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Inadequate Housing, Israel, And The Bedouin Of The Negev, Tawfiq S. Rangwala
Inadequate Housing, Israel, And The Bedouin Of The Negev, Tawfiq S. Rangwala
Osgoode Hall Law Journal
This article examines Israel's treatment of its Arab Bedouin citizens living in the Negev desert through the lens of the international human right to adequate housing. The Negev Bedouin, an agrarian indigenous community, is the most socially, politically and economically disadvantaged segment of the Arab minority in Israel. Their precarious situation is rooted primarily in Israeli land planning pursuits that have ignored Bedouin land claims in favor of settlement programs reserved exclusively for the majority population. This article documents the manner in which the overarching legal and political character of the state has led to the development of a legislative, …
On Legalism, Popular Agency And "Voices Of Suffering": The Nigerian National Human Rights Commission In Context, Obiora Chinedu Okafor, Shedrack C. Agbakwa
On Legalism, Popular Agency And "Voices Of Suffering": The Nigerian National Human Rights Commission In Context, Obiora Chinedu Okafor, Shedrack C. Agbakwa
Articles & Book Chapters
The set of standards for the evaluation of National Human Rights Commissions (NHCs) formulated and applied by the UN constitute the dominant conception of an ideal NHC. Virtually every scholar, nongovernmental organization, and governmental body that has commented on the effectiveness of NHCs shares this dominant UN-driven conception of the ideal NHC. However, this dominant conception is significantly limited, and requires fundamental enlargement and revision if the NHCs animated by its vision are to have a significantly increased transformative potential. A performance assessment study of the Nigerian National Human Rights Commission (using the more holistic vision of ideal NHC developed …
Case Commentary: Turnbull, Et Al. V. Famous Players, Ena Chadha, Bill Holder
Case Commentary: Turnbull, Et Al. V. Famous Players, Ena Chadha, Bill Holder
Journal of Law and Social Policy
No abstract provided.
Introduction To Torture As Tort: From Sudan To Canada To Somalia, Craig M. Scott
Introduction To Torture As Tort: From Sudan To Canada To Somalia, Craig M. Scott
Articles & Book Chapters
The present work is chapter 1 of the edited volume, Torture as Tort: Comparative Perspectives on the Development of Transnational Human Rights Litigation (Hart Publishing, Oxford, 2001). At the time the book was generated, the controversial nature of seeking globalised justice through national courts had become starkly apparent in the wake of the Pinochet case in which the Spanish legal system sought extradition of the former President of Chile from the United Kingdom in order to bring him to account under Spanish criminal law for a variety of alleged violations in Chile of human rights, most notably involving torture. Yet, …
Little House Of Horrors: Discrimination Against Boarding Home Tenants - Human Rights Legislation And The Charter, Meghan Mccreary
Little House Of Horrors: Discrimination Against Boarding Home Tenants - Human Rights Legislation And The Charter, Meghan Mccreary
Journal of Law and Social Policy
No abstract provided.
The International Labour Organization And The Worker's Compensation Reform Act: Conflict Between International Responsibility For Human Rights And Divided Jurisdiction, Edward M. Hyland
Journal of Law and Social Policy
No abstract provided.
Filling The "Charter Gap": Human Rights Codes In The Private Sector, Gavin W. Anderson
Filling The "Charter Gap": Human Rights Codes In The Private Sector, Gavin W. Anderson
Osgoode Hall Law Journal
The author considers the capacity of the federal and provincial human rights codes to deal with human rights abuses in the private sector. He compares the social democratic potential of the codes, with the classical liberalism of Charter jurisprudence, which shields the private sector from constitutional scrutiny. Four case studies are used: the definition of "offered to the public," mandatory retirement, the rights of the poor, and systemic discrimination. It is concluded that there are important similarities between the codes and the Charter, both at an institutional design and a doctrinal level. As a result, the codes have been unable …
Interdependence And Permeability Of Human Rights Norms: Towards A Partial Fusion Of The International Covenants On Human Rights, Craig Scott
Osgoode Hall Law Journal
Using the doctrine of interdependence of human rights as a starting point, the author considers the extent to which international human rights norms located in the International Covenant on Economic, Social and Cultural Rights (ICESCR) "permeate" the parallel International Covenant on Civil and Political Rights (ICCPR), thereby permitting certain social and economic rights to be subjected to the individual petition procedure under the ICCPR's Optional Protocol. After elucidating the notion of interdependence, the author evaluates the salience of the concept in international human rights discourse, and weighs this against arguments for the continued normative separation of the Covenants based on …