Browsing by Subject "human rights law"

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    Is the asylum partnership between the UK and Rwanda compliant with international refugee and human rights law, specifically the principle of non-refoulement, the principle of non-penalization of irregular entry by refugees, and other refugee and human rights?
    (2024) Dinsel, Ann-Kristin Marie; Khan, Fatima
    The number of people forcibly displaced worldwide is at an all-time high and will continue to rise in the foreseeable future. The United Kingdom (UK) has been striving to deter asylum seekers from coming to its territory. An example of this is the asylum partnership between the UK and Rwanda, signed in April 2022. Under this agreement, asylum seekers are forcibly relocated from the UK to Rwanda for the processing of their asylum claim without any possibility of returning to the UK. This agreement supposedly aims at responsibility-sharing and the promotion of better protection of asylum seekers. However, the UK has extensive resources and highly developed capabilities for processing asylum claims, whereas Rwanda struggles to meet the basic needs of its own population, and its asylum system is still developing. Therefore, this thesis sets out to investigate the compliance of the asylum partnership with international law. As many legal questions arise in this context, this thesis can only focus on some of them. Through an assessment of the applicable laws, both internationally and regionally, as well as by examining secondary sources, three main violations of international refugee and human rights law are identified, namely violations of the principle of nonrefoulement, the prohibition of the non-penalization of illegal entry by refugees, and other refugee and human rights obligations of the UK towards asylum seekers
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    'The Protected Disclosures Act 2000: limitation on the defamation law in South Africa'
    (2008) Liwanga, Roger-Claude; Calland, Richard
    Freedom of expression is constitutionally protected by the 1996 Constitution of South Africa. The constitution makes special provision to include freedom of the press and other media, freedom to receive or impart information or ideas, freedom of artistic creativity, academic freedom and freedom of scientific research. [FN11 However, the scope of freedom of expression does not cover the propaganda for war, incitement of imminent violence and advocacy of hatred based on race, ethnicity, gender or religion. [FN21 While freedom of expression constitutional protected, it is not the paramount value. It is limited as well by section 36 of Constitution, with the possibility of one being charged with defamation. Defamation is a public communication that tends to injure the reputation of another. [FN31 It includes both libel (written defamatory statement) and slander (oral ones). [FN41 Most jurisdictions, including South African, allow legal actions, civil and/or criminal against the defamatory statement. In the Court, therefore, in order to be found innocent, the defendant has to establish the "truth" of his/her statement. Failing to do so implies his/her liability and/or guilt.