Global ETD Search
Search theses and dissertations gathered from participating repositories worldwide. Every result links back to the library that holds it. No account is needed.
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Showing 1 to 20 of 79 for “"Criminalisation"”.
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Lwandle : criminalisation of a community
This work tells the history of the current crisis facing the community of Lwandle, "the hostel by the sea" near Strand and Somerset West in the Western Cape. Despite all the media propaganda about consultation with "recognised and moderate leaders", despite government promises that legislation …
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La criminalisation de l'inceste: Justifiable ou non?
Abstract Not Available.
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The Criminalisation of Asylum Seekers: Arbitrary Detention in South Africa
… The goal of this research is to analyse the criminalisation of asylum seekers through arbitrary detention in South Africa. This is done through an analysis of the roles the Refugee Act and the Immigration Act play in the asylum process. In understanding the nexus between arbitrary detention …
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The criminalisation of cartel conduct in South Africa and the United Kingdom
Preventing cartels from forming or detecting and punishing existing cartels should therefore be an important task in every country. This paper shows how South Africa and the United Kingdom deal with this task by introducing criminal sanctions into their competition law for individuals engaging in …
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Culture, crystallisation and courtrooms: the legal challenges presented by the criminalisation of child soldier recruitment
The text of the Rome Statute leaves many key elements of the crime of child soldier recruitment to judicial interpretation, and this thesis asks how the international legal institutions - namely the Special Court for Sierra Leone and the International Criminal Court - have handled the challenges …
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Punishing the homeless: The constitutionality of the criminalisation of homelessness in the City of Cape Town
This research is a doctrinal study into Section 2(2), read with section 23, of the City of Cape Town's Streets Public Places and the Prevention of Nuisances By-law of 2007 and whether it violates the right to human dignity entrenched in section 10 of the Constitution. The provision prohibits …
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The Impact of Criminalisation on Female Genital Mutilation in England: From the Perspective of Women and Stakeholders
… towards the law. Examining FGM in the context of criminalisation from two different perspectives highlights the core barriers to the enforcement of law.
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Punishing the poor again?: irregularity, the 'criminalisation of migration' and precarious labour markets in the UK and Germany
The increasingly punitive nature of immigration control across the Western world and the overrepresentation of foreign nationals in European prisons has revitalised criminological interest in issues of migration. Alessandro De Giorgi (2010: 153) and others contend that restrictive, 'illegalising' …
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Virtual child pornography – policing fantasy? A critical evaluation of the justifications for the criminalisation of virtual child pornography (VCP)
… critical evaluation of the justifications for criminalisation consider the philosophical and moral arguments for criminalisation as well as the views expressed by those who responded to the government consultation, data obtained using a Freedom of Information Act request and also through data …
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The criminalisation of cartels in South Africa, United States and Australia and the effects of the Corporate Leniency Policy
With the recent changes to the Competition Act1 , specifically with the inclusion of Section 73A2 which came into effect on the 1 May 2017 the amendment now makes provision for cartelists to face criminal charges for infringing Section 43 of the Act. Section 44 disallows firms from engaging cartel …
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Regulating online hate speech and harmful content in Aotearoa New Zealand - beyond criminalisation and towards a statutory duty of care
This thesis examines how New Zealand regulates online hate speech and harmful content, and evaluates whether current law provides effective protection in the digital environment. The study considers how social-media platforms shape the spread of harmful expression and assesses whether New Zealand’s …
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Navigating the criminalisation-decriminalisation dilemma in sex work: an analysis of its affects on human rights and proposals for their safeguard
… significant human rights distinctions between criminalisation, which has the aim of entirely abolishing sex work, and decriminalisation, which seeks to fully realise the human rights of sex workers. Criminalisation falls significantly short of addressing these human rights concerns, whereas …
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Has criminalisation of the master subverted the aim of International Pollution Instruments to impose uniformity on the consequences of ship-source pollution?
Ship's Masters frequently face criminalisation after a maritime accident. Even though international pollution instruments are unambiguous regarding the consequences of shipsource pollution, states often penalise the Master in a manner that is not consistent with their treaty obligations. It brings …
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The Criminalisation of Adverse Medical Events in Criminal Negligence Cases: Exploring Fate, Agency, and Pragmatism in the Construction of Blame for Alleged Physician Negligence
The criminal law has been critiqued as an unsuitable system to regulate adverse medical events (AME) because the unintentional nature of AME renders it incompatible with the penal objectives of the criminal law. This project uses an interpretivist approach to examine how blameworthiness is …
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Brothers in law and arms: a critical analysis of the legal framework for criminalisation, enforcement, and cooperation for combatting terrorism in the Lake Chad basin.
… three facets of the action against terrorism: criminalisation, enforcement, and cooperation. It is demonstrated that the domestic laws of the states criminalising acts of terrorism in the Lake Chad Basin require a degree of amendment to cover the acts of terrorism as the subject of the germane …
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A critical analysis of the Discrimintaion of the Wilfulltransmission of HIV/Aids in Zambia
… disease. One of the mechanisms adopted is the criminalisation of the wilful transmission of HIV/AIDS. Basically, criminalisation of the wilful transmission of HIV/AIDS involves a process by which the government, through the Legislature and the Judiciary, impose criminal sanctions on persons who …
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Drafting sex workers' human rights: using decriminalisation to combat gender-based violence faced by sex workers
… responses to sex work, namely legalisation, criminalisation, or decriminalisation, have become an increasingly discussed topic across the world due to a heightened understanding of the complex challenges sex workers face. While it is currently illegal to buy or sell sex in South Africa, if …
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The socio-legal significance of decriminalising sex work in South Africa
… the following research question: How would the decriminalisation of sex work model align with the South African human rights framework? The dissertation recommends the decriminalisation model of law reform, as it will fulfil public health goals and respect human rights. The study highlights the …
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Sexual minority rights in Cameroon
The objective of this study is to explore the criminalisation of persons based on sexual orientation in Cameroon in light of that country’s international human rights obligation. The study examines the constitution and laws of Cameroon as applicable to sexual minorities. It aims to discuss recent …
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