Digital Commons Network^™

The View From Norge: Rights-Based Discourse And Human Rights Education In Norway, David A. Tow

International Journal of Human Rights Education

This paper uses the author’s time as a Fulbright Roving Scholar in American Studies to Norway as an entrée into exploring human rights discourse and Human Rights Education in Norway, a country that is often thought of as one of the centers of human rights work in Europe—and appreciates this association. It begins by situating human rights in Norwegian law and history, connecting it to the author’s home and teaching context. It then recounts the experience of serving as Roving Scholar, connecting it to observations both positive and potentially detrimental within Norway, concluding with some brief thoughts on a balance …

Basic Needs Insecurity In U.S. Colleges: Human Rights Unfulfilled, Sarita Cargas, Tammy Thomas

International Journal of Human Rights Education

There have now been fifteen years of research on the basic needs of college students in the U.S. The studies have primarily focused on assessing the prevalence of food and housing insecurity. Determining who is responsible and finding solutions have been less emphasized. The scholarship has also not framed the problems of students’ basic needs insecurity (BNI) as human rights violations. This article argues that applying a human rights lens to the issue reveals that the rights to education, food, and shelter are not being realized, but further, higher education institutions bear considerable responsibility for addressing BNI. Human rights education …

Volume 8, Monisha Bajaj, Jazzmin C. Gota, David A. Tow

International Journal of Human Rights Education

No abstract provided.

The World Health Organization Was Born As A Normative Agency: Seventy-Five Years Of Global Health Law Under Who Governance, Lawrence O. Gostin, Benjamin Mason Meier, Safura Abdool Karim, Judith Bueno De Mesquita, Gian Luca Burci, Danwood Chirwa, Alexandra Finch, Eric A. Friedman, Roojin Habibi, Sam F. Halabi, Tsung-Ling Lee, Brigit Toebes, Pedro Villarreal

Georgetown Law Faculty Publications and Other Works

The World Health Organization (WHO) was born as a normative agency and has looked to global health law to structure collective action to realize global health with justice. Framed by its constitutional authority to act as the directing and coordinating authority on international health, WHO has long been seen as the central actor in the development and implementation of global health law. However, WHO has faced challenges in advancing law to prevent disease and promote health over the past 75 years, with global health law constrained by new health actors, shifting normative frameworks, and soft law diplomacy. These challenges were …

Rembrandt’S Missing Piece: Ai Art And The Fallacies Of Copyright Law, Eleni Polymenopoulou

Washington Journal of Law, Technology & Arts

This article discusses contemporary problems related to Artificial Intelligence (AI), law and the visual arts. It suggests that the fallacies of copyright law are already visible in legal conundrums raised by AI in the creative sector. These include, for instance, the lack of uniformity in relation to creations’ copyrightability, the massive scale of copyright infringement affecting visual artists and the creative industry, and the difficulties in implementing media regulation and cyber-regulation. The deeply cherished ‘human authorship’ criterion that was sustained recently by a US Federal Appeals Court in Thaler, in particular, is a short-term solution to the legal challenges …

Evaluating The Administrative Detention Policy Between International Standards And Situation In The Occupied Palestinian Territory: The Role Of The Israeli Supreme Court In Consolidating Administrative Detention Against Palestinians, Ahmed Tareq Beshtawi, Nourhan Barahmi, Muath Madmouj

An-Najah University Journal for Research - B (Humanities)

The series of Israeli violations of human rights began with the start of Israel's occupation of Palestinian territories and continues until now. The occupying authorities have committed numerous violations and racist policies against the Palestinian people, which constitute a clear and explicit violation of international law. One of the most significant policies is the policy of administrative detention, systematically and continuously practiced by the occupying authorities against the Palestinian people. As every individual has the right to freedom and protection against arbitrary arrest, the policy of administrative detention deviates from the general norm. Therefore, it has been subjected to various …

Triumph Of Conviction: The Fall Of Communism In The Wake Of Helsinki's Human Rights, Michael Schroth

The Thetean: A Student Journal for Scholarly Historical Writing

When the Final Act of the Helsinki Accords was signed by the nations of Europe and North America in 1975, the potential effect of the document was met with skepticism. Those who were a party to the act expected little. Secretary of State Henry Kissinger, in uncaring fashion, said dismissively, "I don't care if they're written in Swahili. " Kissinger's counterpart, Andrei Gromyko, made sure Soviet authority was not questioned by stating, "We are masters in our own house." Nonetheless, the language contained in the Final Act definitely entitled all citizens of the signatory powers to specific human rights. These …

Humanitarian Intervention In International Relations: Trends And Practice, Ali Aldada

The World Research of Political Science Journal

The idea of humanitarian intervention is both an effective and vague idea, as it is a matter that invokes the right to resort to force despite the dedication of the United Nations Charter, the danger of resorting to force as a threat and by use, and this has led to the distinction between three directions: The second supports it, while the third restricts it. And due to the changes that occurred in the new international system, the intervention countries tended to use humanitarian purposes, to interfere in the affairs of other countries, as a result of the inability of the …

The Overlooked Communities Of Forced Displacement In The United States: Humanizing The Relocation Of Indigenous Tribes In The Face Of Climate Change, Jennifer O'Rourke

University of Cincinnati Law Review

No abstract provided.

“Reciprocal Illumination” Of Hinduism, Human Rights, And The Comparative Study Of Religion: Arvind Sharma’S Contributions, Nancy M. Martin

Religious Studies Faculty Articles and Research

Arvind Sharma has made immensely significant contributions in the fields of both comparative religion and the study of Hinduism through his methodology of “reciprocal illumination” and his prominent role in international conversations on women and religion, religion and human rights, freedom of religion, and religious tolerance and conflict. Aware of the power of religion and its negative valuation, especially post-September 11, he displays a deep commitment to fostering interreligious understanding, arguing for religion as an essential and positive partner in envisioning and actualizing human flourishing, upholding human dignity, and engaging in global ethical cooperation, and equally he demonstrates Hinduism’s potential …

Rethinking Female Genital Cutting Through Postcolonial Lens, Erika Carvalho

Theses and Dissertations

Due to global instabilities, the resulting international displacement and rising inter- cultural tensions within Western societies have relocated gendered cultural practicesat the center of contemporary debates on multiculturalism, social cohesion and migration. In this context, female genital cutting (FGC) has re-emerged as a symbol of savagery, portrayed as a symbol of “otherness”, a true global violation of women’s rights. While the increasing attention given to these practices is a testament to reinvigorated feminist activism, FGC has also been harnessed for the purposes of reproducing colonial discourses about the “Third World”, which have been integral to the revival of many policies …

Rethinking Female Genital Cutting Through Postcolonial Lens, Erika Carvalho

Theses and Dissertations

Due to global instabilities, the resulting international displacement and rising inter- cultural tensions within Western societies have relocated gendered cultural practices at the center of contemporary debates on multiculturalism, social cohesion and migration. In this context, female genital cutting (FGC) has re-emerged as a symbol of savagery, portrayed as a symbol of “otherness”, a true global violation of women’s rights. While the increasing attention given to these practices is a testament to reinvigorated feminist activism, FGC has also been harnessed for the purposes of reproducing colonial discourses about the “Third World”, which have been integral to the revival of many …

The Role Of Human Rights Indicators In Assessing Compliance With The Un Convention On The Rights Of People With Disabilities, Arlene S. Kanter

Georgia Law Review

In recent years, international human rights treaties have come under attack for failing to fulfill their promise. While it may be true that human rights treaties have not realized their full potential in every case, there is little discussion about how to measure the impact of treaties. This Article explores the ways in which we measure compliance with human rights treaties, focusing on the Convention on the Rights of People with Disabilities (CRPD). The CRPD entered into force in 2008. Since then, 188 States Parties have ratified it. In addition, the Office of the High Commissioner for Human Rights recently …

Energy Justice And Renewable Rikers, Rebecca Bratspies

University of Miami Law Review

Unsustainable energy practices generate the lion’s share of global carbon emissions as well as staggering levels of deadly particulate pollution. Replacing the current dirty, fossil fuel-based system with affordable, clean energy is both a human rights imperative and a climate change necessity. This transition, which has already begun, creates the opportunity to do things differently. By confronting the structural racism embedded in existing energy structures, we can build a just transition rather than just a transition. This Article uses New York City’s Renewable Rikers project as a case study to explore how we might take advantage of the intersections between …

Human Rights Without Borders, Christian Gonzalez Chacon

Northwestern Journal of Human Rights

In the current global context, millions of people are forced to migrate

yearly for reasons ranging from persecution and violence, internal armed

conflicts, and forced displacement, to lack of employment and climate

change. In the Americas, we recently witnessed the phenomenon of the

“migrant caravans,” where thousands of people, mostly from the Northern

Triangle of Central America—El Salvador, Honduras, and Guatemala—

were willing to walk hundreds of miles to enter the U.S.-Mexico border to

escape poverty and violence in their countries. Another caravan of close to

10,000 migrants from the Northern Triangle of Central America including

Guatemala, El Salvador and …

Food, Housing, And Racial Justice Symposium, Denisse Córdova Montes, Tamar Ezer, Photini Kamvisseli Suarez, Katherine Murray, Julian Seethal, Mackenzie Steele, Sarah Walters

University of Miami International and Comparative Law Review

No abstract provided.

Labor Rights In The Anthropocene: The Effects Of Climate Change On Undocumented Farm Workers, Sophia Anderson

Seattle Journal for Social Justice

No abstract provided.

Social Media As Fragile State, Caroline A. Haythornthwaite, Philip Mai, Anatoliy Gruzd

School of Information Studies - Faculty Scholarship

Social media platforms are grappling with how to respond to hate speech, misinformation, and political manipulation in ways that address human rights, free speech, and equality. As independent ‘states’, they are enacting their own rules of conduct, deriving their own ‘laws’, convening their own extrajudicial self regulatory institutions, and making their own interpretations and enactments of human rights. With the rise of social states such as Facebook, TikTok, X (formerly Twitter) and Reddit, how fragile are they in their ability to achieve outcomes of fair, equitable and consistent application of their own laws? Could an assessment of the fragility of …

Tigray Conflict And Political Development In Ethiopia: Assessing Governance, Political Participation And Human Rights., Olileanya Amuche Ezugwu, Moses M. Duruji

Journal of African Conflicts and Peace Studies

The escalation of intra-state conflicts in Africa has assumed an endemic nature, posing a challenge to regional stability. Conflicts have the capacity to not only cause physical destruction to individuals and property, but also impede the establishment and maintenance of the rule of law, undermine the legitimacy of states, and pose a threat to institutional structures. This paper examines the effect of the Tigray conflict on the political development of Ethiopia: election, political participation and human rights. The objectives of the study include examining the extent the Tigray conflict affected the political development of Ethiopia and efforts made to resolve …

Calming The Waters: The International Atomic Energy Agency As A Viable Model To Address Water Weaponization, Jenna Beasley

Emory International Law Review

No abstract provided.

Where Custom Dictates: A Comparison Of The Integration Of Customary Law In Nigeria And South Africa As Applicable To Custody And Family Law Dispute, Madelyn Cameron

Emory International Law Review

No abstract provided.

How The International Investment Law Regime Undermines Access To Justice For Investment-Affected Stakeholders, Ladan Mehranvar

Columbia Center on Sustainable Investment

For over a decade now, the international investment law regime, which includes investment treaties and their central pillar, the investor-state dispute settlement (ISDS) mechanism, has been facing sustained calls for reform. These have largely centered on the concerns regarding the high costs of ISDS, the restrictions placed by the investment treaty regime on the right—or duty—of states to regulate in the public interest, and the questionable benefits arising from these treaties in the first place. Several states have taken proactive measures: some have revised investment treaty standards to better protect their regulatory powers; others have introduced new approaches to investment …

Breaking Cultural And Financial Barriers In Olympic Sports, Maureen A. Weston, Professor Of Law

Vanderbilt Journal of Entertainment & Technology Law

Nelson Mandela has said that “[s]port has the power to change the world. It has the power to inspire. It has the power to unite people in a way that little else does . . . . It is more powerful than governments in breaking down barriers.” Sports can have tremendous value, not only to the individual participants in promoting physical and mental health, skills, and teamwork, but also to society in fostering community, civic pride, and a sense of belonging, even among the fans. Sports have significant economic, political and cultural impacts at the local, national, and international spheres. …

The Impact Of Armed Drones On Human Security Goals, Sarath Kakani

CMC Senior Theses

The rapid proliferation of armed drones around the globe has sparked a debate on their benefits and their tradeoffs. Through a traditional security perspective, drones are the ideal weapon of the future: incredible technological capabilities lend tactical advantages to any military that owns drones. They allow actors to strike at enemy combatants without no risk to their own troops and minimal risk to any civilian bystanders. Yet through a nontraditional human security lens, armed drones have been nothing short of a disaster in protecting civilians and reducing collateral damage. The tactical advantages they lend users are some of their most …

Pandemics Of Limitation Of Rights, Rinat Kitai-Sangero

Touro Law Review

This Article discusses the limitation of rights due to pandemics. It analyzes from a constitutional standpoint the holding of the German Federal Constitutional Court (Das BUNDESVERFASSUNGSGERICHT) from April 2022 as a symptom of moral panic disguised through an analytical process. Though it focuses on this case, it sheds light on the moral panic that characterized many countries’ approaches during the COVID-19 pandemic. On April 27, 2022, the German Federal Constitutional Court held that a provision to provide proof of vaccination against COVID-19, recovery from COVID-19, or a medical exemption to COVID-19 vaccination as a condition of employment in the health …

Nichole Coleman. The Right To Difference: Interculturality And Human Rights In Contemporary German Literature. University Of Michigan Press, 2021., Priscilla D. Layne

Studies in 20th & 21st Century Literature

Review of Nichole Coleman. The Right to Difference: Interculturality and Human Rights in Contemporary German Literature. University of Michigan Press, 2021. 270 pp.

Human Rights In Hospitals: An End To Routine Shackling, Neil Singh Bedi, Nisha Mathur, Judy D. Wang, Avital Rech, Nancy Gaden, George J. Annas, Sondra S. Crosby

Faculty Scholarship

Medical students (NSB, NM, JDW) spearheaded revision of the policy and clinical practice for shackling incarcerated patients at Boston Medical Center (BMC), the largest safety net hospital in New England. In American hospitals, routine shackling of incarcerated patients with metal restraints is widespread—except for perinatal patients—regardless of consciousness, mobility, illness severity, or age. The modified policy includes individualized assessments and allows incarcerated patients to be unshackled if they meet defined criteria. The students also formed the Stop Shackling Patients Coalition (SSP Coalition) of clinicians, public health practitioners, human rights advocates, and community members determined to humanize the inpatient treatment of …

A Critical Juncture For Human Rights In Global Health: Strengthening Human Rights Through Global Health Law Reforms, Benjamin Mason Meier, Luciano Bottini Filho, Judith Bueno De Mesquita, Roojin Habibi, Sharifah Sekalala, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

The 1948 Universal Declaration of Human Rights (UDHR), establishing a human rights foundation under the United Nations (UN), has become a cornerstone of global health, central to public health policies throughout the world. As the world commemorates the 75th anniversary of the UDHR on 10 December, this “Human Rights Day” celebration arrives at a critical juncture for human rights in global health, raising an imperative for World Health Organization (WHO) reforms to strengthen the right to health and health-related human rights.

Slapp Suits: An Encroachment On Human Rights Of A Global Proportion And What Can Be Done About It, Laura Lee Prather

Northwestern Journal of Human Rights

Freedom of expression is the underpinning of all other freedoms. Yet, increasingly, journalists, citizens, advocacy groups, whistleblowers, academics, and media organizations are being targeted and subjected to judicial harassment for informing the public about matters of public concern, denouncing authoritarian regimes, and exposing wrongdoing. These meritless lawsuits do not seek to right a wrong, but rather to silence and intimidate critics. They are known as “Strategic Lawsuits Against Public Participation” (“SLAPP” suits) and are on the rise globally. Because SLAPP suits are designed to inhibit ongoing investigations, stifle informed public debate, and prevent legitimate public interest reporting, they present a …

Climate Change In The Courts: A 2023 Retrospective, Maria Antonia Tigre, Margaret Barry

Sabin Center for Climate Change Law

Drawing from the jurisdictions covered in the Sabin Center's United States (U.S.) and Global Climate Litigation databases, this report offers insights into key developments, emerging themes, evolving legal strategies, and the pulse of climate litigation in 2023.