Digital Commons Network^™

Exploring Human Rights Implications Of Microfinance Initiatives, Rebecca Farrar

Rebecca Farrar

Abstract for Article: Exploring the Human Rights Implications of Microfinance Initiatives by Rebecca Farrar

Microfinance and microcredit (“MFI”) programs have been advanced as a way to make the world a better place. These programs involve making small loans to people who would otherwise be unable to borrow money to facilitate them starting their own businesses: frequently, the programs focus on women borrowers in developing countries. Muhammad Yunus of the Grameen Bank says microfinance and microcredit programs can literally end world poverty.

This Article explores MFI from several perspectives, with particular emphasis on human rights issues. The emphasis of MFI programs …

Corporate Social Responsibility And Workers’ Rights, Lance A. Compa

Lance A Compa

[Excerpt] Corporate social responsibility (CSR) brings an important dimension to the global economy. CSR can enhance human rights, labor rights, and labor standards in the workplace by joining consumer power and socially responsible business leadership—not just leadership in Nike headquarters in Oregon or Levi Strauss headquarters in California, but leadership in trading house headquarters in Taiwan and Hong Kong, and leadership at the factory level in Dongguan and Shenzhen. Ten years ago, I would not have said this. I viewed corporate social responsibility and corporate codes of conduct as public relations maneuvers to pacify concerned consumers. Behind a facade of …

The Right Of Public Participation In The Law-Making Process And The Role Of The Legislature In The Promotion Of This Right, Karen Czapanskiy, Rashida Manjoo

Karen Czapanskiy

In 2006, the South African Constitutional Court found a constitutional right to participate in the legislative process in the case of Doctors for Life, Case CCT 12/05 (decided 17 August 2006). In this article, we argue that, first, legislation is better when legislators are required to invite and attend to public input, and, second, citizenship is better when legislators are required to invite and attend to public input. Doctors for Life puts South Africa on the road to improving both legislation and citizenship. In the United States, this road is largely untraveled. While rejecting traditional representative democracy as an adequate …

Human Rights Protection Under The Nigerian Constitution, Ibrahim Sule

Ibrahim Sule

No abstract provided.

Between Rogues And Liberals: Towards Value Pluralism As A Theory Of Freedom Of Religion In International Law, Peter G. Danchin

Peter G. Danchin

No abstract provided.

Developing An Effective Criminal Justice Response To Human Trafficking: Lessons From The Front Line, Anne T. Gallagher, Paul Holmes

Anne T Gallagher

Trafficking in persons now affects all regions and most countries of the world. Over the past decade, there has been increasing acceptance of the need for an effective, internationally coordinated response. However, the practical difficulties in realizing this goal are considerable. No country can yet lay claim to genuine, extensive experience in dealing with trafficking as a criminal phenomenon. Most are developing and adapting their responses on the run, often under strong political pressure, and principally through trial and error. While communication between national agencies on this issue is improving, there is still very little cooperation or cross-fertilization of ideas …

Bloodstains On A "Code Of Honor", Kenneth Lasson

Kenneth Lasson

Abstract In the real world of the Twenty-first Century, deep biases against women are prevalent in much of Muslim society. Although there is no explicit approval of honor killing in Islamic law (Sharia), its culture remains fundamentally patriarchal. As unfathomable as it is to Western minds, “honor killing” is a facet of traditional patriarchy, and its condonation can be traced largely to ancient tribal practices. Justifications for it can be found in the codes of Hammurabi and in the family law of the Roman Empire. Unfortunately, honor killings in the Twenty-first Century are not isolated incidents, nor can they be …

People's Tribunal On Torture Karnataka Report, Saumya Uma

Dr. Saumya Uma

Indigenous Recognition In International Law: Theoretical Observations, Patrick Macklem

Patrick Macklem

Drawing on a classic essay by Hans Kelsen, this Article addresses the status of indigenous peoples in international law. It argues that the criteria for determining the legal existence of indigenous peoples in international law are a function of the nature and purpose of international indigenous rights. The twentieth century legal history of international indigenous rights, from their origins in international protection of indigenous workers in colonies to their contemporary expression in the United Nations Declaration on the Rights of Indigenous Peoples, demonstrates that their purpose is to mitigate injustices produced by how the international legal order treats sovereignty as …

Human Rights, Humanitarian Law And The "War On Terrorism" In Afghanistan, Peter G. Danchin

Peter G. Danchin

No abstract provided.

Religion, Religious Minorities And Human Rights: An Introduction, Peter G. Danchin

Peter G. Danchin

No abstract provided.

People's Tribunal On Torture Tamil Nadu Report, Saumya Uma

Dr. Saumya Uma

Human Tracking Technology In Mutual Legal Assistance And Police Inter-State Cooperation In International Crimes, Katina Michael, G. L. Rose

Professor Katina Michael

The objective of this paper is to explore the role of human tracking technology, primarily the use of global positioning systems (GPS) in locating individuals for the purposes of mutual legal assistance (MLA), and providing location intelligence for use in inter-state police cooperation within the context of transnational crime. GPS allows for the 24/7 continuous real-time tracking of an individual, and is considered manifold more powerful than the traditional visual surveillance often exercised by the police. As the use of GPS for human tracking grows in the law enforcement sector, federal and state laws in many countries are to a …

On Armed Conflict, Human Rights, And Preserving The Rule Of Law In Latin America, Luz Estella Nagle

Luz Estella Nagle

The rule of law in Latin America is under great stress due to ongoing internal armed conflict, the proliferation of criminal gangs and international crime organizations, the presence of international terrorist cells in the region, government corruption, citizens’ loss of faith in their governments, and other social and political factors all conspire to cast the Latin American world into a region of transborder conflict, lawlessness, and long term political and social instability.

This article examines the impact on the rule of law in Latin America from internal armed conflict and its attendant terrorism and human rights violations committed by state …

Accountable Intelligence And Intelligent Accountability, Mary O'Rawe

Mary O'Rawe

Abstract Intelligence led policing is in the ascendancy on a global level. This poses serious and often delegitimated questions around law’s ability to prevent and sanction wrongdoing by state security agents. The ramifications of law’s failures are particularly felt in conflicted and post conflict societies. This paper, through the prism of the Northern Ireland experience, problematises the more global sanitation and reification of ‘covert intelligence’ approaches and their potential to contribute to insecurity rather than security.

Entrenched Inequity: Health Care In The United States Of America, Jean Connolly Carmalt, Sarah Zaidi, Alicia Ely Yamin

Jean Connolly Carmalt

This article analyzes the U.S. system for delivering health services in terms of the international human rights standards that apply to the human right to health. To that end, the article evaluates whether the health care system provides available, accessible, acceptable, and quality health goods and services. It finds that the United States fails to provide available care because services are insufficient in quantity and not located in reasonable proximity to all communities; that it fails to provide accessible care because of financial barriers to access and overly complicated requirements for access; that it fails to provide acceptable care because …

Exploitation Nation: The Thin And Grey Legal Lines Between Trafficked Persons And Abused Migrant Laborers, Dina Haynes

Dina Haynes

People around the world are on the move, pushed by external events such as civil war, political upheaval, and increasingly environmental disasters and pulled by the lure of a better life, a better job, a better way to provide for their families. The United States has created an inconsistent legal framework for responding to the exploitation of immigrants, dependent on the degree of victimhood, with the label of victim only frugally bestowed upon those who are also viewed as essential to sustaining the US economy. Trafficked persons are not useful to legitimate US businesspersons, and are accordingly protected. Agricultural and …

Toward An Alternative Normative Framework For Copyright: From Private Property To Human Rights, Mary Wong

Mary Wong

As a species of intellectual property, copyrightable works are assumed to be a form of private property, for which exclusive rights are conferred and which may be assigned, licensed and transferred as property. This article questions this fundamental assumption, in terms of both its consequences on rights of access and use by non-owners, and its limitations on the ability of copyright law to accommodate broader socio-cultural norms and values embodying wider notions of creativity and development. It argues that, for copyright law to more fully reflect these norms and values, a more flexible framework is required. Although attempts have been …

Toward An Alternative Normative Framework For Copyright: From Private Property To Human Rights, Mary Wong

Mary Wong

As a species of intellectual property, copyrightable works are assumed to be a form of private property, for which exclusive rights are conferred and which may be assigned, licensed and transferred as property. This article questions this fundamental assumption, in terms of both its consequences on rights of access and use by non-owners, and its limitations on the ability of copyright law to accommodate broader socio-cultural norms and values embodying wider notions of creativity and development. It argues that, for copyright law to more fully reflect these norms and values, a more flexible framework is required. Although attempts have been …

Poverty, Trade, And Political Theory, Fernando R. Teson

Fernando R Teson

Economists generally agree that free trade leads to economic growth. This proposition is supported both by theoretical models and empirical data. Further, while the empirical evidence is more limited on this question, the general consensus among economists holds that trade restrictions are likely to hurt the poor. Even if the latter consensus turns out to be wrong, if free trade leads to superior growth, governments would have more resources to redistribute to the poor. It is surprising then that philosophers do not advocate liberalizing trade as a way to improve the welfare of the poor as a class. While many …

Feeling Good Or Doing Good: Inefficacy Of The U.S. Unilateral Sanctions Against The Military Government Of Burma/Myanmar, Thihan M. Nyun

Thihan M Nyun

No abstract provided.

Defining A Core Zone Of Protection In Asylum Law: Refocusing The Analysis Of Membership In A Particular Social Group To Utilize Both The Social Visibility And Group Immutability Component Approaches., Stanley Dale Radtke

Stanley Dale Radtke, Esq.

The current analytical approach employed in assessing the merits of a new and novel claim for asylum, based upon “membership in a particular social group,” looks to define an outer boundary, or attempts to draw a bright-line rule where relief is granted or denied. This line drawing approach has proven to be exceedingly difficult in practice, as there currently is no agreed upon definition of what constitutes membership in a particular social group, let alone an agreed upon test for evaluating such a claim. By establishing such a core zone of protection, decision makers can feel secure in deciding the …

Self-Determination And Cultural Rights, Ana Filipa Vrdoljak

Ana Filipa Vrdoljak

Self-determination has broadly two components: one relates to participation and the other concerns identity. Until recently, contemporary discourse on self-determination has largely centred on the former. Yet, from its earliest conceptions, self-determination has been inextricably tied to notions of identity of peoples - and cultural rights. This paper examines the evolving link between self-determination and cultural rights in modern international law. By detailing this often tandem, sometimes overlapping, development, it is argued that the reformulation and reinforcement of self-determination in recent decades has had an accompanying impact upon cultural rights.

Access To Justice For Minority Groups, Ana Filipa Vrdoljak

Ana Filipa Vrdoljak

From the 1648 Treaty of Westphalia to the present-day efforts to resolve the fate of Kosovo, the community of states have continually been preoccupied with minorities. The demarcation of state territorial boundaries often means that there are groups distinguishable from the governing elites or majority. This situation may result in discrimination or persecution of minorities and their members; or conversely, agitation by the minority or its representatives for special treatment or secession.

The threat that this potentially volatile situation poses for regional and international peace and security explains the international community's recurring efforts in the field. It is not surprising …

Remembering And Reconciliation: An International Law Perspective, Ana Filipa Vrdoljak

Ana Filipa Vrdoljak

Most states are going through or have gone through periods of ‘transition’ which have involved a collective confrontation with past painful events. However, since the 1990s, there has been a proliferation of legal and non-legal mechanisms created to promote reconciliation and accountability in post-authoritarian or post-conflict societies. These mechanisms have been heavily influenced by (and have influenced) international law norms in the field of human rights, humanitarian law and international criminal law. Failure to address promptly and effectively the lingering legacy of gross violations of human rights law or serious violations of international humanitarian law impact on victims directly and …

Human Rights And Gun Confiscation, David B. Kopel

David B Kopel

This Article addresses a human rights problem which has been generally ignored by the advocates of firearms confiscation: the human rights abuses stemming from the enforcement of coercive disarmament laws.

Part I conducts a case study of the U.N.-supported gun confiscation program in Uganda, a program which has directly caused massive, and fatal, violations of human rights. Among the rights violated have been those enumerated in Article 3 (“the right to life, liberty and security of person” ) and Article 5 (“No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment”) of the Universal …

Hostile Public Accommodations Laws And The First Amendment, Daniel Koontz

Daniel Koontz

State and municipal Human Rights Commissions have recently begun aggressively interpreting public accommodations laws to punish the speech of proprietors of bars, restaurants, country clubs, and other public accommodations. The theory is that if a proprietor says something to a customer—or even displays artwork, decorations, or signs—that could potentially offend the customer based on race, religion, sex, or ancestry, the proprietor has created a “hostile environment” which denies the customer “full and equal enjoyment” of the public accommodation.

Proprietors can face liability even in the absence of allegations that they refused service to a customer. In one case, a human …

Can't Live With 'Em, Can't Deport 'Em: Why Immigration Reform Efforts Have Failed, Marisa Cianciarulo

Marisa S. Cianciarulo

Abstract: The United States has a passionate love/hate relationship with undocumented immigrants. The refrain “We are a nation of immigrants” competes with the exhortation “We are being invaded.” Many Americans fault undocumented immigrants for breaking U.S. laws, not waiting their turn in line for lawful immigration and diluting already scarce public resources. Other Americans applaud the strong work ethic that many undocumented immigrants exhibit and the economic strength they bring to the country. In the post-September 11 years, the debate has reached a boiling point.

The conflicting emotions of the immigration debate aside, the United States’ need for immigration is …

Posthumous Children, Hegemonic Human Rights And The Dilemma Of Reform: Conversations Across Cultures, Uche Ewelukwa

Uche Ewelukwa

A critical analysis of posthumous conception African style (“PPAS”) and posthumous conception Western style (“PPWS”) reveals inconsistencies between the two practices and sheds light on similarities in practices across cultures and civilizations - similarities that are seemingly ignored by international human rights bodies and human rights activists. Under PPAS, there are at least four ways in which a child can be conceived posthumously. A commonality among all four is that no genetic link exists between the dead man and any children attributable to him. PPAS has and continues to be used in many patrilineal African cultures in order to ensure …

The Trafficking And Exploitation Victims Assistance Program: A Proposed Early Response Plan For Victims Of International Human Trafficking In The United States, Marisa S. Cianciarulo

Marisa S. Cianciarulo

The Trafficking Victims Protection Act, ground-breaking legislation designed to punish traffickers and protect victims, is not reaching its full potential as a powerful tool against international human trafficking. A principal component of the Act - the availability of special T visas for trafficking victims who cooperate with law enforcement officials against their traffickers - is failing to reach its intended beneficiaries. According to U.S. government statistics, less than one percent of individuals trafficked into the United States have received protection in the form of a T visa. This article identifies weaknesses in the T visa system and proposes reforms designed …