03. Global Campus Masters' Theses

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    The 2013 Irish legislation on abortion: turning-point or missed opportunity? : a critical analysis from a human rights perspective
    ( 2014) Cosentino, Chiara ; Higgins, Noelle
    While Ireland is being targeted by a worldwide Amnesty International campaign on sexual and reproductive rights, a reflection on the Irish legal framework on abortion is deemed necessary. The present work assesses whether the Protection of Life During Pregnancy Act approved by the Irish Parliament in July 2013 represents a step forward or a missed opportunity for the protection of women’s reproductive rights in Ireland. After illustrating the legal, political and social developments on the issue of abortion since the introduction of the Eighth Amendment of the Constitution in 1983, the focus will move to the analysis of the 2013 Act. The assessment will be twofold. On the one hand, at a national level, the alleged shortcomings of its practical impact will be illustrated. On the other hand, at the international level, the legislation will be evaluated in the light of its compliance with the Irish obligations under International Human Rights Law. Finally, it will be concluded that the Protection of Life During Pregnancy Act has to be welcomed, since it fills a thirty-year lasting legislative gap, but it falls short of human rights requirements and does not bring any major practical improvement in the majority of women’s lives.
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    The 2016 reform on Islamic education textbooks in Morocco : the strategy used by the reform to implement a “more tolerant” Islam
    ( 2017) Boustany, Razane ; Gunn, Jeremy
    In 2016, a commission working under the supervision of the Moroccan Ministry of Education completed a revision of the textbooks and curricula for the teaching of Islam in public schools. This change was very controversial among the experts and teachers of Islamic education, which raised a lot of questions concerning the effectiveness and the significance of this reform. In fact, it was made upon the request of the King Mohammad VI, who wanted to promote a “more moderate” Islam. This study, which is based on a careful review of selected textbooks before and after the reform, seeks to underline first, the different issues pointed out in the public debate to better understand the direction taken by the reform. Second, it exposes a comparative study of six textbooks underlining exactly what the changes were to the curriculum, was it on the level of the structure or the content of the textbooks. Finally, it will put into relation the different elements found in the first two parts in order analyze the strategy used by the Ministry of Education, in the reform of 2016, to promote a “more moderate” Islam.
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    A commodity for export? The implementation of the Triple Nexus by the National Societies of the Red Cross in national migration affairs
    ( 2023) Conte, Arianna ; Koff, Harlan
    The subject of this thesis is the potential implementation of the Triple Nexus by the Red Cross National Societies in Europe. In an innovative approach, it looks at three different local branches of the Red Cross as the main subject of focus. This choice was dictated by the fact that these are considered both the emergency actor for crises happening in Europe and the humanitarian organisation. Considering the scarcity of previous scholarly work on the topic, the author has engaged in data generation through interviews with six Red Cross representatives, two per case study, one working nationally and one internationally. The thesis then conducts a comparative study to create generalisable findings from this data. By using normative coherence for human rights as its theoretical framework and looking at both the national and international level of each National Society, the research leading the following academic piece aims at uncovering whether the Triple Nexus is used as a tool to cope with the migration crisis on European soil, or whether the latter is used solely as a commodity for export, something to apply only abroad. In doing so, it not only helps fill the lack of academic sources looking at the putting in practice of the Triple Nexus, but it also uncovers the normative implications of a potential divide between the national and international domains.
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    A comparative analysis of populist party discourses and party programs: evaluating women’s rights and gender equality in Hungary vs Poland and the Netherlands. Populist parties and gender: a human rights approach
    ( 2024) Bourilkova, Lyubov ; Harmsen, Robert
    This paper analysis how the far-right populist parties construct women’s rights and gender equality in Hungary, compared to Poland and the Netherlands. By analyzing party rhetoric, law amendments,cultural and political contexts, this study highlights how far-right populist parties shape women’s issues to further their political agendas. The study discusses the anti-feminist and strategies of Hungary’s Fidesz and Poland’s Law and Justice party, contrasting them with the more progressive yet still far-right populist approach of the Netherlands’ PVV. The analysis reveal that while the far-right parties in Hungary and Poland utilize traditional gender roles to forward their agenda at women's rights and gender equality, the Dutch far-right exploits women’s rights discourse to justify their anti-immigrant sentiments.
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    A critical approach to neonatal euthanasia : a proposal for a protocol aimed at harmonising the jurisprudence of the European Court of Human Rights
    ( 2022) Contras, Oana ; Benoît-Rohmer, Florence
    As societies developed, medical practices advanced as well. Consequently, moral dilemmas arise putting fundamental rights at stake. This paper deems to explore the practice of neonatal euthanasia and the born polemics due to human rights conflicts, cultural relativism, bio rights as well as fiduciary duties within the European Union. In cases of euthanasia, law and morality clash, this posing a definite challenge on the European Court of Human Rights. When it comes to cases of neonatal euthanasia, conflicting rights arise, and the absoluteness of the right to life and not being subject to torture are being questioned. Ethical questions are being posed, cross-examining issues of when life begins, who is the right holder, the duty bearer as well as what it means to be a human being or a person. Thus, this paper through the analysis of neonatal euthanasia, the absoluteness of the rights and the judgements of the European Court of Human Rights will argue that an Additional Protocol mirroring the Dutch Groningen Protocol, with regards to the practice, shall be proposed to the Oviedo Convention. Hence, the European Court of Human Rights by having available such protocol will have clearer guidelines when similar difficulties are being encountered.
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    A demand for jal, jungle aur jameen : an argument for climate justice of indigenous women in india through recognition of land rights
    ( 2022) Anju Anna John ; Gomez Sanchez, Davinia
    The environmental movement of modern-day India could be traced back to protests led by the indigenous Adivasi women. These protests were to secure the health, food security and livelihoods of their families, on lands that they had traditionally occupied. Ironically, the strongest hurdle they face in saving their lands from deforestation and other development projects is the Forest Department in India. This paper seeks to make an argument for the Adivasi woman’s climate justice as the realisation of rights over their traditional lands. This paper examines the unique situation of the indigenous peoples in central Indian society. It then considers the effects of climate crisis in this region on the Adivasi women, and how dispossession of land caused by extractivism has affected their lives and livelihoods. It proceeds to deliberate whether gaining rights over their traditional lands would be the solution, and how have legislations and cultural practices affected their land rights. Following this, India’s obligations under international law is analysed. Finally, this research studies the implementation of the Forest Rights Act of 2006 that recognised indigenous peoples’ rights over forest lands. Based on the findings of this paper, it can be concluded that despite the impediments faced in the implementation of the 2006 Act, the proper enforcement of the legislation is the best available solution towards ensuring climate justice of the indigenous women in India.
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    A human rights-based approach to augmentative and alternative communication: enhancing the right to inclusive education in Italy in a digital world and a post-COVID era
    ( 2024) Polidori, Gaia ; Broderick, Andrea
    The right to inclusive education is a fundamental right for children with disabilities since it provides them with the necessary skills to fully exercise their human rights and participate actively in society. Article 24 of the United Nations Convention on the Rights of Persons with Disabilities embodies the principle of ‘inclusive education’, recognizing the right of people with disabilities to access education, the necessity of establishing a consistent ‘inclusive education system’, and aims at ending discrimination and fostering equal education opportunities for students with disabilities. However, nowadays there are still many challenges that children with disabilities face in schools, concerning the lack of access to digital tools and services, as well as the lack of specific and adequate support, in particular with the COVID-19 outbreak. Through the case study of Italy, this thesis focuses on the issues that children with speech, language, and communication needs have faced in primary schools since the COVID-19 pandemic and the increasing digitalization of school materials and contents. Therefore, the purpose of analyzing Article 24 CRPD, is to examine the right to inclusive education in Italy, investigate the extent to which Italian laws and policies are in line with the CRPD, and underline the challenges in the system. To explore such issues, this thesis proposes an interdisciplinary framework that examines the interaction of communication theory and human rights law in today’s digital world, specifically investigating how a human rights-based approach to alternative and augmentative communication in Italian primary schools can enhance the right to inclusive education for children with speech, language and communication needs, facilitating digital participation in a post-COVID era.
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    A matrix of jurisdiction: extra-territoriality ‘divided and tailored’ : States’ duties to ensure access to effective remedy under the EU Proposal for a Directive 2022/0051 on corporate sustainability due diligence
    ( 2023) Fruth, Leonard ; Binder, Christina
    What are jurisdictional implications when the EU is regulating companies’ conduct outside of the EU, and enshrines judicial remedies for victims of corporate human rights violations that occurred abroad? The EU initiative for a Directive on corporate sustainability due diligence is an important step towards a legally binding framework, which this thesis takes up to inquire into a particular tension: (i) the well-established lack of access to effective remedies in the EU for victims who are based in a third country, (ii) the call on Member States to reduce legal, practical, and other barriers as given mandatory expression in the Commission Proposal, and (iii) the right of access to effective remedy in international human rights law as mediating between the former two. The inquiry has the following steps: Part 1 introduces the structuring role of concepts of ‘jurisdiction’ both for States’ competences to act within and outside their borders, and for the scope of States’ obligations under human rights law. Then it highlights jurisdictional obstacles and barriers inherent in the EU jurisdictional framework. Part 2 compares the negotiation mandates of the Commission, Parliament and Council with respect to their scope as regards remediation, presenting scenarios to illustrate the mechanisms that would be available for victims to bring claims against private parties, and against the State. Part 3 extrapolates three specific bases of States’ extraterritorial jurisdiction and the according substantive and procedural standards that States need to observe under the Articles 1, 6(1), and 13 of the ECHR, informing the discussion of the scenarios developed before. In light of the opposing tendencies in the three mandates, linked to substantively different remediation for victims outside the EU, a framework of ‘forms of extraterritorial jurisdiction’ is assessed.
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    A modern tale of Frankenstein? How to regulate non-consensual sexually explicit AI-generated deepfakes in the Metaverse
    ( 2024) Kolen, Elise ; Benedek, Wolfgang ; Tichy, Helmut
    This thesis examines the emerging issue of non-consensual sexually explicit deepfakes (sexfakes) in the context of the Metaverse. The research focuses on two key issues: sexfakes as a gender-based phenomenon, and the applicability of current regulations on sexfakes in the Metaverse. The thesis takes a euro-centric approach and therefore analyses the current regulatory frameworks established by the Council of Europe (CoE) and the European Union (EU) on sexfakes and the Metaverse. The study reveals that while progress has been made in addressing sexfakes, current protections remain incomplete, leaving women inadequately safeguarded. The Metaverse presents further unique challenges in the regulation and enforcement of sexfakes, raising complex questions about identity, legal personality, avatar ownership, harm, perpetrator accountability, jurisdiction, and the right to be forgotten. This thesis argues that the EU's and CoE's stance that no new instruments are necessary may underestimate the transformative potential of the Metaverse, especially concerning gender-based cyber violence. It proposes to enhance current frameworks to specifically address sexfakes in the Metaverse by taking a proactive regulatory stance so that the Metaverse could be transformed into a safe and inclusive digital space for all. Keywords: artificial intelligence, gender-based violence, deepfakes, non-consensual sexually explicit deepfakes, Metaverse, European Union, Council of Europe.
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    A normative and legal analysis of the convergence of labour and migration policies: impacts on migrant workers, undocumented workers, refugees, and asylum seekers in the European Union
    ( 2024) Impiglia, Dalia ; Pushkarova, Iva
    This thesis's research considers a normative understanding of EU migration policy in tandem with the practice of labour rights for migrant workers, refugees and asylum seekers, and undocumented workers. The reason to uncover the relationship between labour rights for migrant workers and migration comes from the persisting incidences of exploitation in the EU that affect non-EU citizens exponentially more than EU workers. Understanding why this trend occurs and what systems are in place to prevent it is crucial today and requires moral and legal assessment. The first half of the research places the EU's approach to labour migration in normative contexts. The case for Open Borders migration, based on the work of Joseph Carens, posits an egalitarian liberal ideology seemingly emulated by the border-free EU regime. However, the fortification of the EU external border and increasing securitization of the EU represent the ideas of Christopher H Wellman's right of association. Although oppositional, it is only in tandem that we may understand the EU's labour policies differentiating non-EU workers. The second half of the research focuses on how the current practice of sponsored work permits, employer's sanctions, migration policy filters, transnational guest worker schemes, and exploitation and trafficking prevention schemes all impact labour rights for migrant workers. The findings show that economic self-interest and historical colonial relations cause migrant workers to live and work in precarity and residential insecurity and face significant discrimination. Low-skilled, low-wage employment and ethnic economies significantly have heightened risks of exploitation by the shadow economy, the informal sector, and state regulation.
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    A patchwork way to democracy: Brazil’s struggles to remember its past and the role of arts to create an anti-authoritarian culture
    ( 2024) Schmidt, Paula Eduarda ; Preda, Caterina
    Abstract: The aim of this thesis is to analyse Brazil’s long history with authoritarianism and investigate whether and to which extent the country succeeded to overcome the twenty one years under the military rule. A historical overview is provided in order to give visibility to a range of different elements that has impacted the country’s political environment and cultural identity. The investigation continues as we understand the intrinsic elements that composed the Brazilian authoritarian regime and the governmental initiatives towards the building of democratic values, the respect for human rights and the memorialisation of past atrocities. In the final chapter, the relevant role of civil society is assessed even though the nation is still battling with a culture of violence and social fragmentation. It leads to the elaboration of the contributions brought by arts and culture in the transitioning process and whether it is a valid mechanism or not to achieve reconciliation. Key words: Brazil, transitional justice, memory studies, latin american studies, arts and human rights
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    A seemingly obsolete mechanism activated : temporary protection for forcibly displaced Ukrainians - a paradigm change of the European Union on how to deal with future mass influx situations?
    ( 2022) Fridl, Susanne ; Arenal Lora, Libia
    The European Union faced an extreme mass influx situation, after Russian armed forces launched a large-scale aggression in Ukraine on 24 February 2022. The European Union reacted promptly with the activation of the temporary protection mechanism on 2 March 2022 for Ukrainians fleeing the war in order to ensure a high protection standard. However, this mechanism has so far been never used since its implementation within the Temporary Protection Directive 2001 - despite the fact that the European Union faced several mass influx situations in the past. This research aims to answer the question if the activation of the Directive can be considered as a paradigm shift of the European Union on how to deal with the predicted mass influxes of the future, stemming from European as well as non-European countries - or if the activation of the Directive can be seen as circumstantial and only applicable in the Ukrainian case. The study sheds light on the temporary protection regime, its challenges and advantages and aims to answer the question if temporary protection in the concrete form is a promising approach to deal with future mass influx situations. Furthermore, it elaborates on the previous mass influx situations since the implementation of the Directive, the failed activation requests of the past and on the EU’s approach to deal with these previous mass exodus situations. The study further focuses particularly on the question why the Temporary Protection Directive has been seemingly obsolete for the last 21 years and compares these reasons to the prompt activation in 2022. Taking all these aspects into account, recommendations to overcome the challenges and ensure a high protection standard for all future mass influx situations are developed at the end of the research.
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    A ‘SLAPP’ to democracy? Case study of the effects of strategic lawsuits against public participation in Slovenia
    ( 2023) Čas, Zala ; Džihić, Vedran
    In recent years, several concerns have been raised over the threat of Strategic Lawsuits against Public Participation (SLAPP) to European democracy. This thesis explores the effects of SLAPP lawsuits both on public watchdogs as individual targets and a broader community, and how they essentially undermine democracy. The threat to democracy is explored with the analysis of freedoms and human rights that are restricted due to SLAPP effects, as well as with a single-country case study of Slovenia. Although it is maintaining a relatively high level of democracy, Slovenia has been recognized as a country under the threat of SLAPPs. For a better understanding of the effects, in-depth interviews were conducted with SLAPP victims and experts familiar with this phenomenon. Participants represented different spheres that SLAPPs in Slovenia are targeting: media, environmentalism, activism, and academia. First, the analysis focuses on the individual experiences and observations from the participants on the specifics and extent of SLAPP effects in each sphere. Then, it explores the relationship between the country’s state of democracy, recent political changes, and SLAPP cases. The analysis shows that despite the recent political shift from a right-wing government known for undemocratic actions to a left-liberal one, the threat of SLAPPs is still present. While the threat of state-led SLAPP has diminished, critical voices are still targeted by a variety of powerful actors with either political or economic goals to silence them. As emphasized by the participants, legal countermeasures are needed to tackle SLAPP lawsuits, since political changes alone will not save democracy.
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    Abortion and euthanasia in the light of any relevant rules of international law : interpretation challenges for the European Court of Human Rights
    ( 2009) Villalibre Fernandez, Vanessa ; Kamminga, Menno
    This study will try to shed light on the use of international sources by the European Court of Human Rights and its influence on the interpretation of the rights guaranteed by the European Convention on Human Rights. During the last years, the Court frequently applies any relevant rules of international law applicable in the relations between the parties. In particular, its jurisprudence refers constantly to human rights treaties and European standards to establish the suitability of the Convention. However, this tendency is still limited concerning controversial notions. In this sense, two issues will be examined in order to illustrate the interpretation challenges for the Court in this field: voluntary abortion and euthanasia. From a thorough jurisprudential analysis, supported with doctrinal and legal references, it can be observed in the recent years the increase in the application of international instruments by the Court. This trend may entail a deep change in its interpretation methods as far as any relevant rules of international law are susceptible to be taken into account in order to clarify the rights under discussion.
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    Access to essential medicines: a challenge to the right to health?
    ( 2002) Swithern, Sophia ; Ulrich, George
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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 and human rights: the recognition of customary justice systems
    ( 2011) Roque, Rita : Almeida Sutil ; Suksi, Markku ; Myntti, Kristian
    There is an increasing development and institutionalization of customary justice systems in the legal order of several countries in the world. These justice mechanisms are recognized for providing an affordable and culturally relevant remedy to the population, in a more simplified and accessible way. Hence they are considered as useful tools to enhance the access to justice. Bearing in mind some of the human rights challenges associated with the use of customary justice systems, it is essential to ascertain if the main human rights that comprise the access to justice can be respected. In the General Comment No.32, concerning the right to equality before courts and tribunals and to a fair trial, the Human Rights Committee acknowledged that the customary courts recognised in the State legal order fall under the human rights provisions of article 14 of the ICCPR. This thesis examines the human rights obligations and the normative orders of States that have recognised customary justice systems and concludes that there are still numerous difficulties in complying with the established human rights provisions. Furthermore, it considers that, in the current circumstances, the human rights obligations of the States should be additionally defined and promoted.
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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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    Access to justice in Poland and length of proceedings as the main obstacle to access to justice in Poland
    ( 2010) Augustyn, Zofia ; Zwart, Tom
    The right to access to justice is one of the fundamental human rights and can be found in most important human rights treaties. Like with almost every human right, there are a number of problems which create a gap between the reality and an ideal access to justice. As access to justice is a very complex term, also the variety of problems connected with access to justice is very broad. This paper will examine the length of proceedings as the main obstacle to access to justice in Poland. The first part of this paper is introduction of the term access to justice and different aspects of this term. First chapter includes also historical background of the access to justice. Second part, concerns law instruments, which guarantee, the right to be tried within reasonable time, as one of the crucial factors, of the access to justice. The third part includes the criteria of the right to be tried within reasonable time in jurisprudence of the European Court of Human Rights and deals with possible sources of the delays of the proceedings in the Polish courts. The last part concerns possible ways of improvement of the right to be tried within reasonable time in Poland.