on the body of migrants in order to exclude and not to include them.
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    Blasting into fame: female terrorists make a statement
    (EIUC, 2015-05) Mihailescu, Laura ; Beleza, Teresa
    Over the last few decades, women have proved that they are willing to join violent organisations and fight for their cause alongside their male counterparts. Yet, it seems that an attack caused by a female suicide bomber is always unexpected, confusing, and overemphasised. Usually, women are not associated with the execution of violent acts, but, due to their gender, they are rather seen as the resultant victims. However, by employing a rhetoric which undermines their capacity of voluntarily performing such dreadful acts, they are denied agency and are reduced to the notion of incapacitated actors. This thesis attempts to discourage the common assumption that women who become female suicide bombers should be seen as victims of their own societies. In order to properly address the phenomenon of female suicide bombers, a multi-level analysis will be employed. The motivations for committing such acts will be analysed against the backdrop of the regional conflicts. Media and academia discourses shall be assessed, while also engaging with feminist theories of crime. In addition, the last chapter will present the suitability of the current counter-terrorist framework in relation to female suicide bombers and suggest improvements where needed in order to circumvent this deadly phenomenon.
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    Surviving independence : South Sudan’s contested constitution-making process
    (EIUC, 2015-05) Storaas, Guri ; Dudouet, Véronique
    South Sudan got its independence in 2011, after 39 years of civil war with Sudan. Two and a half years later a new armed conflict broke out, this time between different fractions within South Sudan. This study looks at one of the most important, yet contested political processes in South Sudan; namely the process of drafting a permanent constitution. It takes a social science perspective, using constitution-making theories, participation theories and theories on inclusive political settlements as an analytical framework, and focuses particularly on inclusion and exclusion in the process. The study challenges the assumption that closed processes that produces a temporary constitution is favorable to prevent a relapse to armed conflict in post-conflict societies. The South Sudan case shows that temporary constitutions negotiated in closed settings in fact can increase the conflict levels within a country. The President’s failure to prioritise the review of the Transitional Constitution, whether deliberately or not, made possible power contenders believe that the only possibility they had to negotiate the political settlement was through violent means.
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    Not that kind of gay : credibility assessment and the concept of sexual orientation in European asylum law
    (EIUC, 2016-04) Ruppacher, Raphael ; Melo, Helena : Pereira de
    Recently, more and more countries have recognised sexual orientation as a ground for asylum. This has led to a shift from rejecting such claims because of a lack of recognition of the ground under asylum law to a “culture of disbelief” of the applicant’s claimed sexuality. When assessing the credibility of the claimant’s sexual orientation, case workers and judges often take an approach loaded with heteronormative and culturally insensitive stereotypes of homosexuality. This thesis uncovers how the history of sexual orientation asylum claims has led up to a very recent judgement by the Court of Justice of the European Union (ABC) that puts an end to the most evident human rights violations in credibility assessments. Furthermore, this thesis postulates that the problems that still prevail in the aftermath of this judgement are conceptual. The misconception lies in focusing on assessing the true sexual orientation of the applicant rather than the perceived difference and persecution. This thesis has a strong theoretical focus and argues for a radical shift away from trying to prove the sexual orientation of asylum applicants by re-interpreting the concept of sexual orientation in European asylum law in the light of queer theory, intersectionality and international human rights standards.