Browsing by Subject "Public Law"

Now showing 1 - 20 of 118
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    A critical analysis of the Delay Rule in South African Administrative Law post State Information Technology Agency Soc Limited v Gijima Holdings (PTY) Limited
    (2022) Basini-Gxokonyeka, Nosicelo Natasha; Ally, Nurina
    The State Information Technology Agency's (SOC) Limited v Gijima Holdings (Pty) Ltd was seminal in establishing that the Promotion of Administrative Justice Act, 2000 is not available to an organ of state wishing to set aside its own decision while acting in its own interest. The case is also significant for the impact it has had on the delay rule. This paper identifies a problem presented by what will be referred to as the Gijima principle. The principle suggests that a court may be required to declare a decision unconstitutional in accordance with section 172(1)(a) of the Constitution even if there is no basis for overlooking the unreasonableness of the delay. This paper considers the impact of the Gijima judgement on the delay rule and the continued relevance of the delay rule in administrative law post- Gijima. It will be argued that there are three major challenges this principle poses to the rule of law namely, it promotes arbitrary and opportunistic self-serving reviews by state officials. Secondly, it indirectly promotes disregard of public procurement laws by making it easy for organs of state to undo their decisions. Lastly, it undermines the finality and certainty of decisions, which have the potential to deter prospective suppliers from contracting with the state. This paper critically assesses trends emerging from lower courts in response to the Gijima principle and provides recommendations as to how some of the issues raised by the judgment's approach may be rectified. Overall, I argue that the Gijima principle effectively eradicates the delay rule and that there is a need for continued relevance of the rule in administrative law. The Constitutional Court needs to strike a balance between preserving the delay rule on the one hand and exercising its prerogative to develop the common law on the other.
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    A critical re-appraisal of vernacularisation in the emergence and conceptualisation of community bylaws on child marriage and other harmful practices in rural Malawi
    (University of Cape Town, 2020) Kachika, Tinyade; Chirwa Danwood; Smythe, Dee
    The thesis addresses the question: how have international human rights norms for protecting women and girls from harmful practices influenced and shaped the emergence and conceptualisation of community bylaws for addressing child marriage and other harmful practices affecting women in rural Malawi? 'Community bylaws' is a label for Chief-led community 'rules' aimed at combating harmful practices, which mostly affect women and girls. This thesis contributes to the theoretical discourse on norm diffusion by critically assessing and appraising the way in which scholars have conceptualised how international human rights norms are internalised, and, particularly, how vernacularisation operates, through a case study of the community bylaws. Drawing from qualitative empirical data following a study conducted in four districts covering the three regions of Malawi, the study focused on the territories of four Senior Chiefs. Data was gathered through semi-structured interviews with Senior Chiefs and government officials, NGOs, and donors; and through focus group discussions with Group Village Heads, Village Heads, groups that formulated or monitor the implementation of community bylaws, and women living under these bylaws. The thesis shows that while scholars have sought to explain how international human rights norms are appropriated in local communities using the concept of vernacularisation, existing conceptualisations do not adequately represent what is happening with the community bylaws phenomenon. Vernacularisation is a unicameral concept that sees human rights ideas and programmes as being purposefully introduced in local communities by epistemic outsiders. Based on empirical data, this thesis argues that the concept of 'horizontal vernacularisation' better describes the processes occurring in respect of community bylaws in Malawi. This concept has regard to vernacularisation as a bicameral act, whereby the local can also trigger vernacularisation, whether knowingly or not. Thus, horizontal vernacularisation acknowledges that human rights appropriation and translation through community bylaws unfolds within a predominantly local-local dialogue, and is not usually structured, since the bylaws sprout in a continuum of intuitive, interlocking, convoluted, and iterative processes. As such, this thesis contributes to a deeper understanding of community bylaws in rural and cultural settings, and their role in reconceptualising the internalisation of international human rights norms for protecting women and girls from harmful practices.
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    A look at victim experiences of cybercrime in South Africa and whether the current legislative framework is equipped to deal with this issue
    (2024) Smit, Savannah Tuscany; Moult, Kelley
    Cybercrime has become extremely prevalent in society. It is an indiscriminate form of crime that permeates all levels of society. This is especially true after the COVID-19 pandemic which resulted in individuals becoming increasingly reliant on technology for everyday tasks such as working, shopping and connecting with their loved ones. Cybercriminals have taken advantage of the increased use and reliance on technology and have targeted individuals via various online platforms. Based on data collected through an anonymous online survey, this research examines victims' experiences of cybercrime and the response to this crime, including whether participants were aware of the legal remedies available to them and how to report that they had been a victim of cybercrime. The data shows that victims are reluctant to approach the authorities to report cybercrime as they are uncertain who to report to. Those that experienced financial crime approached their bank but others, who experienced other forms of cybercrime, were afraid that they would not be taken seriously by the authorities. Furthermore, it became evident that participants were not aware that South Africa has legislation, namely the Cybercrimes Act 19 of 2020, in place to provide for the prosecution of cybercrime. Where participants were aware of the legislation, it was predominantly as a result of being informed about it at their educational institutions. The study concludes that cybervictims have a lack of confidence in the authorities ability to deal with cybercrimes and do not feel the current legislative framework in place in South Africa is sufficient to address the issue of cybercrime.
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    A new sphere of vigilantism in South Africa in the age of social media? Operation Wanya Tsotsi- an analysis of prospects for collaboration with the Police
    (2021) Kral, Svenja Julie; Phelps, Kelly
    There are many studies in South Africa that have analysed the definition of vigilantism with a focus on the historical background of the apartheid era. However, research in the field of vigilantism in South Africa has been lacking since the advent of the internet, even though social media has spawned a new form of vigilantism – online shaming. Considering that online public shaming has become prevalent both globally and locally, the focus of this dissertation is the public exposure of people alleged to have committed crimes. The paper shows that small changes to the method of public shaming could enable collaboration with the police. To illustrate this argument the example of Operation Wanya Tsotsi, an online vigilante group, is used. By examining their Facebook page in light of current criminal law remedies, this paper establishes the extent to which their method is problematic and illegal. In addition, it gives an example of what successful collaboration with the police could look like and underlines the advantages and disadvantages of such collaboration. Ultimately, it concludes that Operation Wanya Tsotsi should focus on legal online work to support the police in the fight against crime.
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    A pot of gold at the end of the rainbow: Subsistence cannabis cultivation in the changing legislative context in South Africa
    (2021) Fortune, Kelly; Howell, Simon; Hübschle, Annette
    Cannabis cultivation is documented as a long-standing practice in Africa and Southern Africa specifically (Paterson 2009, Crampton 2015, Duvall 2019, Khan 2015, United Nations Office on Drugs and Crime 2019). The growing of cannabis is concentrated in three African regions; Pondoland in South Africa, the Mokhotlong district in Lesotho and the Hhohho district in Swaziland, with the majority of farmers growing the crop for subsistence (Crampton 2015:57). Cannabis thus holds significant value in supplementing incomes and sustaining livelihoods, especially of cultivators. Considering their geographic and economic positions, the contribution of cannabis to the livelihoods of those who live in the poorest parts of the country is great, yet has been largely ignored (Kepe 2003:605) despite the changing legislative context of cannabis law in South Africa. Moreover, as changes to the legislative framework emerge and the cannabis legalisation debate deepens, one is challenged in locating the voices of the rural farmers who have cultivated cannabis for generations. As an important source of information, they appear to be left out. What are their views? Are they for or against legalisation and why? What are the perceived impacts of legalisation on their continued production of cannabis? In an attempt to garner and understand their views, needs and concerns, this thesis aims to showcase these, and further open up a small window of opportunity to relay the voices of the seemingly voiceless. It emphasises that, without their voices, a nuanced legalisation debate and support for a holistic, progressive, informed, sustainable legislative framework will be tainted.
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    Access to justice by refugees and asylum seekers in South Africa
    (2011) Okpechi, Abiola; Chirwa, Danwood Mzikenge; Burman, S
    Premised on the fact that access to justice is essential, if rights are to be actually enjoyed, this thesis set out to examine the extent to which refugees and asylum seekers are able to access justice in South Africa, both for the enforcement of their rights and to settle disputes or other interests at law. In doing this, the thesis examines the obligations that South Africa owes to refugees and asylum seekers on access to justice, and how it gives effect to those obligations.
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    Addressing Sexual Offences in South Africa: Moving Past Rhetoric and Empty Gestures
    (2021) Stander, Abigail; Phelps, Kelly
    There is a plague of sexual violence in South Africa. As a country dedicated to the rights to life, dignity, bodily integrity, privacy and the right to be free from all forms of violence, it is the government's duty to adequately address the rate of sexual offences in the country. The government has not been silent on this issue, but its response beyond issuing strong statements accompanied by long sentences for the few offenders convicted, is lacking. Some important legislative changes have been brought about in the SORMA but without widespread change of social attitudes these improvements are going to have very limited impact. This paper explores why South Africa's current approach towards sexual offences is inadequate and how it should be improved. The first section lays out the background and development of South Africa's sexual offence laws (and laws relating thereto). The myths and stereotypes about sexual offences and their victims that prevailed in our legal system for decades, still persist in the minds of many police and judicial officers today. This has negatively affected how sexual offences are policed in the country. It begs the question of whether victims should be afforded specific rights in sexual offence cases. This section also discusses how mandatory minimum sentences came about as a response to rising crime rates. While the changes to the law have been praised for being more progressive for victims of sexual offences, its actual impact will remain insignificant until procedures for obtaining justice for victims are improved. The next section critiques the current legal framework relating to sexual offences, namely, the SORMA and the Criminal Law Amendment Act 105 of 1997. Legislative changes such as the new definition of rape and the formal acknowledgment of sexual offences courts are promising. However, the establishment of the National Register for Sexual Offenders and the mandatory minimum sentences for rape were poorly researched solutions. This paper argues that since SORMA's approach has not improved the experience of victims in the past 13 years, either duties for police officers in sexual offence cases should be legislated or victims should be afforded specific procedural rights. The final section of this paper discusses feasible options for South Africa to address sexual offences. The first is in the form of structured sentencing guidelines to steer the discretion given to judges in handing down sentences. The second is in the form of prevention strategies. This paper highlights how important it is for the government to start to implement policies that will address the societal norms that allow sexual violence to flourish. The government's only solution cannot be to keep clutching at popular mandatory sentencing. They owe it to the citizens of South Africa to commit to long-term social change initiatives.
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    Agriculture, modern biotechnology and the law: An examination of the property paradigm in the context of plant genetic resources
    (2010) Collier, Debbie; Glazewski, Jan
    Commercial interest and technological advancements (such as modern biotechnology) in plant research have led to the affirmation of sovereign and proprietary rights over plant genetic resources (PGRs). The result is an increasingly complex national regulatory system for rights in PGRs, shaped by a dense web of international law instruments regulating trade, intellectual property, food and agriculture, environmental, and human rights law. The narrative of the international trade and intellectual property instruments, buttressed by the liberal rhetoric of property, is one of long-term, sustainable, economic and social development, although the strength of this argument is increasingly challenged. This thesis adds to the body of critical literature by exploring the socio-economic impact of the current regulatory regime on a vulnerable farming community growing genetically modified cotton in KwaZulu Natal, South Africa. The thesis questions whether greater limitations on proprietary rights in modern biotechnology would improve matters. The outcome of the study (completed in 2009) of these vulnerable cotton farmers implicates the IP-protected technology in the destruction of many livelihoods and in the stifling of technology transfer to aid local innovation. The thesis acknowledges the negative role played by other external factors, such as low rain fall, but suggests that some seemingly external factors, such as poor agricultural policy, and falling world prices for cotton, are consequences of the prevailing regime. The thesis proposes that this regime overly prioritises private rights at too high a social cost. In order to rein in these rights the thesis argues, through the lens of the South African Constitution, for law and policy reform. On a theoretical level, the property concept, including the notion of excludability, the idea of common and public property, sovereign rights, and the public trust doctrine are explored as mechanisms within the property paradigm to aid the case for limiting proprietary rights.
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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
    (2018) Mavedzenge, Justice Alfred; de Vos, Pierre; Corder, Hugh
    The Constitution of Zimbabwe of 2013 does not expressly guarantee every person a right to have access to adequate housing. However, the Government of Zimbabwe has an international legal obligation to achieve the progressive realisation of the right to have access to adequate housing by everyone in the country. This obligation is derived from art 11 (1) of the International Covenant 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 as a constitutional obligation. The absence of a specific constitutional right, guaranteed for everyone to have access to adequate housing, thus raises the concern that the government may not be held accountable, in the domestic courts, to comply with its international legal obligation to ensure that everyone enjoys access to adequate housing. There is a national housing crisis in Zimbabwe that is characterised by an acute shortage of adequate housing, mass forced evictions and unfair discrimination in the allocation of housing facilities by government. There is therefore an existing need to compel government to comply with and fulfil its international legal obligations relating to the right of every person to have access to adequate housing. In the absence of an explicit constitutional guarantee of such a right, it is necessary to find alternative constitutional rights which citizens and individuals in Zimbabwe can rely on to compel Government to comply with and fulfil its international legal obligations that arise from art 11 (1) of the ICESCR. The Constitution of Zimbabwe expressly guarantees for everyone the following rights; the fundamental freedom from arbitrary evictions, the right to life, the right to equality and the children’s right to shelter. The scope of each of these rights can be interpreted broadly to include some of the duties that ordinarily arise from the right to have access to adequate housing. Therefore, these rights can be applied together to enforce the international legal duty of the state to ensure the progressive realisation of the right to have access to adequate housing by everyone in Zimbabwe.
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    An analysis of litigation strategies for the attainment of water justice in South Africa
    (2018) Mapitsa, Cosmo Pahlahle; Feris, Loretta
    Jurisprudence on water justice is fractured, and this dissertation explores a range of causal factors for the way it has developed. Firstly, water justice is defined as a concept, and it is argued that the concept remains weakly theorised, with discussion on the reasons some components are better reflected in law than others. Then, the process of litigation as a means of obtaining water justice is explained within the context of other strategies for seeking justice. Finally, the development of jurisprudence is analysed using the components of water justice outlined in the study. The research found that some components of water justice are more prominent in jurisprudence than others. Interviews with litigators explained a range of causal reasons for this, including a need for communities to have access to water in a timely manner, and a need by courts to have cases that are clear; based on sound and available evidence. Building jurisprudence requires incremental change, and litigators face a variety of priorities informing their strategies. Furthermore, while litigation plays an important role in attaining water justice, it is most effective in combination with other approaches. This study asserts that there is significant scope for a diversity of interested parties to collaborate and build integrated approaches to attaining water justice.
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    An evaluation of the effectiveness of the family violence interdict
    (1997) Barnes, Heidi; Murray, C
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    Anatomy of the impact of the death penalty on individual human rights
    (1995) Rammutla, Hans Dimpanyana; Maluwa, Tiya
    The death penalty or 'permanent removal of an individual from society by the authorities, or to put it even more bluntly, the killing of an individual by the state authoritities has been in existence and has bedevilled legal systems all over the world from time immemorial. Sadly, in many countries, this is still the position. Arguments in favour and against the death penalty continue to fill volumes of different kinds of literature. Many disciplines have had the opportunity to examine the death penalty from their own perspectives.
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    Any place for Lome trade provisions under the WTO? : Towards the Lome V
    (2000) Aloo, Leonard Obura; Devine, Derry
    The WTO and its forerunner GATT are products of immediate post World War II diplomacy brought about by the demand for the economic reconstruction of war-torn Western Europe. Protectionist attitudes of nations during the pre-war era and other economic misjudgments were partly blamed for the outbreak pf the war. The emergent system was therefore one dominated by liberal economic thought. The system essentially prohibits the use of restrictions on imports other than tariffs, and then provides for negotiation of reduced tariff levels. Central to this system is the principle of "nondiscrimination" embodied in the twin tenets of the "most-favoured-nation"(l1FN) and "national treatment" principles.
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    The application and reconstruction of international law by domestic courts : an analytical framework for the judicial mediation of a cosmopolitan and emancipatory international law
    (2013) Lewis, Lizani; Bennett, Thomas; Corder, Hugh; De Vos, Pierre
    The end-goal of this study is to promote a bottom up reconstruction of international law. This implies, first, that reconstruction is necessary, and, second, that such reconstruction has substantive merit. As humanity heads into the future in 'Lifeboat Earth', a number of global storms are brewing, ranging from catastrophic environmental degradation to an economic meltdown and political instability, accompanied by grave human suffering – all of which can be addressed only through ecumenical cooperation at a global level. This, in turn, presupposes a global system of regulation. Thus far, the only regime available has been international law. Hence, it is imperative that it is (or becomes) justifiable, persuasive and relevant for all its participants and recipients. The study construes this to mean that international law must be cosmopolitan, that is, globally relevant and counter-hegemonic, and thereby emancipatory, which signifies a normative order wherein human potential can flourish.
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    Application of the international prohibition on child labour in an African context : Lesotho, Zimbabwe and South Africa
    (2008) Nhenga, Tendai Charity; Bennett, Thomas W
    The international community's overwhelming support for the United Nations Convention on the Rights of the Child of 1990 and the International Labour Organisation's Convention concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour of 1999, implies a high degree of international concern for the welfare of the child. This backing is based on an assumption that the institutionalisation of children's rights and the abolition of child labour at a global level will result in the improvement of the lives of all children. Despite this display of concern, there are considerable differences between the North and the South on the child rearing methods and attitudes towards the work of children. With this in mind, can a world that is so diverse socially and culturally effectively implement the international law on child labour? This research therefore set out to examine the efficacy and appropriateness of the universal standards on child labour in the context of the indigenous societies of Lesotho, Zimbabwe and South Africa.
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    Attorneys and Accountants in a changung environment in South Africa: The case for multidisciplinary practice.
    (1986) Cheze, M A C
    Thirty years ago, an individual faced with a particularly complex tax problem would have turned to his lawyer. Ten years ago, he would have turned to his accountant. Today, he may even turn to his bank manager~ In 1986, we see lawyers and accountants competing with the merchant banks, the trust companies, insurance companies and other financial institutions, not only in the tax areas but many others as well. These two disciplines, for so long accorded the dignity and status of professionals, today see their traditional domains being increasingly eroded. Accountants, themselves threatened by the financial institutions, are threatening the lawyers. The lawyers find themselves attacked on all fronts. Can these two professions continue to regard themselves as a "calling", or should they be adopting the stance of aggressive businessmen responding to negative environmental stimuli? In this report we highlight the threats facing the two professions: competition [primarily], inflation, technology, changing client attitudes and survival in a weakened South African economy. These threats, coupled to the extortionate cost of litigation and the "brain drain", are presented as arguments in favour of the professions being forced to consider what strategic response to adopt. We also examine the distinct threats faced by the professions due to their lack of marketing. Having interviewed various practitioners to obtain their viewpoints, we look at various strategic options open to the professions. The areas of synergy are critically appraised, and then we examine the theoretical as well as practical advantages and disadvantages of mergers and acquisitions. The theory applicable to mergers and acquisitions is shown to be particularly V ...... ,., apposite to the association of accountants and lawyers in a Multidisciplinary Practice. Various trends are also highlighted in the report. The most important of these is the phenomenal growth in size and scope of services of the accounting firms, and the trend worldwide towards closer association of the two professions. The threats outlined above are also presented as a trend. We show how the accountants have responded, to a limited extent, to market forces by setting up service companies, but the laW¥ers, even though under greater threat than the accountants, are shown to have been very slow in their response. In this respect the differing approaches to the needs of the marketplace by the two professions are highlighted. Having highlighted the areas of synergy, the strategic advantages and disadvantages of associating, and the viewpoints of the various practitioners, we conclude that the best response to the threats facing the two professions is to form a united front: a Multidisciplinary Practice. By Multidisciplinary Practice we mean the creation of a third entity, in the, form of a limited liability company, by a law firm and accounting firm. This multidisciplinary practice will thus consist·of practitioners of each discipline and will, through its linkage to the two firms, be accorded professional status. It will be bound by the Codes of Conduct of the professions. These Codes of Conduct however, are shown to have a distinct negative impact on the professions. They curtail the professions' activities in the marketplace, eg they are unable to advertise their services. We therefore conclude that these constraints have to be lifted to allow the vi multidisciplinary practice to compete on an equal footing with the financial institutions. The constraints are shown, in many respects, to be outmoded today. The underlying principles of the constraints are presented as being virtually identical in both professions, although lawyers are limited to a greater degree than accountants. In the final analysis then: the report highlights the historical trends of lawyers and accountants, and the inroads on their scope of services made by various institutions. Various strategic options are examined, and we conclude that the synergistic benefits and advantages to be gained by a Multidisciplinary Practice outweigh the problems and disadvantages of association. A Multidisciplinary Practice is thus presented as a viable and desirable entity in the South African marketplace.
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    Balancing child participation rights, parental responsibility and state intervention in medical and reproductive decision-making under South African law
    (2014) Moyo, Admark; Chirwa, Danwood Mzikenge
    Throughout history, the boundaries between children’s rights, parental responsibility and state intervention have been regularly redrawn. At the heart of this process is the need to recognise the separate personhood of the child and the important role played by parental guidance in the proper upbringing of children. While participation rights spring from the child’s autonomy-related claims, parental guidance and state intervention arise from the child’s need for protection, at least until the child either reaches the age of consent or attains majority status. Thus, children are now seen as holders of autonomy rights who should nonetheless be protected, by parents and the state, from personal decisions that threaten other important interests. At the international level, the separate personhood of the child has been legally reinforced by the adoption of the Convention on the Rights of the Child. This instrument entrenches non-discrimination, child participation rights, the best interests of the child and the right to life, survival and development as general principles of children’s rights. These principles have been largely domesticated in South African law and play an important role in determining how much autonomy and protection should be given to children. This study relies upon primary and secondary legal materials to explain whether international and domestic law strike an appropriate balance between children’s autonomy, parental responsibility and state intervention in decision-making.
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    Bioethics and human rights in international law: genetic engineering, euthanasia and/or physician assisted suicide
    (2022) de Oliveira, Carina Teresa; Barratt, Amanda
    Medical advancements and improved scientific knowledge has introduced various benefits to society, while also creating contentious debates and issues concerning the impacts these medical advancements and/or procedures have had on human rights. In particular, the impact on human rights that medical and scientific advancements have arisen in regards to specific forms of genetic engineering, euthanasia and physician-assisted suicide. This dissertation is aimed at specifically focusing on the dichotomy of ideologies and legislation concerning the rights to human dignity and privacy in relation to the medical advancements involving genetic engineering, euthanasia and physician-assisted suicide. Genetic engineering is broadly considered to be an umbrella term that comprises various medical technologies, including preimplantation and prenatal genetic testing and selection, as well as genetic editing. Preimplantation and prenatal genetic testing enables the detection of a disease or defective condition of an embryo or foetus, while genetic editing enables the alteration of an embryo or foetuses genes to remove mutations or defective conditions to improve the overall living condition of the embryo when it is born. These different practices within the broad realm of genetic engineering use medical technologies to essentially “pick and choose” what physical and medical traits an individual should bear, in an attempt to avoid offspring with serious illnesses or unwanted conditions that could potentially cause the individual a lifetime of suffering. Although it is important to note that genetic engineering has also confronted a plethora of ethical and legal objections, a specific form of medical technology within the broad framework of genetic engineering, specifically preimplantation and prenatal genetic testing, is still generally more accepted on a global scale, both by society and by legislatures, than the practices of genetic editing or euthanasia and/or physician-assisted suicide, which aims to restore an individual's human dignity, privacy and autonomy by assisting these individuals suffering from severe illnesses or defective conditions to peacefully conclude their undignified lives. Euthanasia and/or physician assisted suicide, essentially involves an individual or medical practitioner administering a lethal agent to a patient in order to relieve them of their severe and chronic suffering. This dissertation intends to analyse the bioethics and international law concerning the dichotomy present between the application of preimplantation and prenatal genetic testing utilized in the selection process of a life to attempt to ensure an individual without illnesses, with the more dominant prohibition on euthanasia and/or physician assisted suicide to terminate the life of a human being suffering with those very same traits, conditions and/or illnesses that preimplantation and prenatal genetic testing intends to detect and then allow an individual to either terminate the embryo or foetus, or not. This bioethical debate seems to be increasingly contradictory, whereby preimplantation and prenatal genetic testing, although still facing criticism by some states, is being introduced and accepted far more commonly across the globe, while the option of an individual having the freedom of autonomy to make an informed decision to bring an end to their suffering through euthanasia and/or physician assisted suicide, is largely rejected. This dissertation essentially explores the irony present in bioethics in the manner in which there exists far greater societal and legislative support for preimplantation and prenatal genetic testing and selection to effectively allow the avoidance of chronic suffering, than there is for the protection of the human dignity and autonomy of individuals by terminating the severe chronic suffering caused by these very same conditions that the former medical interventions intend to eradicate.
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    Breaking the Glass Ceiling: Germany and its obligation to equal leadership representation under CEDAW
    (2024) Hagedorn, Katharina; Lutchman, Salona
    CEDAW guarantees equal rights for men and women. Its member states are obliged to implement those rights through policies and legislation, to enact the overall goal of social and structural change. CEDAW and its Committee have not made clear whether that includes a right to equal representation of women in senior and leadership positions. According to the World Economic Forum's Global Gender Gap Report, Germany is one of the leading countries in providing women with equal rights. However, they trail behind other European countries in their efforts of achieving equal representation in senior and leadership positions. My research therefore consists of two main questions: does CEDAW include a right to equal leadership representation? If so, is Germany fulfilling that obligation? The answer to those questions will provide a base for further research in that area. The identified shortcomings will be helpful in holding Germany's government accountable for its obligations under CEDAW as well as revealing areas of improvement. This research takes a legal approach, rather than an economic or sociological approach and uses desktop and literature research. I considered the principles of equality and the specific provisions within CEDAW to conclude that it does contain a right to equal leadership representation. Equally, I studied the legislation in Germany regarding women's quotas for management positions in Germany's biggest companies (First and Second Management Positions Act). I conclude that the Leadership Positions Act, being classified as a temporary special measure under CEDAW, is currently sufficient to fulfil the obligation to equal leadership representation. However, there is a need for constant re-evaluation and I recommend increasing the women's quota included in the Act from 30 Per cent to 40 Per cent.