Global Campus Europe: EMA
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European Master in Human Rights and Democratisation Theses written in partial fulfilment of master's degree
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ItemRestoring access to effective remedy : a restorative justice framework to address human rights violations in context of multinational corporations acting in third countries( 2021)Amidst the intricacy of private international law, victims of human rights violations, in context of transnational business operations, find several barriers when fulfilling their fundamental right to access effective remedy. Endorsed by the UNGPs, several alternative non-judicial mechanisms have come forward to provide alternative remedial paths which may tackle the inherant constrainsments posed by legal remedies. Some, are already known and applied to the field of practice (such as mediation, negotiation or arbitration). However, the UNGPs framework leaves space for interpretation, providing for other creative ways to come about. This paper assessess the potential of applying a Restorative Justice framework as an alternative remediate path for business-related victims of human rights violations to find redress. Fitting within the criteria established under the UNGP guidelines, known and applied in other human rights violations contexts, restorative practices, in the right instances, have the potential to be a better fit to address and remediate adverse human rights impacts to court procedures.
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ItemInvoluntary soft sterilization for ‘unfit mothers’: Best interests of the child or latent eugenics? A historical comparative approach to the Dutch Law proposal and its legitimation( 2021)Due to the atrocities that resulted from the Nazi eugenic rhetoric, many states have been reluctant to implement policies that could be read as eugenics. However, the reality is that eugenic thought is still among us. In fact, with the advent of modern technologies, the ways in which the state influences women’s rights have become more subtle and sophisticated. We can no longer speak about forced sterilization in the terms that were used in the 19th and 20th centuries, but this study will show the alarming similarities between past rhetoric and current policies involving Long-Acting Reversible Contraceptive methods (LARCs). In particular, this paper will analyze the Dutch proposal that has been submitted calling for forced contraception for unfit mothers, a measure that is supposed to safeguard the best interests of the child and prevent vulnerable parenthood. Furthermore, this paper will attempt to establish whether the proposal’s intentions are legitimate and its means valid, or whether it entails latent eugenics. The methodology used will consist of a historical and comparative approach of the eugenic practices of the 20th century and their evolution—particularly, in the USA—to highlight the worrying similarities between past and present attitudes and logics.
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ItemA union between United Nations peacekeeping and conflict-related sexual violence against women : a critical analysis of the United Nations Multidimensional Integrated Stabilization Mission in Mali (MINUSMA), its Gender Unit and its strategies towards conflict-related sexual violence against women in Mali( 2021)Mali has been in conflict since 2012 and since 2013 the United Nations has been present in the country with their United Nations Multidimensional Integrated Stabilization Mission in Mali (MINUSMA). Their presence has been consistent over the last nine years and the mandate of the mission has just been renewed. One of the greatest problems’ women face in conflict is conflict-related sexual violence (CRSV), affecting not only themselves but their families and their communities as well. In this thesis, there will be a critical analysis of MINUSMA, its Gender Unit and its strategies towards CRSV against women which is based on available information and feminist theory. The United Nations provides this work with several reports and documents, which are supplemented by a variety of other sources to provide a critical analysis. Both MINUSMA and the Gender Unit face numerous difficulties while exercising their mandates, facing a deterioration of the social and political situation in Mali, and a global COVID-19 pandemic. Regarding CRSV there are some critical points, especially concerning the root causes of this type of violence that still need to be tackled and where improvement is highly necessary.
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ItemProcedural rights from a climate justice perspective. The case of the United Nations Framework Convention on Climate Change and the Aarhus Convention( 2021)Climate change is a global issue that requires a global solution. It disproportionally affects certain groups of people and regions of the world which are historically less responsible for the climate crisis, by threatening their existence and the enjoyment of human rights. The environmental justice and climate justice movement address the climate crisis by raising several justice claims. Among these demands, those that refer to a procedural dimension are concerned with guaranteeing a meaningful involvement of people in decision-making processes that could affect their life. This dimension overlaps with considerations regarding procedural rights of international environmental law. In particular, in the international scenario, the United Nations Framework Convention on Climate Change provides the Action for Climate Empowerment under Article 6, and the Convention on Access to Information, Public Participation in Decision-making, and Access to Justice in Environmental Matters is specifically concerned with procedural rights. Hence, they are relevant to evaluate whether there has been a real response to the demands of justice. This thesis evaluates to what extent these instruments display environmental and climate justice demands with a particular focus on procedural justice and procedural rights. It assesses that the Aarhus Convention is enshrined better these demands than the United Nations Framework Convention on Climate Change.