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 14 of 14 for “"ICESCR."”.
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An evaluation of whether South Africa fulfils the requirements of the International Covenant on Economic, Social and Cultural Rights: To what extent is South Africa obliged to realise the right to basic education, and to what extent is South Africa meeting those obligations?
… on Economic, Social and Cultural Rights (ICESCR). To what extent South Africa is bound by this treaty and whether it is fulfilling its obligations are the central questions of the thesis. To provide answers to these questions, the situation in South Africa regarding the various aspects of …
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The potential impact of the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights on the realisation of socio-economic rights in the international arena: what can be learnt from the justiciability of socio-economic rights in South Africa?
… Rights (the 'Optional Protocol' or the 'OP-ICESCR') has recently been adopted by the General Assembly of the United Nations. This document establishes a new complaints procedure for economic, social and cultural rights ('ESCR') within the United Nations human rights system. Hence, those …
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To sell or not to sell? An analysis of the Tafelberg sale in the light of the right to adequate housing in the International Covenant on Economic, Social and Cultural Rights
… on Economic, Social and Cultural Rights (‘ICESCR'). In order to make that assessment, the first part of the paper gives an overview of the content and interpretation of that right. The second part of the paper then focuses on the housing situation in Cape Town and on the Tafelberg case in …
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Economic, social and cultural rights : general obligations in the African Charter on Human and Peoples’ Rights
… on Economic, Social and Cultural Rights (ICESCR), the American Convention on Human Rights (American Convention), and the Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social and Cultural Rights (Protocol of San Salvador), and from the practice the …
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The battle for policy space : strategic advantages of a human rights approach in international intellectual property negotiations
… provides benchmarks to fulfil this function. ICESCR obligations are specific, objective, and measurable; they have international legitimacy; and they bind almost all states. I examine the Article 12 right to health to show that states violate the ICESCR if they ratify other treaties which …
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An analysis of how Zimbabwe’s international legal obligation to achieve the realisation of the right of access to adequate housing, can be enforced in domestic courts as a constitutional right, notwithstanding the absence of a specific constitutional right of every person to have access to adequate housing
… on Economic, Social and Cultural Rights (ICESCR). Zimbabwe is a dualist state and therefore, this obligation is not directly or automatically enforceable as municipal law in Zimbabwe. It can be enforced in domestic courts only if it has been enacted into legislation or if it is entrenched …
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Addressing Homelessness and Housing Crisis in Windsor-Essex County
… on Economic, Social, and Cultural Rights (ICESCR) in 1976 and assenting to the National Housing Strategy Act in 2019, Canada affirmed its commitment to the progressive realization of the right to housing as recognized under international human rights. Despite acknowledging the right to …
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The right to not be refused emergency medical treatment in South Africa
… of health as set out in article 12 of the ICESCR. Some states, including South Africa, have recognised emergency medical treatment as a right in its own respect. In South Africa, Section 27(3) of the Constitution provides that nobody may be refused emergency medical treatment. This thesis …
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Monitoring occupational and environmental health as part of the right to the highest attainable standard of health
… on Economic, Social and Cultural Rights (ICESCR) are obligated to implement the Right to Health (RtH); which includes improving environmental and industrial hygiene, prevention, treatment and control of epidemic and occupational disease etc. Research shows that Noncommunicable diseases …
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The reasonableness approach of the South African Constitutional Court - making the constitutional right of access to housing "real" or effectively meaningless?
… right to housing under Article 11 para 1 of the ICESCR, the reasonableness approach shifts the emphasis from the reasonableness of the solution to the reasonableness of the steps taken, moving away from a substantive right towards administrative oversight, which makes – so the assumption goes – …
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The implementation of the right to education in the Democratic Republic of the Congo and Nigeria
… has the right to education. But article 13 of ICESCR provides more detail, which encourages state parties to make primary education free and compulsory for all. In addition, secondary education shall be made generally available and accessible for all, while higher education shall be made …
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International human rights law and climate change: the case for a duty to mitigate climate change
… human rights under especially the ICCPR and the ICESCR, the question is discussed if a self-standing right to a healthy environment exists de lege lata. The thesis also briefly describes the issue of climate justice. On this basis, the centrepiece of the dissertation then discusses the resulting …
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THE CONSERVATION AND PROMOTION OF THE 'CULTURAL HERITAGE OF MANKIND': WHICH OBLIGATIONS UNDER INTERNATIONAL LAW?
… pursuant to art. 15 para. 1 lett. a) of the ICESCR and to the provisions of the Committee on Economic, Social and Cultural Rights (“CESCR”) General Comment No. 21. Furthermore, the question is approached in an intergenerational perspective: referring to the United Nations framework put in …
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Housing Rights Implications of Hosting the 2026 FIFA World Cup in Toronto and Vancouver: Towards a Legal Framework that Effectively Protects the Right to Adequate Housing in Canada
Féderation Internationale de Football Association (FIFA) organizes the greatest sporting event in the history of soccer – the FIFA World Cup (FWC). The 2026 FWC starts in June 2026, with Canada, Mexico, and the US as host nations. This thesis focuses on Canada to ascertain how the hosting of the …