Global Campus Europe: EMA

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https://reponew.gchumanrights.org/handle/20.500.11825/42
European Master in Human Rights and Democratisation Theses written in partial fulfilment of master's degree

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Browsing Global Campus Europe: EMA by Title

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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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    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 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 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 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 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.
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    Access to Justice: the difficulties faced by judges in ensuring a fair trial in family courts when a victim of domestic abuse appears as a litigant in person and is cross examined by an alleged perpetrator. A case study of Domestic Abuse Bill 2019-20, UK
    ( 2020) Asim, Meha ; Nowak, Karol
    This thesis discusses the impact of cuts in legal aid introduced by the Legal Aid, Sentencing and Punishment of Offenders Act 2012 on victims of domestic abuse in UK with a particular focus on married women with or without children and how it undermines access to justice for them. It also explores the key problems that raise concerns about the victim’s right to a fair trial in family court proceedings when they come to the court as a litigant in person. Additionally, it also explores a new Domestic Abuse Bill 2019-21 that is currently at the second reading stage in the House of Lords and analyses the extent to which it addresses the concerns and is responsive to the needs of the victims. It ends with emphasizing that urgent amendments are needed in the bill and in the provision of legal aid, as together it can make a worthwhile meaningful change in the lives of these women suffering from this crime. The main reason why the issue of domestic violence, with a specific focus on married women with or without children, and the impact of legal aid cuts on victims have been explored together is because these problems have persisted for far too long. Women have continually been the subject of this suffering. With the current pandemic resulting in even more domestic abuse cases and deaths, it becomes extremely necessary to put an end to the torture. This health crisis has given the law makers a much needed reminder that domestic abuse crime must be stopped once and for all. Even though the cuts in legal aid were introduced, it was specifically preserved for victims of domestic violence in family proceedings. It may seem that at least the needs of the victims will be catered for in the courts system, but the reality is quite different. Certain barriers still exist that prevent these victims from either accessing legal aid/courts or they end up appearing as a litigant in person in courts if they choose to deal with the issue. Knowing that such barriers have damaging impact on victims, the parliament has not taken any robust action either in the form of repealing the legislation that introduced these cuts or by effectively removing the hurdles that these victims face. Another reason why a particular emphasis has been placed on married women in abusive relationships involving children is because children are indirect victims of the abuse. Children, who are a part of this situation, can face many additional psychological, mental health problems in future which is only likely to get worse if the conflict is not resolved quickly and if they are not moved to a better, safer and a healthier environment. This abuse even though is targeted at the woman in the household, tends to leave a very strong negative impression on children who are witnessing everything. This crime weakens the fabric of the society due to its damaging aftereffects, hence making it all the more important for it to be tackled with the same or even greater force with which it continues. This thesis looks into UK legislation and an upcoming bill, the primary reason being to use UK as an example for exploring and analyzing an issue which is not specific to UK only. Domestic abuse together with availability of legal aid, accessibility to courts and other specialist services are issues that exist in other parts of the world as well. It is a global issue, although the findings of this thesis would have to be adjusted according to the specific needs and requirements of victims in those countries. The proposal of solutions or improvements that have been recommended in the last chapter are not intended to be firmly entrenched, instead, given that the bill is going through the parliamentary stages, is still developing and hasn’t become law yet, these recommendations are only to be treated as guidelines that would help these victims along with their children. The resources mainly used for the thesis were articles on access to justice, issues surrounding the provision of legal aid and philosophy behind introduction of cuts by the government. Reports from various nongovernmental organizations, news articles, parliamentary publications, parliamentary debates (Hansard) specifically in the House of Commons and post implementation reviews with respect to law on legal aid cuts were used in order to get a deeper current insight on how the Domestic Abuse Bill has responded to the issues facing the victims in family courts, what is remained to be achieved and what ministers and other NGOs think about the bill and how effective they think it would be. These resources have also helped in revealing certain unsettled pending issues related to accessibility of legal aid by the victims that requires immediate attention. The thesis is structured in a way that it first introduces the general concept, the overarching aim of access to justice. It is then narrowed down to the concept of legal aid in UK, examining the problems surrounding it with respect to private family matters, the reasoning behind those issues and how these issues obstruct the goal of achieving access to justice. It then gives a detailed account of what victims of domestic abuse experience in two stages; firstly, when the crime is not reported and secondly, when the victim decides to appear in court without legal representation due to legal aid/advice availability issues. It further describes what judges have to go through backed by case law, when dealing with a victim as a litigant in person. This is where the relevance and the importance of the new bill come into play which has been discussed later. The bill makes the court experience for the victim as a litigant in person less traumatic than it would have been if certain provisions had not been introduced in it. Apart from being less traumatic, the provisions also help in ensuring a fair trial which is a very important aspect to be considered since the aim is to ensure not just the safety of the victim, but the child involved in the conflict as well. The thesis later focuses on the gaps that still remain to be addressed in both the bill and the law on legal aid. It proposes certain solutions and amendments in both that can make a noticeable difference for these victims and their children. The thesis also aims to show that access to justice is not just referred to access to courts or what happens in the court system; it also refers to the provision of other services, the unavailability of which can also harm the victims and their children. As a result, a discussion of those services has also been included in the last two chapters. The reason why the thesis has been structured in this way is twofold: Firstly, to address that the concept of access to justice goes beyond a fair trial and the functioning of the courts system and secondly, it aims to show that the bill and the law on legal aid have a simultaneous impact on the victims. The bill strengthens the accountability of the perpetrators for their actions while on the other hand their accountability declines due to the lack of provision of legal aid/advice for the victims. If gaps are filled in both areas, a very strong, protective mechanism seems to be in place for victims and their children.
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    Access to rights for victims of human trafficking: constructing rhetoric or constructing reality?
    ( 2009) Kelly, Kevin Baudouin ; Planitzer, Julia
    Access to rights for victims of human trafficking exists in international law, and states are legally bound to grant these rights, but the real question this thesis will attempt to answer will be what these rights are, whether these rights exist, implemented in domestic law and are they tangibly accessible for victims of trafficking. Moreover, are they victim specific, accommodating for the special needs states have pledged to provide. These obligations to provide these rights exist under international and regional human rights standards, but are the honoured and if not, why not? Do they grant the rights that are needed to fulfil and protect the rights of victims? Is the state actively creating rights for the purpose of victims of trafficking or does it end up being part of the problem more than the solution and why is access so difficult to achieve for the victims? These fundamental questions will be investigated in this thesis, studying the relationship of the victim and the state throughout with these international human rights obligations always in mind. This will attempt to provide the answer to whether ultimately the access to rights for victims of trafficking provided through international law are constructing its reality, or simply constructing its rhetoric.
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    Access to social rights of non-removable TCNs in the European Union : destitute in the limbo of toleration
    ( 2018) Gómez Escolar Arias, Pablo ; Marouda, Maria Daniella
    Throughout the European Union, a group of migrants live in protracted destitution, without access to basic economic, social and cultural rights. This is the result of the legal limbo they live in. Although being in an irregular administrative situation in the Union, they cannot be sent back to their countries of origin due to legal or practical impediments. Therefore, they remain in the territory of the Member States under different toleration statuses. However, toleration does not mean regularisation, but a liminal or atypical status where non-removable migrants find themselves trapped, sometimes for decades. The aim of this thesis is to analyse on the one hand the kind of obstacles that throw third-country nationals (TCNs) into a situation of non-removability [the causes], and on the other, what the status granted to them when they are found to be unreturnable is [the consequences]. A study of the relevant European Union migration law will be conducted, as well as of the national responses to the issue. All this will be then contrasted with the obligations set by the human rights legal framework, to see whether the current legislation and practices concerning non-removability are compatible with the respect of human dignity.
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    The accountability for human rights protection afforded by the interim administration of the United Nations Missions in Kosovo
    ( 2007) Oestreich, Guido ; Machado, Jónatas
    The thesis reviews the accountability and compliance of the human rights protection in Kosovo afforded by the United Nations Interim Administration Mission in Kosovo (UNMIK) since 1999. United Nations Security Council Resolution 1244 mandates UNMIK “to protect and promote human rights”. Instead of reviewing the implementation of human rights envisaged by the international instruments adopted by law in Kosovo, this thesis investigates whether UNMIK bound itself legally to those instruments and complied with the obligations under the envisaged monitoring mechanisms for treaty implementation. As regards access to justice, the thesis analyses the accountability and functioning of existing institutional judicial and non-judicial review mechanisms regarding human rights protection. In view of the sensitivity of the rights of arrested persons, the thesis looks into the legal revision of detention or arrests of Kosovo citizens detained by order of KFOR and UNMIK. Through a comprehensive analysis, this thesis argues that the reasons for the identified shortcomings of human rights protection are of a structural, rather than a conceptual, nature. Human rights concepts are sidelined for purposes of political expediency, a process made possible due to a lack of sufficient separation of powers and check and balance mechanisms in the mission’s structure.
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