Digital Commons Network^™

A Path Forward To #Niunamenos Based On An Intersectional Analysis Of Laws Criminalizing Femicide/Feminicide In Latin America, Melissa Padilla

San Diego International Law Journal

Since 2007, eighteen Latin American countries have enacted laws that criminalize femicide/‌feminicide in an effort to address gender-based murders in the region and to uphold their obligations under international human rights law. However, the COVID-19 pandemic and its systemic lingering effects exacerbated the existent dangerous levels of gender-based violence in the region, resulting in an increase in gender-based murders. To address these murders, between 2020 and 2021, a quarter of the eighteen Latin American countries that criminalized femicide/‌feminicide have implemented or are in the process of implementing reforms to their laws criminalizing femicide/‌feminicide. Given this new trend to address the …

Comparing Social Media Content Regulation In The Us And The Eu: How The Us Can Move Forward With Section 230 To Bolster Social Media Users’ Freedom Of Expression, Trent Scheurman

San Diego International Law Journal

This Article will compare 47 U.S.C. § 230 (“Section 230”), the United States law governing civil claims that prevent social media companies from being treated like the publishers of their own users’ posts and the companies’ abilities to remove user posts, with the European Union’s (“EU”) equivalent governing law, the E-commerce Directive. The E-Commerce Directive will be used as an example of a governmental regulation that better prevents viewpoint discrimination, but at the cost of a lower standard of user expression. A lower standard of user expression means diminished rights in exercising free speech, as exemplified by the EU outlawing …

International Law, Corruption And The Rights Of Children In Africa, John Mukum Mbaku

San Diego International Law Journal

In adopting the African Charter on the Rights and Welfare of the Child (“African Child Charter”) on July 1, 1990, Africans, through the Organization of African Unity, officially recognized the need to guarantee the fundamental rights of all children. They also imposed obligations on all African States to recognize the rights, freedoms and duties enshrined in the African Child Charter and required States to take all necessary measures to give effect to these rights. To aid in the realization of these rights, each African State was expected to domesticate the African Child Charter and create rights that are justiciable in …

These Kids Need Lawyers: Why And How The United States Must Provide The Right To Appointed Counsel For Detained Unaccompanied Children, Adrielli Ferrer

San Diego International Law Journal

Children throughout the world are fleeing home situations of violence and seeking safety in the United States. Some children begin their migration with their families, only to find that some family members do not survive the journey, while others are separated by the United States government upon arrival. Some children are so driven by fear and desperation that they flee without family at all. Alone in the United States, unaccompanied children are a hyper vulnerable population. Exacerbating matters, upon encountering law enforcement, they are locked and contained within “secure facilities,” or detention centers. What can be done to aid detained …

Facial Recognition Technology And Privacy: Race And Gender - How To Ensure The Right To Privacy Is Protected, Lindsey Jacques

San Diego International Law Journal

This Article specifically focuses on the use of FRT by the five permanent members of the United Nations (“UN”) Security Council which are China, France, the Russian Federation, the United Kingdom, and the United States (the five nations). As permanent members of the Security Council, these five nations are tasked with maintaining international security under the UN Charter.

National leaders in these countries are forced to face the question of whether the national security mitigating benefits of FRT outweigh the privacy and equity concerns the technology imposes for populations often considered the most vulnerable. This Article proposes solutions to this …