title: Perceptions of child pornography and its inherent harm: Does personality play a role?

authors: Aitken Worth, Ann

subjects: Child pornography

abstract: This study examined perceptions of inappropriateness of child sexual abuse material, the degree of perceived harm in that material and any relationship the latter had to the Five Factor Model of Personality domains. It examined whether a non-expert audience of university students would use the typology of the 10-level COPINE scale to create a hierarchy of harm or seriousness of offending that aligns with the original. The study found that while the anchors of the scale were ranked in original position, other levels moved in their ranking, representing some disagreement as to whether the COPINE scale adequately represented ascending level of seriousness of offending with regards to the harm caused to the victims 
Perception of harm represented to the children depicted in the images was tied to wrongdoing. Participants appeared to link harm to the context in which images were used rather than the content represented 
No correlation was found between Five-Factor Model of Personality domains and perception of harm, which may have been due to limitations of the study rather than the lack of any such link.
Results were obtained in an anonymous online survey created using an open-source questionnaire based on Goldberg's (1990, 1992) five-factor construct and plain English textual description of each of the 10 levels of the COPINE scale.

text: Perceptions of child pornography and its inherent harm: Does personality play a role? This study examined perceptions of inappropriateness of child sexual abuse material, the degree of perceived harm in that material and any relationship the latter had to the Five Factor Model of Personality domains. It examined whether a non-expert audience of university students would use the typology of the 10-level COPINE scale to create a hierarchy of harm or seriousness of offending that aligns with the original. The study found that while the anchors of the scale were ranked in original position, other levels moved in their ranking, representing some disagreement as to whether the COPINE scale adequately represented ascending level of seriousness of offending with regards to the harm caused to the victims 
Perception of harm represented to the children depicted in the images was tied to wrongdoing. Participants appeared to link harm to the context in which images were used rather than the content represented 
No correlation was found between Five-Factor Model of Personality domains and perception of harm, which may have been due to limitations of the study rather than the lack of any such link.
Results were obtained in an anonymous online survey created using an open-source questionnaire based on Goldberg's (1990, 1992) five-factor construct and plain English textual description of each of the 10 levels of the COPINE scale.

year: 2016

title: Local Implications of International Human Rights Treaties: The Impact of a CEDAW Right to Public Life in the Republic of Maldives

authors: Jabyn, Marium

abstract: In 1979, the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) codified women’s rights to equality in both private and public spheres of life, and introduced it as a global norm. It stipulated not only that women should not be discriminated against, but also that women should be equal recipients in the allocation and enjoyment of human rights. To this end, it imposed obligations on States Parties and provided multiple approaches towards achieving women’s equality. In general, the international community has invested over six decades in constructing a ‘global’ system of human rights where consenting sovereign States Parties have agreed on a ‘universal’ standard of rights to be protected and promoted within and beyond their national borders. Despite ‘universal’ commitments to human rights treaties, expressed through ratification, and many times through creating the required national legislation and policy changes, human rights goals are yet to be achieved. 

Using a CEDAW right to public life, this thesis examines the two aspects of treaty implementation: integration into domestic norms and enforcement of treaty norms through treaty enforcement mechanisms established by the UN. By illustrating gaps in ‘rights-in-principle’ and ‘rights-in-practice’, this thesis offers an insider's perspective on the tensions between a CEDAW right to public life and the domestic situation in the Republic of Maldives. Rights-in-principle is measured through an analysis of domestic legal instruments, identifying the extent to which CEDAW has been incorporated into legislation, government policy and initiatives. Data for the rights-in-practice measure was collected through semi-structured interviews conducted with purposively selected participants, representing both State and non-State actors. The information gathered through interviews was analysed both manually and using the NVivo-10 Software. The data was then interpreted using the capabilities theory, examining how limited capabilities arising out of gendered practices, cultures and structures affect the successful local implementation of a CEDAW right to public life.  

The findings from the rights-in-practice segment of the research demonstrate a highly gendered world, where links between political power and male leadership are seen as natural and women ideally suited to roles either within the domestic sphere or a care-taking role. Participation in public life is also dependent on class (family status), property ownership and resources, and affiliations with political parties. However, the belief in socially distinct roles is a dominant feature within the local, and heavily affects women’s lives and their autonomy. Gender based differences, it is argued, is rooted in deep cultural and religious beliefs and change is often resisted by the local community. It is also anticipated that fast growing religious fundamentalism in the Maldives will significantly impact women’s rights in the near future. Thus, while CEDAW, and its articulation of a right to public life, embodies a framework for substantive equality that aims to entitle, enable and empower women to pursue the CEDAW right to public life, the State has yet to ensure a right to public life, as envisaged by the Convention. 

The thesis acknowledges that a CEDAW right to public life has had an impact, but mainly at a formal level, changing domestic law and policy, but has had limited impact on the achievement of equality for women. The situation in the Maldives is further compounded by the nature of the international human rights platform, which is primarily based on State consent, leading to limited intercultural dialogue between CEDAW and its States Parties and little pressure on the States Party, which further cements the status quo. Ad hoc procedures, lack of committed personnel to draft treaty reports, and low level of civil society engagement in the process, also significantly affects effective treaty implementation. Thus, both ‘local struggles’ and the existing structure of the international human rights treaty enforcement mechanisms poses challenges for the pursuit of a CEDAW right to public life. 

This thesis is a much-needed exploration of how local cultures appropriate and enact international human rights law, and will be of enormous value to persons working with international human rights particularly in the Maldivian context, and also at the global level. It makes both theoretical and methodological contributions to international human rights law in the area of human rights and treaty compliance.

text: Local Implications of International Human Rights Treaties: The Impact of a CEDAW Right to Public Life in the Republic of Maldives In 1979, the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) codified women’s rights to equality in both private and public spheres of life, and introduced it as a global norm. It stipulated not only that women should not be discriminated against, but also that women should be equal recipients in the allocation and enjoyment of human rights. To this end, it imposed obligations on States Parties and provided multiple approaches towards achieving women’s equality. In general, the international community has invested over six decades in constructing a ‘global’ system of human rights where consenting sovereign States Parties have agreed on a ‘universal’ standard of rights to be protected and promoted within and beyond their national borders. Despite ‘universal’ commitments to human rights treaties, expressed through ratification, and many times through creating the required national legislation and policy changes, human rights goals are yet to be achieved. 

Using a CEDAW right to public life, this thesis examines the two aspects of treaty implementation: integration into domestic norms and enforcement of treaty norms through treaty enforcement mechanisms established by the UN. By illustrating gaps in ‘rights-in-principle’ and ‘rights-in-practice’, this thesis offers an insider's perspective on the tensions between a CEDAW right to public life and the domestic situation in the Republic of Maldives. Rights-in-principle is measured through an analysis of domestic legal instruments, identifying the extent to which CEDAW has been incorporated into legislation, government policy and initiatives. Data for the rights-in-practice measure was collected through semi-structured interviews conducted with purposively selected participants, representing both State and non-State actors. The information gathered through interviews was analysed both manually and using the NVivo-10 Software. The data was then interpreted using the capabilities theory, examining how limited capabilities arising out of gendered practices, cultures and structures affect the successful local implementation of a CEDAW right to public life.  

The findings from the rights-in-practice segment of the research demonstrate a highly gendered world, where links between political power and male leadership are seen as natural and women ideally suited to roles either within the domestic sphere or a care-taking role. Participation in public life is also dependent on class (family status), property ownership and resources, and affiliations with political parties. However, the belief in socially distinct roles is a dominant feature within the local, and heavily affects women’s lives and their autonomy. Gender based differences, it is argued, is rooted in deep cultural and religious beliefs and change is often resisted by the local community. It is also anticipated that fast growing religious fundamentalism in the Maldives will significantly impact women’s rights in the near future. Thus, while CEDAW, and its articulation of a right to public life, embodies a framework for substantive equality that aims to entitle, enable and empower women to pursue the CEDAW right to public life, the State has yet to ensure a right to public life, as envisaged by the Convention. 

The thesis acknowledges that a CEDAW right to public life has had an impact, but mainly at a formal level, changing domestic law and policy, but has had limited impact on the achievement of equality for women. The situation in the Maldives is further compounded by the nature of the international human rights platform, which is primarily based on State consent, leading to limited intercultural dialogue between CEDAW and its States Parties and little pressure on the States Party, which further cements the status quo. Ad hoc procedures, lack of committed personnel to draft treaty reports, and low level of civil society engagement in the process, also significantly affects effective treaty implementation. Thus, both ‘local struggles’ and the existing structure of the international human rights treaty enforcement mechanisms poses challenges for the pursuit of a CEDAW right to public life. 

This thesis is a much-needed exploration of how local cultures appropriate and enact international human rights law, and will be of enormous value to persons working with international human rights particularly in the Maldivian context, and also at the global level. It makes both theoretical and methodological contributions to international human rights law in the area of human rights and treaty compliance.

year: 2016

title: Governance of water based on responsible use – an elegant solution?‎

authors: Te Aho, Linda

abstract: The inspiration for this chapter is a proposal said to represent "a paradigm shift" for the governance of freshwater, articulated by Sir Edward Taihakurei Durie in 2014. ² Arising out of challenges to a government plan to sell its shares in powergenerating companies,³ the Durie proposal has at its heart a possibility for reconciling Maori rights and interests and wider general interests in freshwater. It is based on the assumption that Maori and the general public have a legitimate interest in the natural water regimes of the country. However, the source of the interest is not the same. The Maori interest is proprietary and is sourced in their status as the indigenous first peoples of the land who were guaranteed continuation of their tino rangatiratanga in respect of their lands and waters in Te Tiriti o Waitangi.⁴ The public interest is sourced in the British laws that superimposed Maori laws through processes of colonisation. The heart of the Durie proposal is that those utilising water for commercial purposes should be charged and that an independent commission would be responsible for overseeing charging and revenue collection and disbursement. A proportion of the funds would be allocated to Maori authorities in recognition of the Maori interest. Whether in public or Maori hands, the funds should be applied to the maintenance or improvement of the natural water bodies of the area or the assurance of water supplies to all homes. In short, the proposal focuses upon responsibility.

text: Governance of water based on responsible use – an elegant solution?‎ The inspiration for this chapter is a proposal said to represent "a paradigm shift" for the governance of freshwater, articulated by Sir Edward Taihakurei Durie in 2014. ² Arising out of challenges to a government plan to sell its shares in powergenerating companies,³ the Durie proposal has at its heart a possibility for reconciling Maori rights and interests and wider general interests in freshwater. It is based on the assumption that Maori and the general public have a legitimate interest in the natural water regimes of the country. However, the source of the interest is not the same. The Maori interest is proprietary and is sourced in their status as the indigenous first peoples of the land who were guaranteed continuation of their tino rangatiratanga in respect of their lands and waters in Te Tiriti o Waitangi.⁴ The public interest is sourced in the British laws that superimposed Maori laws through processes of colonisation. The heart of the Durie proposal is that those utilising water for commercial purposes should be charged and that an independent commission would be responsible for overseeing charging and revenue collection and disbursement. A proportion of the funds would be allocated to Maori authorities in recognition of the Maori interest. Whether in public or Maori hands, the funds should be applied to the maintenance or improvement of the natural water bodies of the area or the assurance of water supplies to all homes. In short, the proposal focuses upon responsibility.

year: 2019