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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Browsing Awarded Theses by Title

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    Access to Healthcare for Persons with Albinism in Ghana: A Human Rights Approach
    (Global Campus of Human Rights, 2021) Daklo, Andrews Kwame ; Lansink, Annette ; Ngwena, Charles
    The realisation of the right to health is crucial to the survival of everyone, including persons with albinism in Ghana. Access to healthcare facilities, goods and services is fundamental to the enjoyment of this right which is closely connected to the enjoyment of the right to life by persons with albinism. Against the backdrop of international human rights law, this study critically examines Ghana’s domestic legal frameworks and institutional arrangements for respecting, promoting, protecting and fulfilling the rights to health for persons with albinism. It identifies barriers hindering access to healthcare and enjoyment of the right to health, including legal and policy constraints, lack of healthrelated information, reasonable accommodation, and harmful practices. The study proposes legal, policy and institutional reforms and intensive public education to address these barriers. It draws on best practices from other African countries to realise the right to health of persons with albinism.
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    Access to Justice for Persons with Disabilities in Kenya: from Principles to Practice
    (Global Campus of Human Rights, 2020) Macharia, Wilson ; Mezmur, Benyam Dawit ; Mutambasere, Susan
    Approximately 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.
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    Administration 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, Osvaldo
    This 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
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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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    Arctic voices from the frontlines of a warming world : the importance of indigenous knowledge in the climate change discourse
    (Global Campus, 2015-08) Waters, Eleanor ; Kuppe, René
    Arctic ice is melting at unprecedented rates, drastically altering arctic ecosystems, habitats, and lifestyles. Due to their subsistent ways of life, indigenous peoples have comparatively contributed very little to climate change, yet they are among the first to bear the brunt of its negative effects. Arctic indigenous peoples see human-induced climate change as a human rights issue, closely intertwined with self-determination and land rights. The various indigenous voices of the Arctic tell us they want to defend their cultures and will not be mere victims. They are increasingly vocal and involved in local, regional, and global solutions. The research in this paper reveals the impacts of climate change on traditional arctic ways of life. The contributions of indigenous ecological knowledge to adaptation initiatives are assessed and indigenous worldviews with inherent ties to the environment are discussed. A case study exposes the challenges of incorporating indigenous knowledge in Western science and politics. The Arctic Voices have a groundswell of support among scientists, researchers, environmentalists, and humanitarians yet there is very little government policy or action to help them combat the potential risks of climate change. As Arctic peoples continue to amplify their voices, policy and decision makers must listen in order to reach ethical and sustainable solutions to this crisis. Keywords: climate change; arctic; indigenous knowledge; indigenous rights; policy
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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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    At Risk of Falling through the Cracks? The Protection of Children in State Care in Conflict Situations in International Law and Practice
    (Global Campus of Human Rights, 2022) Gscheidlen, Anne Sophie ; Luhamaa, Katre
    A day before the start of Russia’s invasion of Ukraine, the Council of Europe vowed to create standards and mechanisms on child protection in armed conflict by 2027. It further promised to address the discrimination of children in state care. The need for a comprehensive child protection scheme during and post-armed conflict as well as efforts to combat the marginalisation of children in state care have, thus, been acknowledged. Yet, as far as Europe is concerned, states have only begun to fuse child protection during armed conflict with the awareness of the heightened vulnerability and marginalisation of children in state care in reaction to the war against Ukraine, a country which has one of the highest child institutionalisation rates in the region. With thousands of children in state care continuing to be evacuated abroad in a humanitarian effort to protect their lives and rights, this thesis seeks to firstly discuss the (in)sufficiency of the existing international legal rights and protective framework for these children. Secondly, this thesis documents how some European countries view their obligations towards these children, and what has already been undertaken by them vis-à-vis these children in light of the war against Ukraine as of early July 2022. Keywords: child protection, rights of the child, children in state care, armed conflict, Ukraine
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    Beneath the City’s Shining Facade, Discrimination and Death in the Sewers. An Analysis of India’s Right to Life Obligations to Eradicate the Caste-Based Practice of Hazardous Manual Sewer Cleaning
    (Global Campus of Human Rights, 2023) Kali, Yamuna ; Rouleau-Dick, Michel
    Loss of life resulting from manual sewer cleaning has been a tragic constant in urban India for decades, and its connection with caste and ‘untouchability’ has been an accepted fact, with the victims overwhelmingly belonging to the most oppressed castes. Still, there has been little progress towards addressing this issue, with no reduction in the number of people losing their lives in this way every year. Legislation and schemes aimed at ending the practice of manual sewer cleaning have had little success. This thesis approaches the issue as a violation of the right to life under article 6(1) of the International Covenant on Civil and Political Rights. Such an analysis would be incomplete without an awareness of the societal role of caste in the perpetuation of the problem. Therefore, this thesis also attempts to address the discriminatory aspect of the issue through an analysis of obligations under article 2(1) of the Covenant. Through an interdisciplinary approach that draws on historical and legal research methods, it is found that while the Indian state has made several attempts to address the issue of manual sewer cleaning, there is weight to the argument that India is in fact violating article 6(1), by failing to end the occurrence of death due to manual sewer cleaning, as well as article 2(1) in conjunction with article 6(1), due to the caste-based nature of the practice leading to a distinct violation of the right to life.
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    Between localised practices and global imaginaries of boycott and peace: decolonial reflections on BDS in Palestine
    (Global Campus of Human Rights, 2018) Everly, Jo ; Alazzeh, Ala
    Since its formal inception in 2005, the Boycott, Divestment, and Sanctions (BDS) has been a central tactic of the global struggle against the Israeli occupation of Palestine and its normalisation. It has also been at the forefront of numerous controversies around the world, especially with its recent nomination for the Nobel Peace Prize. After more than 10 years, the BDS has gained recent support from the PLO Central Council, while at the same time becoming a 'strategic threat' for Israel, which has introduced new legislation to ban its support. Some argue that the boycott has in fact become central to Palestinian politics. This increasingly vocal role in stirring the debate raises the question of what role the BDS is playing as a driver of change within local, Palestinian politics and how this affects the internationally-led project of 'conflict resolution' and democratisation. Within the context of the post-Oslo era of political and social division, what is the role of the boycott movement in re-defining the terms of the 'conflict' and as part of the wider resistance on the ground? By looking at the debates arising around the academic and cultural boycott within the Palestinian community, this thesis will analyse how the BDS movement is helping to re-frame both the global and local discourse around conflict and peace from a grassroots and indigenous perspective, while shaping its own identity as a rights-based movement for justice. Conceptualisations of BDS as both a “critique” and “dialogue”, as a transgression of social, political and discursive boundaries, and as a tool to reclaim collective identity will frame the discussion of BDS to understand it as part of the “Palestine analytic”: not as an exception but as the result of a global history of colonialism and relative anti-colonial struggle.
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    Between the domination of transnational companies and its discourse on business and human rights: contract farming and banana small farmers in the Davao region (The Philippines)
    (Global Campus of Human Rights, 2019) Hasanah, Mahesti ; Quan, Ryan Jeremiah D.
    This research examined violations towards small farmers’ rights over banana plantations – with the emphasis that the farmers held their agreements with transnational agribusiness corporations in Santo Tomas and Compostela Valley, Davao Region, Mindanao, the Philippines. By focusing on the right to work and the right to enjoyment of safe and healthy work conditions, the study was intended to enrich the existing literature reviews on contract farming (CF). The scholars in this field have explored this issue through many different approaches; however, perspective highlighting the farmers’ rights is still infrequently investigated. By using a case study method, the research focused on the implementation process of CF and its impact in the production cycle of small growers. The study conducted interviews and focus group discussions with eight small farmers, two academics, two nongovernmental organisations (NGOs) and one journalist and analysed government document policies, and had direct observation of several key events in the field. The research revealed that the companies governing the small farmers or growers as well as workers affect their social, economic and political aspects. Trans-national companies (TNCs) are controlling the market and the production chain through their subsidiaries or affiliation companies by rejecting the UN Guiding Principles on Business and Human Rights (UN Guiding Principles), obligating them to respect the rights regardless of their size, sector, operational context, ownership and structure. However, since the UN Guiding Principles can be sorted as soft law, the companies do not have an obligation to follow it. Instead, the companies are considered to be violating the right to work and right to the enjoyment of just and safe working conditions of the small farmers and workers. The violations included unfair contract signing, low payment on rented land, minimum wage and unhealthy working conditions. However, as CF is no single phenomenon, it was observed that the small farmers and workers had three strategies in gaining their rights over these domineering companies. They fought using formal and non-formal ways to demand the companies respect and fulfil their rights. This research should be able to strengthen the argument that companies are controlling the small farmers and workers under the CF system through social, economic and political aspects. Key words: Banana, Contract farming, Farmers’ rights, Socio-economic and political control, Philippines
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    Between Tradition and Fundamentalism: Muslim Women’s Rights in the North Caucasus
    (Global Campus of Human Rights, 2021) Gogueva, Zemfira ; Hristova, Maria
    At present, a significant number of young people in the North Caucasus, especially in urban areas, turn to Islamic fundamentalism. This undermines the influence of the traditional framework, adat, which tends to be supported by the older generation, as well as by those in power. While mass media and the official state narrative paint Islamic fundamentalism as a terrorist movement, supported by a small, marginalised group, the reality on the ground is much more complex. The aim of this study is to develop a better understanding of the religious and social changes taking place in the North Caucasus at the present moment, with a special focus on the rights and status of local women. The conclusions and recommendations offered by the study are based on 25 interviews with young women from Karachay-Cherkessia, Kabardino-Balkaria and Dagestan, conducted in summer 2021. The survey results indicate that women’s access to education and employment is often severely limited not only by social pressure and adat customs but also by internalised patriarchal ideas about gender roles. The other main finding of the study is that religious devotion often overcomes the adat’s influence in situations related to marriage and family life. Furthermore, North Caucasian women consciously choose fundamentalism as a way for self-improvement. As a result, women aspire to be active participants in the economic life of their republics, receive education and depend less on the traditional family hierarchy. From a theoretical perspective, the study uses the concept of Islamic feminism to articulate the possibility of fundamentalism as a conduit of women’s rights in the region.
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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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    Blockchain and journalism: the intersection between blockchain-based technology and freedom of the press
    (Global Campus of Human Rights, 2019) Veit, Meredith ; Machado, Jónatas
    Quality journalism is essential to democracy, as it is a means of empowering people with information. Yet, journalists, and press freedom itself, are under threat. The number of journalist assassinations and forced disappearances is increasing as the World Press Freedom Index rankings achingly decline across the board. Most state protection mechanisms are currently insufficient in shielding journalists from escalating violence – irrespective of whether or not these journalists report from a country in peacetime or at war. As a result, technologists have begun developing powerful tools in an effort to ensure that journalists and human rights defenders alike are more prepared in the face of danger. Yet, technological integration as an added safety and security mechanism is far from seamless. This paper critically reviews the new technologies offered to journalists – those that have succeeded and failed – in an attempt to consolidate the lessons learned from both journalistic and technological perspectives. Resultantly, there is a theoretical gap in if, and how, the offerings of modern technology, namely blockchain, could serve as an indispensable tool to better protect journalists and the journalistic process. This paper examines the convergence of blockchain and journalism; combining theoretical proposals from academia with the pragmatic technological developments underway and ultimately expanding upon the suggestions for potential applications, if applied correctly and realistically. Furthermore, this paper proposes blockchain-based smart contracts as an innovative tool for combating the high impunity rates for those who commit crimes against journalists – particularly assassinations and disappearances. The author argues that an important use of blockchain could be to establish a journalistic version of a ‘last will and testament’. This would ensure that essential stories do not die along with journalists who are assassinated while covering them and that those investigating the murders have greater access to pivotal evidence. However, any and all blockchainbased applications must first be vetted through an anti-techno-solutionist lens to assure that they are the most fitting tool for achieving the aim. Keywords: Blockchain, journalism, freedom of the press, technology, smart contracts, techno-solutionism, violence against journalists, decentralisation
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    Blood or soil, which one is thicker? : the obligations of EU member-states for the international protection of stateless children
    (EIUC, 2017) Parodi, Caterina : Lucas ; Davitti, Daria
    Statelessness has grave implications for the lives of millions of children across the globe. Without a nationality, children cannot have their rights effectively protected, despite the international protections enshrined in the Stateless Conventions. Whilst the UN launched a Global Action campaign to eradicate statelessness, many children seeking refuge in the EU are classified as having ‘undetermined’ nationality. These children grow up in limbo, completely unprotected. The aim of this dissertation is to critically evaluate the existing safeguards aimed at preventing childhood statelessness, while assessing EU Member States compliance with them, both in law and in practice. The main argument advanced in this dissertation is that the discretion afforded to Member States in this field allows for double-standards for the type and extent of protection granted to children. Consequently, it is advanced that the only way to effectively address this issue is by adopting a holistic child rights-based approach at the EU level and an independent monitoring system that helps harmonise the practice of Member State and ultimately ensure a child’s right to nationality, especially when otherwise stateless.
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    Caste Discrimination: A Study on Existing Law and Its Implementation on Inter-Caste Marriage of Dalits in Rukum, Western Nepal
    (Global Campus of Human Rights, 2021) Dhami, Dharmendra Bahadur ; Seneviratne, Wasantha
    The right to marriage of Dalits is violated due to caste-based discrimination in Nepal. Despite the provision of the law, the inter-caste married couples face violence and difficulties in accessing justice. The Caste-Based Discrimination and Untouchability (Offence and Punishment) Act was introduced in 2011 to address the issue. However, since its establishment, nine death cases of Dalits have been reported due to inter-caste marriage. These cases call for the need to examine how the laws and policies are implemented by the concerned government authorities. Thus, this paper intends to: (1) investigate how the state implements the law on the right to the inter-caste marriage of Dalits, (2) identify the barriers in the implementation of the law that could be addressed and (3) find the gaps in the access to justice procedures under the law. The researcher in this qualitative research collected the data from the inter-caste married couples, police officers, government representatives, lawyers, non-governmental organisations and the National Dalit Commission. It is found from the findings that the challenges that occur in the implementation of the law and policies on the inter-caste marriage are: delaying and denying the registration of complaints of inter-caste married couples at the concerned police units, lack of protection of inter-caste married couples and lack of knowledge on the provisioned law. Moreover, there is also a challenge from the upper-caste people who do not recognise and respect the provisioned law due to their traditional discriminatory mindset. Therefore, along with the implementation of provision laws and policies, advocacy and campaigning are crucial to disseminate the law and change the community's perception of the right to marriage of Dalits.   Implication of the thesis: Firstly, this research helps in understanding the challenges in the implementation of the law and existing gaps that create difficulties in accessing justice to the victims, particularly the inter-caste married couples. Secondly, the suggested recommendations of the study help the policymakers in addressing the identified gaps. Lastly, the findings and recommendations of the research are useful for the NGOs and civil society organisations to pressurise the government through advocacy for making the concerned law implementing agencies serious and accountable. Keywords: caste-discrimination / inter-caste marriage / untouchability / socio-cultural exclusion / Dalits
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    Challenges faced by civilian personel providing international humanitarian assistance deployed in post-Cold War United Nations peacekeeping missions
    (Global Campus, 2015-08) Hernández, Lía ; Arcidiácono, Pilar
    Once the Cold War came to a close, the essence of peacekeeping operations changed in terms of their function and composition. There was a dramatic increase in the number of operations undertaken worldwide and the function associated with traditional peacekeeping operations evolved into multiple tasks undertaken by an increasing number of civilian personnel. Since then, international civilian peacekeepers deployed in the field of UN peacekeeping operations began to face numerous challenges and threats that had an impact on their personal security and safety as well the execution of their tasks which were essential to deliver effective humanitarian assistance according to the specific mandates of the UN peacekeeping missions.
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    Children’s Rights to Education in the Digital Era: Barriers of the Digital Divide for Children of Low-Income Families in Nepal
    (Global Campus of Human Rights, 2023) Karmacharya, Swasti ; Seneviratne, Wasantha ; Capaldi, Mark
    Human rights in Nepal recognises education as a fundamental right for all individuals. The pathways to achieve undisrupted access to education particularly for children from low-income families are still bounded by poverty and emerging barriers, such as digital divide. Thus, the objective of this research was to identify and critically examine the relationship between the barriers of digital divide and children’s right to education, especially in the context of COVID-19 pandemic which has placed further challenges on the education system. This qualitative research employed a narrative inquiry approach by using key informant interviews (KII) as its research method. The total sample size of this research was 19 key participants including parents of children from low-income families, public school teachers, non-governmental organisations and subject matter experts from Kathmandu, Nepal. The data were analysed by using narrative analysis. The research findings showed that digital divide significantly impacted children’s access to education, including the divide in ownership, access to digital devices and infrastructures. Possessing relevant knowledge, skills, adequate exposure and experience to efficiently use the digital technologies for learning purposes were equally crucial in determining the impacts of digital divide. Moreover, the compounded impacts of digital divide in education and COVID-19 further perpetuated systemic inequalities and reinforced forms of privilege and exclusion within the Nepalese education system. The existing regulatory frameworks of Nepal also proved to be doing very little to address the problems associated with educational inequity and consequent disparities. This research concluded that children from low-income families were continuously challenged by existing and emerging barriers, thus hindering their access to education. Implication of the thesis: This research highlights the gaps in knowledge, understanding and awareness on the prevalence and impacts of digital divide on children’s access to education in Nepal. This research helps raising awareness on the necessary actions needed by relevant duty bearers and stakeholders to ensure children from all backgrounds realise their education rights in an equitable manner in Nepal. Keywords: children’s right to education, access to education, digital divide, barriers of the digital divide, educational inequalities
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    Cinema as a Tool for Human Rights Education and Reconciliation in Post-conflict Communities, the Lebanese Cinema and the Civil War as a Case Study
    (Global Campus of Human Rights, 2021) Bara, Rawad ; Haddad, Rabih
    Since the Universal Declaration of Human Rights in 1948, there have been continuous efforts to spread the concept of Human Rights Education (HRE). Formal tools for human rights education, such as programs and curricula in educational institutions, must be of great importance, but they face challenges in their reachability to diverse groups of society, so it was necessary to resort to informal tools as solutions to such challenges and to bridge this gap. Cinema is one of the most prominent informal tools because of its accessiblity to various segments of society and its educational and historical role in influencing public opinion, spreading awareness and advocating for human rights. This is evident through films that deal with armed conflicts, which gives films importance in the process of reconciliation in post-conflict societies. This research seeks to understand the nature of the relationship between the principles of reconciliation and Human Rights Education and how cinema can advocate for these two principles. The study deals with the case of the civil war in Lebanon and the fictional cinema that dealt with it, to analyse its potentiality in reconciliation and HRE, given that the conflict in Lebanon is one of the most controversial and sensitive conflicts in the region, which always raises the question about the extent to which there is a “real” peace today, after all these years have passed since the end of the civil war.
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