Sökresultat:
944 Uppsatser om Rights to be heard - Sida 11 av 63
Kvinnans rättigheter i rätten : Om våldtäktsdefinitionen i svensk sexualbrottslagstiftning
During the past 10 years Sweden has updated its penal code for sexual crimes twice. Despite this few are convicted for the crime of rape in Sweden. As the majority of perpetrators being male, this is a problem concerning women?s rights to respect for their bodies and personal integrity. A possible explanation, and this study?s point of departure is a potential discrepancy between the intention of the law and the interpretation of the same as the Swedish legal system rests on a foundation of legal positivism.
Just war teorin och de nya krigen -en möjlig kombination?
In the political world of today the discussion of Just wars are very present, since the international law and the UN Charter provides certain rules about when it is justified to go to war (jus ad bellum) and how a justified war should be conducted (jus im bello). The discussion about jus ad bellum and jus im bello derives from the theory of Just war. Both in international law and the Just war theory, focus is on interstate wars were the actors are two sovereign states. Since the end of the Cold War there has however been a change in the way wars are conducted. From interstate to intrastate warfare, where the government in most cases no longer has the monopoly over the warfare.According to these facts, my conclusion is that the Just war theory has to expand and incorporate a focus on the human rights in order to be able to meet the new standards of the new wars.
Funktionshinderpolitiskt program : fallstudie om kommuns implementering av en FN-konvention
Author: Gabriella Agné and Helena LarssonTitle: Disability policy program ? a case study of a municipals implementation of UNs Convention on the Rights of Persons with Disabilities.Supervisor: Marianne Westring-NordhAssessor: Ulf DruggeThis study aims to examine how a small municipal in southern Sweden works with the implementation of the UN Convention on the Rights of Persons with Disabilities and examine the assistant officers knowledge about this work and user organizations inclusion and user involvement.The study operates from a qualitative approach based on the results of nine semi-structured interviews with local politicians, assistance officers and representatives from three different user organizations.The results show that the municipal has chosen to work with the implementation of the convention by creating policy programs for their departments through dialogue with user organizations, and by mapping the accessibility to public places. The results also show that the assistant officers have been given no information regarding the convention or the policy programs from their employers and instead operate from national legislations and prepositions. The user organizations feel that they were initially included in the process, but that their impact has later been removed due to structural reorganization..
Identitetens språk : Svensklärares attityd till dialekt i Värmland
The main purpose of this thesis is to analyze laws that completely prohibit abortion through a legal philosophical perspective. To demonstrate that abortion blanket bans cannot be seen as legally legitimate, the author has completed a literature study where she uses Robert Alexy?s ?Concept of Law? to analyze abortion laws both in general, and in Nicaragua in particular.Based upon Alexy?s ?Concept of Law? the author has identified three relevant key elements ? social efficacy, the argument from injustice and correctness of content - which she uses in her analysis. In order to apply these three elements on the total abortion ban, she then uses four different analysis tools - feminist theory, Human Rights, deontology analysis and right analysis. This has enabled a thorough analysis of the total ban on abortion that has demonstrates that such laws cannot be considered legitimate.By highlighting the human rights violations the law entails, one can conclude that the law has a social impact.
`Hard eller soft power´ - när det gäller att främja demokrati och mänskliga rättigheter?
The thesis investigates how two of the world?s most powerful international actors, the US and the EU want to promote democracy and human rights. The aim is to compare how the US and the EU work in order to support a democratic development in the world. In order to fulfill the purpose of the thesis a qualitative text analysis was used. Since the aim is to compare the US and the EU I believe this method is beneficial.
Myten om republikanismen: En dekonstruktion av dagens franska demokratiideal
This paper is a critique of the hegemonic democracy ideal in France today, the myth of the Republic. Based on critical theory, the paper also contains a normative attempt giving the chance to subaltern groups to tell their, less often heard, version of the "truth".The theoretical foundation is the ontological narrative perspective, where identities and actions are understood as being constructed by the telling of stories. The interdependent relations of different narrative dimensions are analyzed. The power over who gets to tell the story of the "truth" is understood as decided in the interaction by dimensions of metanarrativity, public narratives, ontological narratives and conceptual narrativity. The author argues, inspired by Chantal Mouffe, that consensus is an illusion based on exclusion of those that differ.
Maktdelning : och konstitutionellt rättighetsskydd
The topic of this master thesis in legal science is state law and constitutional law, or more specific judicalization, with the division of power and thus increased individual legal rights in various forms. Sweden has traditionally had a weak constitutional protection for the individual?s legal rights. The public power has been concentrated to the government and the courts have only played a marginal role. Since the implementation of the European convention of legal rights and with the ever-increasing importance of the legal system of the European Union, the Swedish legal system gone through changes of historical dimensions.This master thesis is based on the legal dogmatic method where laws, preparatory work, case law and doctrines have been systemized.
Medskyldig till folkmord? En studie om internationella samfundets inblandning i folkmordet i Rwanda 1994.
The Rwandan genocide 1994 was a well-planned and ethnic based act that killedapproximately 900 000 people. The UN and the colonial powers are getting much attentionand are worldly discussed about the failure of interference before and during the genocide. Inthis study the history of colonial Rwanda will be analyzed and the UN relation will bediscussed. This will be done by examining how the colonial powers have affected Rwandathrough history and how the UN have responded upon the challenges towards Human Rights.Questions about accountability and failure will also be discussed and analyzed. This has beendone by analyzing highly reliable documents and books by NGOs and scholars.
Att vara mellanchef i Svenska kyrkan : en studie om den prästerliga mellanchefen i tio stora pastorat efter strukturförändringen 1 januari 2014
The proponents for conscience wants to get a clause that will allow the health professionals to due. scruples waive certain duties. Swedens decision makers has despite pressure from the Christian De-mocrats and the Sweden Democrats decided not to implement freedom of conscience in health care. The purpose of this paper is to investigate whether Sweden has the obligation to provide for freedom of conscience in health care. Furthermore, it must be examined, whose rights according to the law will go first, health professionals right to freedom of conscience or the patient right to equal treat-ment.
Ett öppet eller slutet Europa. En diskursanalys av EU:s flykting- och invandringspolitik
This thesis focuses on the perception of immigration and refugees in the commonEuropean refugee and immigration policy. It identifies different discourses andstudies their development and interrelated power structures.Using the discourse theory of Laclau and Mouffe, documents from theEuropean Council, the Commission, the Justice and Home Affairs Council andParliament debates are analysed. The study is defined in the time span of 1999-2006, i.e. from the European Council's first agreement on developing a commonEuropean asylum system, following the period up till today.Four discourses are distinguished, focusing respectively on rights, security,European Union's needs, and cultural identity. I use Sandra Lavenex theory ofrealism and idealism to analyse one of the main points in the thesis: There is afundamental schism between the one rights-based discourse, focusing on universalhuman rights, and the three sharing a particularistic focus on immigration as asecurity concern.
SYNS VI I SVERIGE? : En rättssäkerhetsstudie om barn i migrationsprocessen
The current thesis is on the rule of law and how the principles of the rule of law are met in thenew Swedish migration process. The migration process has been subjected to criticism duringseveral years and on different occasions. The migrations process is viewed through a ?rightsof the child? perspective, foremost to seek if the rights of the child are met. The children are avulnerable group, not the least in the process of migration.
Implementeringsproblematiken inom mänskliga rättigheter - en fallstudie baserat på implementeringsforskning med utgångspunkt i artikel 16.2 i CEDAW och hur denna implementeras i Gambia - Implementation issues within Human Rights - a case study based on im
Implementationsproblematiken inom de mänskliga rättigheterna är en pågående diskussion. Denna undersökning behandlar hur artikel 16.2 implementerats i Gambia och vad det kan finnas för svårigheter i implementeringen av en artikel som behandlar barnäktenskap. Genom fallstudien som metod och implementeringsforskning, Susan Möller Okin samt Sheyla Benhabibs teori gällande grupprättigheter kontra kvinnors rättigheter på individnivå undersöks hur artikel 16.2 i CEDAW implementerats i Gambia. Artikel 16.2, vilken beskriver barnets trolovning och äktenskap, dekonstrueras och utifrån det diskuteras innebörden i artikeln vilket senare jämförs med Gambias nationella lagstiftning. Undersökningen består av att se hur artikel 16.2 implementerats i Gambia
och vad det kan finnas för svårigheter i implementeringen av en artikel som behandlar
barnäktenskap.
Bistånd och Relationer
The members of the OECD have agreed on giving aid assistance to developingcountries in a way of promoting their own capacity of handling the challengeof poverty and development. The members also cooperate and coordinate theiraid to recipient countries in the purpose of giving as effective assistance aspossible. The aid from these countries is often intended to human rights,democracy and has a humanitarian idea. This is the way from the OECDcountries. The Chinese way of giving aid mostly aimed at the industry of therecipient to promote the economic growth to lift the country out of poverty.The Chinese way do not aim or intend their aid at promoting human rights ordemocracy, often just industry and infrastructure.
Kvinnors roller i det vikingatida samhället : Spår av kvinnor i text och ting
This paper deals with rights of women and their social role during the Viking Age. The method is to compare things and written material.In the written material, three cases of rape have been identified. How each of these cases where looked upon differs; legally the punishment for rape was exile. Violence against wives implied their right to divorce, whereby they were entitled to take with them a great part of the family´s capital, namely their dowry and morning gift.A husband and wife did not inherit each other but a widow could inherit from her children if they died without offspring.Women buried in boat graves indicate that they had a function or were closely involved in the cult. From two graves, the Aska Grave and the Oseberg Grave, the findings can be interpreted as indicating a change in the social behaviour.
Jämställdhets- och föräldraledighetsregler : -regelverkens samverkande effekt för ett jämställt arbetsliv
The legal right to take time off from work to care for one`s children has been regulated in Swedish law since late 1930. This right was limited to mothers and was provided under restricted forms. There was a long qualification period and the length of parental leave was limited.Since then, the right to parental leave has been extended through several modifications of the law. The question of equality in both the labour market and the private sector has been one of the greatest forces behind these changes. By including men in the right to take parental leave, the work place has become more equal and it is now considered a natural part of the employee?s life to request time off to care for children.Labour Arbitration Court has shown through its case law that equality in the work place is of the utmost importance and has shown its support in this matter through its judgements.