Global Campus Europe (EMA) Awarded Theses
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Each year the EMA Council of Directors selects five theses, which stand out not only for their formal academic qualities but also for the originality of topic, innovative character of methodology and approach, potential usefulness in raising awareness about neglected issues, and capacity for contributing to the promotion of the values underlying human rights and democracy.
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ItemAre we protecting future generations’ right to food? : a study of intergenerational obligations(EIUC, 2014-10) de Man, Annelie ; Allain, JeanCurrently, enough food is produced across the world to keep up with demand. However, the production of food is dependent on the availability of certain natural resources. The aim of the thesis is to establish whether we are potentially violating the right of future generations to adequate food. There are, at present, various human practices which have destroyed the quality and availability of these resources. The thesis will examine the principle of intergenerational equity as well as the right to adequate food in order to identify any obligations on the present generation to protect the interest of future generations. It will be demonstrated that we owe an obligation towards future generations to use environmental resources in a sustainable manner. This will be followed by an examination of various unsustainable human practices that have led to the depletion and degradation of the resources which are essential for food production. It will be demonstrated that as a result of these practices we have violated our duties towards future generations thereby putting future food security at risk. The thesis will conclude with a discussion on optimising food energy efficiency and the role that science and technology and small-scale agriculture can play in fulfilling our duties towards future generations.
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ItemAt Risk of Falling through the Cracks? The Protection of Children in State Care in Conflict Situations in International Law and Practice(Global Campus of Human Rights, 2022) Gscheidlen, Anne Sophie ; Luhamaa, KatreA day before the start of Russia’s invasion of Ukraine, the Council of Europe vowed to create standards and mechanisms on child protection in armed conflict by 2027. It further promised to address the discrimination of children in state care. The need for a comprehensive child protection scheme during and post-armed conflict as well as efforts to combat the marginalisation of children in state care have, thus, been acknowledged. Yet, as far as Europe is concerned, states have only begun to fuse child protection during armed conflict with the awareness of the heightened vulnerability and marginalisation of children in state care in reaction to the war against Ukraine, a country which has one of the highest child institutionalisation rates in the region. With thousands of children in state care continuing to be evacuated abroad in a humanitarian effort to protect their lives and rights, this thesis seeks to firstly discuss the (in)sufficiency of the existing international legal rights and protective framework for these children. Secondly, this thesis documents how some European countries view their obligations towards these children, and what has already been undertaken by them vis-à-vis these children in light of the war against Ukraine as of early July 2022. Keywords: child protection, rights of the child, children in state care, armed conflict, Ukraine
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ItemBeneath the City’s Shining Facade, Discrimination and Death in yhe Sewers. An Analysis of India’s Right to Life Obligations to Eradicate the Caste-Based Practice of Hazardous Manual Sewer Cleaning(Global Campus of Human Rights, 2023) Kali, Yamuna ; Rouleau-Dick, MichelLoss of life resulting from manual sewer cleaning has been a tragic constant in urban India for decades, and its connection with caste and ‘untouchability’ has been an accepted fact, with the victims overwhelmingly belonging to the most oppressed castes. Still, there has been little progress towards addressing this issue, with no reduction in the number of people losing their lives in this way every year. Legislation and schemes aimed at ending the practice of manual sewer cleaning have had little success. This thesis approaches the issue as a violation of the right to life under article 6(1) of the International Covenant on Civil and Political Rights. Such an analysis would be incomplete without an awareness of the societal role of caste in the perpetuation of the problem. Therefore, this thesis also attempts to address the discriminatory aspect of the issue through an analysis of obligations under article 2(1) of the Covenant. Through an interdisciplinary approach that draws on historical and legal research methods, it is found that while the Indian state has made several attempts to address the issue of manual sewer cleaning, there is weight to the argument that India is in fact violating article 6(1), by failing to end the occurrence of death due to manual sewer cleaning, as well as article 2(1) in conjunction with article 6(1), due to the caste-based nature of the practice leading to a distinct violation of the right to life.
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ItemBlasting into fame: female terrorists make a statement(EIUC, 2015-05) Mihailescu, Laura ; Beleza, TeresaOver the last few decades, women have proved that they are willing to join violent organisations and fight for their cause alongside their male counterparts. Yet, it seems that an attack caused by a female suicide bomber is always unexpected, confusing, and overemphasised. Usually, women are not associated with the execution of violent acts, but, due to their gender, they are rather seen as the resultant victims. However, by employing a rhetoric which undermines their capacity of voluntarily performing such dreadful acts, they are denied agency and are reduced to the notion of incapacitated actors. This thesis attempts to discourage the common assumption that women who become female suicide bombers should be seen as victims of their own societies. In order to properly address the phenomenon of female suicide bombers, a multi-level analysis will be employed. The motivations for committing such acts will be analysed against the backdrop of the regional conflicts. Media and academia discourses shall be assessed, while also engaging with feminist theories of crime. In addition, the last chapter will present the suitability of the current counter-terrorist framework in relation to female suicide bombers and suggest improvements where needed in order to circumvent this deadly phenomenon.
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ItemBlockchain and journalism: the intersection between blockchain-based technology and freedom of the press(Global Campus of Human Rights, 2019) Veit, Meredith ; Machado, JónatasQuality journalism is essential to democracy, as it is a means of empowering people with information. Yet, journalists, and press freedom itself, are under threat. The number of journalist assassinations and forced disappearances is increasing as the World Press Freedom Index rankings achingly decline across the board. Most state protection mechanisms are currently insufficient in shielding journalists from escalating violence – irrespective of whether or not these journalists report from a country in peacetime or at war. As a result, technologists have begun developing powerful tools in an effort to ensure that journalists and human rights defenders alike are more prepared in the face of danger. Yet, technological integration as an added safety and security mechanism is far from seamless. This paper critically reviews the new technologies offered to journalists – those that have succeeded and failed – in an attempt to consolidate the lessons learned from both journalistic and technological perspectives. Resultantly, there is a theoretical gap in if, and how, the offerings of modern technology, namely blockchain, could serve as an indispensable tool to better protect journalists and the journalistic process. This paper examines the convergence of blockchain and journalism; combining theoretical proposals from academia with the pragmatic technological developments underway and ultimately expanding upon the suggestions for potential applications, if applied correctly and realistically. Furthermore, this paper proposes blockchain-based smart contracts as an innovative tool for combating the high impunity rates for those who commit crimes against journalists – particularly assassinations and disappearances. The author argues that an important use of blockchain could be to establish a journalistic version of a ‘last will and testament’. This would ensure that essential stories do not die along with journalists who are assassinated while covering them and that those investigating the murders have greater access to pivotal evidence. However, any and all blockchainbased applications must first be vetted through an anti-techno-solutionist lens to assure that they are the most fitting tool for achieving the aim. Keywords: Blockchain, journalism, freedom of the press, technology, smart contracts, techno-solutionism, violence against journalists, decentralisation
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ItemBlood or soil, which one is thicker? : the obligations of EU member-states for the international protection of stateless children(EIUC, 2017) Parodi, Caterina : Lucas ; Davitti, DariaStatelessness has grave implications for the lives of millions of children across the globe. Without a nationality, children cannot have their rights effectively protected, despite the international protections enshrined in the Stateless Conventions. Whilst the UN launched a Global Action campaign to eradicate statelessness, many children seeking refuge in the EU are classified as having ‘undetermined’ nationality. These children grow up in limbo, completely unprotected. The aim of this dissertation is to critically evaluate the existing safeguards aimed at preventing childhood statelessness, while assessing EU Member States compliance with them, both in law and in practice. The main argument advanced in this dissertation is that the discretion afforded to Member States in this field allows for double-standards for the type and extent of protection granted to children. Consequently, it is advanced that the only way to effectively address this issue is by adopting a holistic child rights-based approach at the EU level and an independent monitoring system that helps harmonise the practice of Member State and ultimately ensure a child’s right to nationality, especially when otherwise stateless.
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ItemThe Cologne judgment: a curiosity or the start sign for condemning circumcision of male children without their consent as a human rights violation?(EIUC, 2014-10) Bernaerts, Jonathan ; Tretter, Hannes ; Nowak, ManfredFollowing the Cologne judgment the debate on circumcision of male children has received a new impetus. Nonetheless, this debate is still too often contaminated with biased opinions, as such this thesis attempts to give an objective analysis of the human rights aspects of the circumcision of male children. In this thesis the circumcision of male children is examined singly without an attempt to argue a non-discrimination violation against men given the alleged similarities with some forms of female genital mutilation. From a medical point of view on the practice, three distinct types of male circumcision can be defined. In the legal analysis these three types are examined with regard to the Convention on the Rights of the Child. Consequently, this thesis concludes that a human rights violation is apparent with regard to Type 3, the circumcision of male children lacking either a medically trained or well- experienced circumciser to the level of a medical practitioner, clinical conditions or the use of anaesthesia. The importance of this thesis lies in its new typology of circumcision of male children and the extensive examination of the applicable rights of the Convention on the Rights of the Child, including the recent General Comment No. 14 of the Committee on the Right of the Child on the best interests of the child.
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Item“A community of shared destiny” : how China is reshaping human rights in Southeast Asia(Global Campus of Human Rights, 2019) Gómez del Valle Ruiz, Álvaro ; Nowak, KarolAs China re-emerges on the world stage as a great power, fuelled by intertwined ethno-nationalism and a sense of manifest destiny with roots on its identity as a civilisational state, it is increasingly seeking to reshape the international liberal order that was put in place by the USled West after the Second World War. Its emergence as a normative power in the field of human rights, prioritising national sovereignty and economic development over notions of universalism and civil and political rights has been noticed, and a growing number of political leaders have started to see the unique brand of Chinese authoritarianism and ‘human rights with Chinese characteristics’ as models to emulate. Nowhere can this be seen more clearly than in Southeast Asia, a region with deep historical and economic ties with China, where no one has forgotten the time when Beijing was the centre of the world.
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ItemThe corporate response to allegations of human rights abuse: an analysis of responses published by the business & human rights resource centre(EIUC, 2012-11) Schweisfurth, Elizabeth Lynn ; Kamminga, MennoAs governments and International Governmental Organisations (IGOs) continue to weigh the pros and cons of mandatory regulation for corporations and as long as the international business community continues to resist it, civil society remains the sole global watchdog of corporate complicity in human rights violations. Using the responses from corporations archived in the database of the Business & Human Rights Resource Centre (B&HR RC) since 2005, this thesis sets out to investigate the responsiveness of corporations to allegations of human rights abuse. By analysing response rates and evaluating the substance of the responses, this paper will show to what extent corporations are implementing Corporate Social Responsibility (CSR) policies and how the policy of naming and shaming can impact corporate ethical behaviour. This exploratory quantitative and qualitative research of corporate responses shows to what degree companies are living up to their public commitments of ethical conduct and what factors are contributing to effecting change . By collating and evaluating the documentation of corporate reactions to human rights abuse as published by the B&HR RC, this paper aims to fill a gap in the literature on the subject of corporate responses to accusations of ethical misconduct.
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ItemCriminalising hope : human rights implications of the criminalization of irregular immigration in EU member states and the EU(EIUC, 2012-11) Estévez Picon, Lidia Isabel ; De Stefani, PaoloThe trend to criminalise irregular immigrants among European Union Member States entails important challenges for the protection of human rights in Europe and has created unease among human rights defenders and institutions around Europe and the world. The European Union’s security-driven approach on irregular immigration has contributed to such criminalisation, which today is increasing due to the rise of xenophobic parties in many Member States. However, after the Treaty of Lisbon, with the now binding Charter of Fundamental Rights, the European Union has the opportunity to change its approach to a more human rights-centred approach. Although the respect for fundamental rights was not at the base of the preliminary ruling that the European Union Court of Justice issued on 28 April 2011, this judgement could bring an end to the criminalisation of irregular immigration in most Member States. This thesis will analyse how the European Union has contributed to this trend and if, in the future, it will continue to do so or if it could possibly reverse it. Italy will be taken as a case study because it has recently enacted a law criminalising irregular immigration that could be directly affected by the judgement of 28 April 2011.
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ItemDemocratic Deficit Theory: A Reversed Approach Why Radical Political Changes in Member States Affect the Quality of Democracy in the EU(Global Campus of Human Rights, 2020) Houssais, Olivia ; Unger, AnnaThe thematic of the democratic deficit has stirred passions and created divisions among scholars, who find no consensus on how to answer it. Too often, the methodological approaches implemented to deal with the democratic problems of the EU either emphasise the procedures only at the EU level or mainly focus on the integration processes. Yet, due to the multilevel framework at stake within the EU area, there is a relationship connection between the domestic and the European levels: what happens nationally influences de facto the EU and its institutions. The aim of this thesis is therefore to propose a revision to the democratic deficit theory, by adopting a reversing approach, which focuses on the evolution of the quality of democracy at both levels. It demonstrates that the radical political changes encountered by the Member States from 2008 to 2018 (Chapter 2) not only jeopardised national democracies, but also led to downward trends in the quality of democracy in these same Member States, thus creating a risk of democratic erosion domestically (Chapter 3). And because of the correlation link between both levels, it is revealed that Member States are the predominant actors in the variation of the EU quality of democracy, namely that their own downward trends negatively influence the EU quality of democracy (Chapter 4). Focusing specifically on the level of the EU quality of democracy is particularly interesting because of the lack of research on the matter. There is however a high need to develop this kind of approach in the field since it allows to underline the democratic issues the EU and its Member States are facing and will have to face. Keywords: Democratic deficit, quality of democracy, erosion of democracy, crisis of democracy, liberal democracy, European Union, political changes, populism, illiberalism, political parties, far-right parties, rule of law, political freedom, political competition
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ItemThe dilemma in the deaf community: linguistic minority or persons with disability?(EIUC, 2014-04) Chatzopoulou, Anastasia ; Constantinides, AristotelisThis thesis examines the dominant construction of deaf people as persons with disability, and contrasts it with the suggested construction of deaf people as linguistic minority, with the view to resolving the dilemma regarding their classification. The principal objective is to provide deaf people with the best legislative option for the protection of their rights. An interdisciplinary approach is followed, analysing the medical and the sociocultural perspective, in order to provide the reader with a holistic view of the situation. Both legislative options are assessed and their implications are examined, whereas special emphasis is given in areas such as health, education, culture and language. It is demonstrated that both options apply. Thus, the thesis concludes by bridging the two options and by suggesting a common approach. Several recommendations are provided calling for cohesion and mutual respect, inclusion of deaf peoples’ preferred point of view with a view to empowering their position. Last but not least, emphasis is placed on their right to choice, their right of self-determination and on the development of understanding and respect of diversity.
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ItemA double edged sword: benefits, challenges and recommendations for using information and communication technology to monitor or investigate human rights(EIUC, 2017-09-19) Pierro, Robin ; De Stefani, PaoloHuman rights monitors and investigators have developed rigorous research methodologies to ensure the data they collect is reliable, accurate, and holds human rights abusers accountable. These methods have changed little over time, until recently through the proliferation of Information and Communication Technology (ICT). Researchers are increasingly relying on ICT tools to collect information, connect with sources, and further their access. While these tools present numerous benefits, they also pose practical and ethical challenges to the researchers utilising them. ICT tools are now a double-edged sword in the fact-finders’ toolbox, and they are changing the way research is conducted. Given this evolution, there is a need for the human rights documentation community to develop standards on how to utilise ICT tools effectively and ethically. This thesis highlights the benefits and challenges posed by using ICT tools for fact-finding and fills the gap in practical guidance for researchers by providing recommendations for best practice. Additionally, this work examines the impact ICT tools are having on traditional research methods. The author relied primarily on research derived from 33 interviews and a survey with 66 human rights researchers, to ensure that the expertise of the practitioners themselves was featured and this thesis remained practical and relevant.
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ItemDuty to disobey? A perspective on the new civil disobedience, between international actors and digital media(EIUC, 2016-04) Repetto, Elettra ; Finlay, GrahamThe aim of this thesis is to analyse the concept of civil disobedience and to give a justification for it, to finally assess whether or not it is possible to claim that there is a duty to disobey. The initial focus will be on the definition of the concept of civil disobedience itself, to move then to the actors involved, from social movements, to non-governmental organisations, and power holders, and show how the nation-state is not the only entity that counts in the political sphere, nowadays. I will then question the idea of a non-violent civil disobedience, to include violence in the definition of it, maintaining however the difference between civil disobedience and revolution. Afterwards, I will consider the concept of responsibility and the reasons of the dissenters, before turning to Internet as the new space where new actors, such as Anonymous and the whistle-blowers, make a more pluralistic politics. So, I will justify civil disobedience on the basis of democracy as an inclusive system, and on the respect that the institutions should have for our moral agency. I will consequently derive from this the idea that dissenters should be punished in a more clement way than common criminals. Finally, I will conclude by arguing that, under certain circumstances, we might have a duty to disrespect the law. I will base this claim on the fact that, to be full individuals, we have to be political individuals, ready to act.
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ItemEnvironmental Justice, Climate Change and Human Rights. Different Contributions, Different Consequences and Different Capabilities Should Equal Different Human Rights Obligations(Global Campus of Human Rights, 2020) Catalão, Mariana : Seixas Lopes Nunes ; Klabbers, JanThe current environmental crisis poses itself as one of the biggest threats to the enjoyment of human rights. Everywhere, people´s human rights are at risk; however vulnerable communities, particularly the ones in poorer countries, are disproportionately in danger. This higher risk for the poorer population is inversely proportional to contribution towards the environmental crisis, especially focusing on global warming caused by the emission of greenhouse gases that consequently leads to climate change. The disparity between contribution to the issue of climate change, vulnerability to threats to the enjoyment of human rights caused by the effects of climate change and capability to prevent these threats generates an environmental justice problem that highlights the inequity between the Global North and the Global South. This thesis aims to showcase how human rights law can be used to bridge this gap between developed and developing countries, in order to fulfil environmental justice imperatives. The aspect of human rights law identified as one of the most apt to address this issue is the concept of extraterritorial human rights obligations of states. The thesis highlights how the use of extraterritorial human rights obligations of states is a legally plausible solution to address climate change and issues arising from environmental injustice, analysing positions of international stakeholders and respected doctrine that support the imposition of these obligations. Finally, a practical way of operationalising the imposition of extraterritorial human rights obligations, in the field of climate change, is presented, through the proposal of a liability scheme that reverts in favour of those most affected by climate change.
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ItemEscaping narrow human rights framings in the context of sexual orientation and gender identity(EIUC, 2014-04) Mincheva, Ioanna ; Nedbalkova, KaterinaThis study focuses on two concepts in regard to the gay, lesbian, bisexual and transgender (LGBT) movement: Nancy Fraser’s conceptual framework of recognition, redistribution and representation as conditions for social justice and Ronald Holzhacker’s three modes of interaction of LGBT civil society organisations (CSOs) with their respective political environment. Human rights framings are the link between these two differing approaches, in explaining the shift in interpretations and the development of the framing of the rights of LGBT persons in terms of human rights framings to accommodate LGBT rights claims as a legitimate human rights concern. This study aims to come to an informative conceptual model of evaluation which can serve to further the understanding of the LGBT movement’s interaction and work in differing political environments in the European context. It can also be used to outline the goals and demands deemed reasonable to be pursued in each of the three outlined social settings, firmly grounded into a human rights paradigm. An attempt will be made to offer some alternatives regarding the LGBT movement in relation to human rights framings that have become somewhat traditional and rather narrow. This study aims to provide an alternative model of combining two very different fields of study in order to propose a fresh insight into a much contested subject with the view of expanding LGBT concerns into related fields of study which can prove enriching.
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ItemEurope at a crossroads : the EU migration crisis, a governance test for the future of the Union(EIUC, 2017) Duhaâ, Mathilde ; Schneider, PatriciaIn the context of the world’s largest refugee crisis since World War II, the European Union (EU) has to cope with unprecedented numbers of arrivals at its external borders. In light of the weekly shipwrecks and drownings in the Mediterranean, European states decided to develop a common approach to the crisis, as they realised the upcoming months and years would be characterised by massive migration flows to the continent. This thesis investigates the EU’s response to the migration crisis, focusing on migration as a policy area, especially with regards to border management and control. After critically assessing the human rights impact of the policies implemented since 2016, this research will explore the concerns this crisis has raised regarding European unity and the EU’s ability to respond to external threats in a common and cooperative manner. It will argue that this crisis is a governance test for a European Union that finds itself facing historically unprecedented challenges, sixty years after its creation. This thesis will claim that the current EU approach reflects a rift between member states concerning security and human rights standards, a sign of a deeply rooted political and ideological divide regarding the transfer of sovereignty in the field of migration control.To overcome the crisis, this research will assert that the EU needs to find a balance between its moral and legal obligations and its duty to ensure the safety of its citizens and the securing of its external borders. It will provide recommendations regarding the need for a genuinely holistic approach, one that bridges security and human rights concerns. Keywords: European Union, migration governance, border control, human rights, sovereignty, Mediterranean.
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ItemFear, hatred, and the limits of law : a critical analysis of French political discourse following terrorist attacks(EIUC, 2016-04) Genevey, Moana ; Mavronicola, NatasaRegarding counter-terrorism and Islamophobia, many scholars highlight the law-makers’ responsibility in the creation and implementation of laws negatively affecting Muslim communities. Few, however, provide an in-depth analysis on how political discourse on terrorism can, by itself, create, convey and reproduce anti-Muslim prejudices. Being key actors of liberal democracies, politicians are expected to exercise their right to free speech for discussing socially valuable issues, such as terrorism. Nevertheless, when political discourses create prejudices and misconceptions about entire communities, they become potentially harmful for society. In this case, law can appear as a necessary tool for restricting dangerous speech. This thesis seeks to determine how political discourses on terrorism can create Islamophobia, and whether the law is an appropriate instrument to tackle this phenomenon. It is based on the elaboration of a Critical Discourse Analysis framework, rooted on the link between terrorism, Islamophobia and the notion of engineered moral panic. The framework is then applied to a selection of discourses, delivered by politicians from extreme-right and mainstream parties in France, following the two major terrorist attacks of 2012 and 2015. The findings of this analysis suggest that, while the political discourses selected are instilling fear regarding terrorist events and fueling hostility towards a wide spectrum of people held responsible for it, they are delivered in a cautious manner and do not constitute, per se, blatant examples of hateful speech directed towards national, ethnic and religious minorities. Since these speeches fall into a “grey area” as regards to hate speech regulations and free democratic deliberations, the judicial enforcement of hate speech bans would depend on rather arbitrary factors, and the legal implementation of further restrictions would be ineffective and dangerous for democracy. Consequently, grassroots initiatives appear to be a more appropriate response to these dangerous discourses.
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ItemFrom Myanmar to The Hague. A Feminist Perspective on the Search for Gender Justice by Rohingya Women before the International Criminal Court(Global Campus of Human Rights, 2021) Lombardi, Federica ; Morondo Taramundi, DoloresSexual and gender-based violence during conflict remains a widespread issue, with women and girls being particularly vulnerable. Since its establishment, the International Criminal Court has prioritised the prosecution of sexual violence through some successful ground-breaking judgments. However, it has also received harsh criticism due its failure to incorporate an intersectional perspective into its jurisprudence. While the Office of the Prosecutor has committed itself to incorporating intersectionality in its prosecutions in its 2014 Policy Paper, it has yet to deliver an intersectional analysis in one of its rulings. The recent authorisation from the Pre-Trial Chamber to proceed with an investigation for the alleged crimes perpetrated against the Rohingya community in Myanmar could provide such an occasion. While the ethnic minority is suffering from gross human rights violations, rape is being used systematically against Rohingya women. In light of these considerations, this thesis seeks to analyse how an intersectional approach could assist the International Criminal Court in analysing and addressing the sexual violence suffered by Rohingya women. To achieve this, an historical overview of the prosecution of sexual violence before international criminal tribunals was provided, together with the main criticisms regarding their track records. Secondly, the theory of intersectionality was presented and analysed in the context of anti-discrimination law, international human rights law and international criminal law. Finally, the theory of intersectionality was applied to the case study of Rohingya women in light of the possible claims of genocide and crimes against humanity they could bring before the court. On one hand, the analysis has demonstrated that an intersectional approach can indeed help the International Criminal Court put emphasis on the gravity of the violence suffered by the victims as well as the systematic and organised nature of such attacks. On the other hand, there is a risk that Rohingya women will be further stereotyped or that the violence suffered by those who do not fit within the victim model will be left unpunished.
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ItemFrom Russia with love: an impact assessment of resolution A/HRC/21/L2 on sexual minorities in Africa(EIUC, 2014-10) Odoyo, Roselyn Awuor ; Beleza, TeresaThis thesis elaborates the resolution on ‘‘Promoting Human Rights and fundamental freedoms through a better understanding of traditional values of humankind’ by examining the different transitions of the concept of “traditional values” in Africa and how the different transitions as well as the challenges that have emerged in documenting African sexualities through history to present day have affected sexual minorities on the African continent. It suggests that what is couched as “traditional values” is actually religious values translated into cultural relativism and judicial moralism to the detriment of Lesbian, Gay, Bisexual and Transgender individuals.