Global Campus Europe: EMA
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European Master in Human Rights and Democratisation Theses written in partial fulfilment of master's degree
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ItemThe living-womb industry: a feminist exploration of the bioethical and legal implications of cross-border gestational surrogacy( 2024)This thesis investigates the legal and bioethical implications of gestational surrogacy, with a focus on cross-border arrangements. Despite the growing legislation around the topic, there are many gaps in the laws surrounding gestational surrogacy; namely, laws regarding the wellbeing of the mother during the gestational period. These gaps in legislation create a grey area where many human rights violations, such as coercion and human trafficking, have appeared to occur. Moreover, due to the recent, increased demand of surrogate mothers to take part in surrogacy arrangements, it is crucial now more than ever that the legislation is built to protect both parties. Therefore, this thesis aims to challenge the position of current legislation surrounding crossborder surrogacy by suggesting a change in the law’s focus would be beneficial to all parties involved from a human rights perspective. To do this, two overarching questions are addressed in this paper, with the first being how do international and national legal frameworks currently address the legal, ethical, and social challenges posed by cross-border gestational surrogacy? This question looks at international bodies and national policies engagement in the discussion around the regulation of the practice. Secondly, what are the ethical considerations surrounding the commodification and exploitation of women's bodies in the context of cross-border gestational surrogacy, and how can human rights principles provide guidance for addressing these concerns? This question enquires into the bioethical implications of surrogacy and how human rights principles may aid in shaping the future of the industry. Thus, this thesis identifies which issues are currently being addressed in legislation in addition the areas that are being neglected; suggesting that areas which are neglected or left open to interpretation are the most relevant from a human rights perspective, as these areas of ambiguity leave room for serious violations, therefore it is important that they are addressed in future legislation. This investigation will be approached through a feminist and human rights lens to ensure that the focus lies on the protection and well-being of the individual most at risk to exploitation in a surrogacy agreement, the surrogate mother. Hence, allowing the research to take into consideration an ongoing, cross-cultural, feminist debate surrounding a woman’s autonomy of their own body, in order to better understand why legislation is the way it currently is, and perhaps why this may not be the best form of protecting the surrogate mother.
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ItemDerogate the non-derogable: the legitimization of migrant pushbacks in Lithuania( 2024)Migrant pushbacks have become a common practice in many European countries and have garnered considerable academic and media attention. In contrast, the legitimization of migrant pushbacks represents a relatively new legislative development within the EU, often obscured by governments and lacking sufficient scrutiny. Forceful returns of migrants involve denying entry or expelling individuals without individualized assessment, thereby contravening absolute human rights, such as the prohibition of torture and the principle of non-refoulement. Paradoxically, despite the significance and absolute nature of these provisions, Lithuania chose to derogate from them by amending its border laws on April 25, 2023. Consequently, this paper aims to explain how Lithuania's legislative framework came to legalize pushbacks and how racialized narratives have influenced this process. To answer these questions, the study focuses particularly on the notion of absolute rights, the principle of the primacy of EU law, the concept of racial tropes in conjunction with postcolonial theory, and the Critical Legal Studies (CLS) approach. This socio-legal research will be carried out by employing a single-case study design and utilizing two methods: Bacchi and Goodwin’s (2016) ‘What’s the Problem Represented to Be?’ (WPR) policy analysis and discourse analysis combined with thematic coding of the language used by Lithuanian government officials. Findings reveal that Lithuania's restrictive asylum policies are significantly influenced by the broader EU stance on immigration, which has become increasingly hostile. The EU's own derogations from international law, coupled with the culture of impunity and a lack of public resistance, have facilitated Lithuania's actions. Additionally, the use of racial tropes has profoundly contributed to the codification of ongoing European neocolonialism and the dehumanization of arriving newcomers into law. The study concludes that the legal and political environment within the EU is regressing in terms of upholding human rights, challenging the notion of absolute rights and weakening the rule of law.
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ItemOn the search for a nationality. A feminist and postcolonial perspective on the ramifications of statelessness for children born to Syrian mothers in Germany( 2024)This thesis assesses the statelessness of children born to Syrian mothers in Germany through a feminist and postcolonial lens. By focusing on the German and Syrian Nationality Acts, and their historical creation, a holistic picture of colonial legacies is laid out. Employing desk research and theoretical analysis, the author identifies the insufficient research and attention as well as gaps in the field of statelessness. The analysis reveals that French colonialism has shaped Syria’s Nationality Act to be gender- discriminatory, preventing women from transferring their nationality outside of Syria, thus effectively leaving children born to Syrian mothers without a legally recognized father stateless. In addition to this, the German Nationality Act relies on jus sanguinis and limited jus soli, restricting children of foreign parents from gaining a German nationality, unless a parent has legally and permanently resided in Germany for a period of five years. The findings portray the intersection of colonial legacies and nationality legislation. Furthermore, they showcase the failure of national and international law to support and protect the human rights of stateless children. Germany and Syria both fail to create awareness, administrative structures and recognition of statelessness. The findings further highlight the gender inequality that denies Syrian children their nationality. Finally, the thesis calls for sustainable development of support structures and amendments to the Nationality Acts to combat statelessness based on gender- discrimination.
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ItemFeminist media and advancing freedom of expression for women. The feminist movement’s fight for free speech between representation and activism( 2024)Freedom of expression is instrumental in women’s struggle for equality, as opportunities to speak and be heard are at the heart of the feminist movement’s discursive strategies for collective action. For the feminist movement, free speech is not only a means to further the feminist struggle, but a goal in itself. In the age of networked activism, media constitute a particularly prominent avenue for feminists’ fight for emancipation and social transformation. The present research is interested in scrutinising the relationship between feminism and freedom of expression through an analysis of feminist media, focusing on the ways in which and the conditions under which feminist media are able to not only constitute in themselves but also actively build avenues for women’s free expression. The research will justify the importance of freedom of expression for the feminist struggle through linking the concepts of free speech as self-expression and political expression to the feminist maxim “the personal is political”. Then, it will execute an analysis of successes and shortcomings of feminist media in advancing freedom of expression for women and, more generally, the feminist struggle. Then, adopting a reworked version of Atton’s (2002) typology of alternative media, it will operate a media analysis on two Italian feminist media, namely Femminismo a Sud and Freeda Media Italy, which will provide an empirical feedback for the previous theoretical analysis. Such investigations aim to provide insights into the workings of feminist media and their potential for the advancement of women’s rights, as well as guidelines for their evaluation.
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ItemCarbon cowboys, ignored ‘Indians’ and the wild, wild West(ern Amazon). The impact of climate change on indigenous peoples in Peru( 2024)Climate change has transcended its status as a theoretical concept and emerged as a human-induced crisis. Industrial nations, in their relentless pursuit of profit and reliance on fossil fuels to drive economic growth, impose the most severe consequences on the world’s most disadvantaged populations, particularly Indigenous Peoples. Despite their minimal contribution to greenhouse gas emissions, these communities bear a disproportionate burden due to their vulnerable geographic locations, inadequate infrastructure, and lack of climate resilience. This glaring injustice underscores the necessity of addressing climate change as integral to the advocacy for fundamental rights such as food, safe water, shelter, education, and healthcare. This research investigates the impact of climate change on Indigenous Peoples in the Peruvian Amazon, pinpointing the actors responsible for this injustice. It critically examines existing strategies designed to mitigate these impacts and evaluates their effectiveness. The findings highlight the international community's, particularly developed states’, culpability for insufficient action in addressing climate change. Since the signing of the Paris Agreement in December 2015, there has been a notable deficit in proactive measures to meet climate commitments. This study calls on states to empower and support Indigenous Communities in safeguarding their rainforests, aiding them in sustainable forest resource management, and implementing concrete measures before it is too late.