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Articles 1 - 14 of 14
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The Anglo-Latin Divide And The Future Of The Inter-American System Of Human Rights, Paolo G. Carozza
The Anglo-Latin Divide And The Future Of The Inter-American System Of Human Rights, Paolo G. Carozza
Paolo G. Carozza
A former President of the Inter-American Commission on Human Rights, Paolo Carozza draws on his personal experience to identify and propose solutions for a key flaw in the Inter-American Human Rights System: the division between English-language member states and states with Latin-based languages. Terming this division "The Anglo-Latin Divide," Carozza traces the division not only to linguistic difference, but also to differences in legal traditions. He explains how the differences between Anglo tradition of common law and the Latin tradition of civil law manifest in both substantive and procedural divides within the Inter-American Human Rights system, including in sensitive areas …
"They Are Our Brothers, And Christ Gave His Life For Them": The Catholic Tradition And The Idea Of Human Rights In Latin America, Paolo G. Carozza
"They Are Our Brothers, And Christ Gave His Life For Them": The Catholic Tradition And The Idea Of Human Rights In Latin America, Paolo G. Carozza
Paolo G. Carozza
No abstract provided.
The Place Of Freedom Of Religion In Human Rights, Paolo G. Carozza
The Place Of Freedom Of Religion In Human Rights, Paolo G. Carozza
Paolo G. Carozza
No abstract provided.
Fundamental Rights, Moral Law, And The Legal Defense Of Life In A Constitutional Democracy, Martin Rhonheimer, Paolo G. Carozza
Fundamental Rights, Moral Law, And The Legal Defense Of Life In A Constitutional Democracy, Martin Rhonheimer, Paolo G. Carozza
Paolo G. Carozza
Article by Martin Rhonheimer, translated by Paolo G. Carozza.
The Catholic Church, Human Rights, And Democracy: Convergence And Conflict With The Modern State, Paolo G. Carozza, Daniel Philpott
The Catholic Church, Human Rights, And Democracy: Convergence And Conflict With The Modern State, Paolo G. Carozza, Daniel Philpott
Paolo G. Carozza
This book chapter traces the history of the Catholic Church's relationship to the modern state, focusing on the idea of sovereignty and the development of human rights and democracy. It argues that the Catholic Church's relationship to human rights and democracy in the modern world can only be understood as reflective of both a historical convergence and a persistent tension and ambivalence. The first part argues for this dual theme in the development of Catholic doctrine, where today, as over the past several centuries, the Church's conception of the common good yields both an embrace of human rights and democracy …
Cultivating Democracy: Community Organizing In Haiti, Paolo G. Carozza
Cultivating Democracy: Community Organizing In Haiti, Paolo G. Carozza
Paolo G. Carozza
No abstract provided.
Uses And Misuses Of Comparative Law In International Human Rights: Some Reflections On The Jurisprudence Of The European Court Of Human Rights, Paolo G. Carozza
Uses And Misuses Of Comparative Law In International Human Rights: Some Reflections On The Jurisprudence Of The European Court Of Human Rights, Paolo G. Carozza
Paolo G. Carozza
No abstract provided.
Human Dignity And Judicial Interpretation Of Human Rights: A Reply, Paolo G. Carozza
Human Dignity And Judicial Interpretation Of Human Rights: A Reply, Paolo G. Carozza
Paolo G. Carozza
This essay is a reply to Christopher McCrudden's Human Dignity and Judicial Interpretation of Human Rights, 19 EJIL 655 (2008). It argues that McCrudden's study of the uses of the idea of human dignity in constitutional human rights adjudication confirms the thesis that there is at present an emerging global ius commune of human rights. Although McCrudden understates the existence and value of transnational agreement about human dignity and instead emphasizes divergences in the judicial uses of human dignity, in fact there is good reason to regard the core recognition of the status and principle of human dignity as more …
Continuity And Rupture In "New Approaches To Comparative Law", Paolo G. Carozza
Continuity And Rupture In "New Approaches To Comparative Law", Paolo G. Carozza
Paolo G. Carozza
No abstract provided.
Transcript: Advocacy Before Regional Human Rights Bodies: A Cross-Regional Agenda, Victor Abramovich, Charlotte De Broutelles, Santiago Canton, Paolo Carozza, Andrew Drzemczewski, Jonathan Fanton, Leonardo Franco, Felipe González, Claudio Grossman, Elizabeth Abi-Mershed, Bahame Tom-Mukirya Nyanduga, Diane Orentlicher, Fatsah Ouguergouz, Diego Rodriguez-Pinzón, Sergio Garcia Ramirez, Manuel Ventura Robles, Pablo Saavedra
Transcript: Advocacy Before Regional Human Rights Bodies: A Cross-Regional Agenda, Victor Abramovich, Charlotte De Broutelles, Santiago Canton, Paolo Carozza, Andrew Drzemczewski, Jonathan Fanton, Leonardo Franco, Felipe González, Claudio Grossman, Elizabeth Abi-Mershed, Bahame Tom-Mukirya Nyanduga, Diane Orentlicher, Fatsah Ouguergouz, Diego Rodriguez-Pinzón, Sergio Garcia Ramirez, Manuel Ventura Robles, Pablo Saavedra
Paolo G. Carozza
No abstract provided.
From Conquest To Constitutions: Retrieving A Latin American Tradition Of The Idea Of Human Rights, Paolo G. Carozza
From Conquest To Constitutions: Retrieving A Latin American Tradition Of The Idea Of Human Rights, Paolo G. Carozza
Paolo G. Carozza
This article explores the historical roots of the Latin American region's strong commitment to the idea of universal human rights, focusing on four key intellectual moments: the ethical response to the Spanish conquest; the rights ideology of the continent's liberal republican revolutions; the articulation of social and economic rights in the Mexican Constitution of 1917; and the Latin American contributions to the genesis of the Universal Declaration of Human Rights. Constructing a narrative from these examples, the article argues for the recognition of a distinct Latin American tradition within the global discourse of human rights.
Organic Goods: Legal Understandings Of Work, Parenthood, And Gender Equality In Comparative Perspective, Paolo G. Carozza
Organic Goods: Legal Understandings Of Work, Parenthood, And Gender Equality In Comparative Perspective, Paolo G. Carozza
Paolo G. Carozza
The United States and Italy have taken quite different approaches toward providing legal protections for working parents. This Article uses a comparative perspective to highlight crucial aspects of the American legal and cultural attitudes towards parental leave. The author demonstrates how deeply rooted beliefs about equality, work, and family life have influenced the development of parental leave law. In particular, the Article describes how Italian law rests on notions of fundamental social equality, as well as on views concerning the importance of the interests of children and the family. As a result of this broad conception of the interests involved, …
"My Friend Is A Stranger": The Death Penalty And The Global Ius Commune Of Human Rights, Paolo G. Carozza
"My Friend Is A Stranger": The Death Penalty And The Global Ius Commune Of Human Rights, Paolo G. Carozza
Paolo G. Carozza
This article examines the judicial use of foreign jurisprudence in human rights adjudication, using as data a set of court decisions regarding the death penalty from over a dozen different tribunals in different parts of the world. The global human rights norms and judicial discourse on human rights in these cases can be understood and explained by comparing the contemporary practices to the medieval ius commune. The modern ius commune of human rights has three distinct characteristics which it shares with the historical example to which it is analogized: it is broadly transnational in scope and application; it is grounded …
Subsidiarity As A Structural Principle Of International Human Rights Law, Paolo G. Carozza
Subsidiarity As A Structural Principle Of International Human Rights Law, Paolo G. Carozza
Paolo G. Carozza
This article argues that the principle of subsidiarity should be recognized as a structural principle of international human rights law primarily because of the way that it mediates between the universalizing aspirations of human rights and the fact of the diversity of human communities in the world. The idea of subsidiarity is deeply consonant with the substantive vision of human dignity and the universal common good that is expressed through human rights norms. Yet, at the same time it promotes respect for pluralism by emphasizing the freedom of more local communities to realize their own ends for themselves. Looking at …