Global Campus Europe: EMA

European Master in Human Rights and Democratisation Theses written in partial fulfilment of master's degree

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Now showing 1 - 5 of 1981
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    Traditional family values vs. human development? : assisted reproduction techniques and the ecthr approach
    ( 2022) Günther, Amélie ; Agapiou-Josephides, Kalliope
    The emergence of new means of procreation through assisted reproductive technology (“ART”) has challenged the culturally shaped conception of the two-parent nuclear family that is biologically capable of producing a child and has confronted European states with the question of how families created through ART should be legally recognized and who should have access to these techniques. After an analysis of the evolution of the concept of ‘family’ in European societies since the drafting of the European Convention on Human Rights (“ECHR” or “the Convention”) and its repercussions in human rights discourse, this thesis examines whether the European Court of Human Rights (“ECtHR” or “the Court”) allows for inclusive conceptualizations of ‘family’ in its interpretation of the Convention in selected cases related to the use of ART. The analysis is done from the perspective of the capability and reproductive justice approaches, which offer a holistic and feminist perspective of the realization of human rights in practice. Empirical evidence suggests that the Court does adopt an inclusive understanding of ‘family’ and recognizes reproductive rights in the context of ART. Nonetheless, by invoking, in most cases, a wide margin of appreciation at the national level, the Court may well limit its role as a guarantor of human rights. States which adopt conservative approaches towards the regulation of ART may thus perpetuate traditional understandings of gender differences and family values at the national level, to the detriment of the rights of individuals who are unable to conceive a genetically related child by means other than ART, thereby severely compromising their individual freedoms and quality of life.
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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
    ( 2022) Gscheidlen, Anne Sophie ; Luhamaa, Katre
    A day before the start of the Russian 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 marginalization 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 marginalization of children in State care in reaction to the war against Ukraine, a country which has one of the highest child institutionalization 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, the thesis documents how States view their obligations towards these children, and what has already been undertaken by the international community 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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    The power of social media (regulation) : the invisible effect of platform governance on freedom of expression
    ( 2022) Groth, Wiebke ; Lemmens, Koen
    Cambridge Analytica, the Brexit referendum, and the election of Donald Trump; These three famous cases remind every social media user that they need to be sceptical about the information they are shown on their feeds. After the initial shock of these cases, awareness about the potentially detrimental interference of social media grew. Consequently, the question of effective platform governance through enhanced regulation became more widespread. To contribute to this debate, this thesis will explore current social media regulations with a focus on Europe and the EU and discuss their implementation, strengths, weaknesses, and effects on Freedom of Expression. Through painting a comprehensive picture of current platform governance, this thesis was dedicated to the question of how the regulation and moderation of social media platforms affect users’ right to Freedom of Expression. In this field, the investigation of law, and content moderation techniques in combination with an exploratory study to research their adverse effects are a rare find. Thus, the thesis first outlines how Freedom of Expression is protected and can legitimately be restricted. Secondly, it discusses how platforms are governed through policies, their terms of service and the efficacy of their mechanisms. Thirdly, it explores cases of when Freedom of Expression was restricted through methods of digital repression and consequently, how this affects social movements. Lastly, possible solutions and the new Digital Services Act of the EU will be explored. Overall, this thesis found that the current situation is a significant hazard to Freedom of Expression on the internet. The research reflects that overblocking happens regularly and thus, legal speech in our current online environment can be suppressed.
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    Mothers behind bars and children left outside : balancing the child’s best interests and the right to family life of the imprisoned mother: need for penal reform?
    ( 2022) Gelders, Beatrijs ; Pushkarova, Iva
    “Not my crime, still my sentence”, in Europe it is estimated that there are around 37.000 children with an imprisoned mother. Women locked up behind bars are often mothers. Being in prison brings some difficulties to fully exercise their parental rights. Moreover, Article 3 of the Convention on the Rights of the Child expresses that the best interests of the child shall be a primary consideration in all actions concerning children. The principle has been criticised for being too vague and indeterminate and it certainly cannot be a primary consideration when the parent is convicted for having committed a crime. There are also no binding guidelines on how to balance the best interests of the child with other interests, such as the right to family life of the imprisoned mother and the right of the state to punish for crime, which might conflict. This research aims to contribute to the existing literature concerning children with imprisoned mothers and to help shift the narrative so that prison authorities and states assure a more child-considerate approach in criminal justice systems.
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    "Que mi nombre no se borre de la historia" : the stakes of including women's historical memory in Spanish politics of memory
    ( 2022) García Dueñas, Lydia ; Naftali, Patricia
    Spain has had and continues to have problems in dealing with its dictatorial past, especially in the political sphere. Thus, the current Draft Bill on Democratic Memory, which is expected to be approved this year, has been one of the great advances in the field of memory policies. It includes the democratic memory of women as an achievement to remember their struggle for democratic values as well as for the violence they suffered both for their ideology and that of their companions and for not fitting into the gender role that Francoism had assigned them. In the light of these considerations, this thesis seeks to analyze what are the main stakes of including the historical memory of women in the politics of memory in Spain. To achieve this, the official Francoist narrative and the alternative collective memories supported by social actors will be examined, with special attention to the moment when women’s memory is supported in the social agenda. Secondly, the circumstances surrounding the draft bill will be studied in order to review the arguments put forward by the government as well as the main opposition it encounters from relevant actors. The analysis has shown that the democratic memory of women is framed as a more advanced version of the current official narratives of historical memory, but the different social and political actors have different interests that may come into conflict due, on the one hand, to the desire to contextualize the figure of women as a fundamental and not just anecdotal part of Francoism, and on the other to the desire not to open wounds of the past.