Browsing Awarded Theses by Subject "administration of justice"
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ItemAccess to Justice for Persons with Disabilities in Kenya: from Principles to Practice(Global Campus of Human Rights, 2020) Macharia, Wilson ; Mezmur, Benyam Dawit ; Mutambasere, SusanApproximately 15% of the world’s population experience a form of disability, with a significant number of them experiencing a severe disability. According to the 2019 Kenya Population and Housing Census, about 2.2% of all Kenyans have a form of disability; with the most prevalent types of disabilities being mobility-related. These persons with disabilities face disproportionate marginalisation, which results in broad ranging restrictions on their full and effective participation in society. This marginalisation is further exacerbated by social, structural and legal barriers which impede their access to justice, a fundamental right, and a prerequisite for the realisation of other rights guaranteed across local and international human rights instruments. The international community has shifted towards a human rights approach which is aimed at enhancing effective participation of persons with disabilities on an equal basis with others. Kenya has expressed its commitment towards this approach through ratifying international human rights instruments such as the United Nations Convention on the Rights of Persons with Disabilities which forms part of Kenyan law pursuant to article 2(6) of the Constitution of Kenya 2010. Article 13 of the Convention requires access to justice for persons with disabilities to be enhanced at all phases of the administration of justice. This notwithstanding, access to justice for persons with disabilities in Kenya remains an unfulfilled desire. Against this background, this thesis seeks to identify the main challenges and practices that impede access to justice in the Kenyan justice system with a specific focus on persons with disabilities, with the aim of suggesting possible solutions that can aid in solving this paradox. It achieves this through examining- the nature and scope of the right of access to justice for persons with disabilities; the recognition of the right of access to justice for persons with disabilities in the Kenyan and international legal framework; the barriers that hinder the full and effective participation of persons with disabilities in the Kenyan justice system, with a specific focus on the courts; and the steps that Kenya should take to eliminate the identified barriers.
ItemAdministration of indigenous justice : limits and scope of indigenous legal systems based on the plural control of constitutionality of the Plurinational Constitutional Court of Bolivia(Global Campus, 2017-09-20) Patzi Condori, Israel Leonardo ; Kreimer, OsvaldoThis paper offers an analysis of the essential aspects of the collective human right to the administration of justice of the Native Indigenous Peoples and Nations in the Plurinational State of Bolivia, based on the role of the Plurinational Constitutional Court. Bolivia’s constitutional reform of 2009 led to the implementation of a new State model designed in the light of pluralism, interculturality and decolonisation, the guiding criteria from which the Native Indigenous Campesino Nations and Peoples are recognised the right to administer their own justice, with the sine qua non of respecting the fundamental rights established in the Political Constitution of the State and the Constitutionality Block (which ensures the validity of the international corpus jure of Human Rights). Based on the above, our research focuses on the application of the Plural Control of Constitutionality of the Plurinational Constitutional Court, understood as a new paradigm in the light of comparative law establishing the scope and limits of the administration of indigenous justice. KEYWORDS: Native Indigenous Campesino Nations and Peoples - Plurinational Constitutional Court - Administration of native indigenous campesino justice
ItemGender invisibility and the best interests of the child in the administration of justice: analysis of the request for house arrest by Ana María Fernández(Global Campus, 2016-11) Comas, Rocio ; Terragni, MartinianoThis study looks at the application of house arrest in case law after the reform of Law No. 24,660 on the enforcement of deprivation of freedom in Argentina. This change increases the number of cases in which confinement is moderated, such as when pregnant women and/or mothers of children under the age of five are involved. This study analyses Ana María Fernández’s request for house arrest by interpreting the arguments made by judicial officers using three main tools: gender perspective, the best interests of the child and the hermeneutics of human rights.