Digital Commons Network^™

The Emerging Crime Of Persecution Based On Sexual Orientation, Anthony J. Colangelo

Northwestern Journal of Human Rights

This Article argues that persecution based on sexual

orientation constitutes a crime against humanity under international law.

Unlike other scholarship that has focused on the definition of crimes against

humanity in the 1998 Rome Statute for the International Criminal Court—

which does not explicitly enumerate “sexual orientation” as a protected

classification—this Article looks to customary international law made up by

the practices of states.

Diligent research has revealed that between 1998 and 2022, at least 107

states enacted laws or revised existing laws decriminalizing sexual

orientation and/or categorizing sexual orientation as a protected

classification from discrimination. This is in addition …

Human Rights, Trans Rights, Prisoners’ Rights: An International Comparison, Tom Butcher

Northwestern Journal of Law & Social Policy

In this Note, I conduct an international comparison of the state of trans prisoners’ rights to explore how different national legal contexts impact the likelihood of achieving further liberation through appeals to human rights ideals. I examine the United States, Canada, the United Kingdom, Australia, India, Argentina, and Costa Rica and show the degree to which a human rights framework has been successful thus far in advancing trans prisoners’ rights. My analysis also indicates that the degree to which a human rights framework is likely to be successful in the future varies greatly between countries. In countries that are hesitant …

Foreword, David M. Shapiro, Emily Mccormick, Annie Prossnitz

Northwestern University Law Review

No abstract provided.

Consensus Statement From The Santa Cruz Summit On Solitary Confinement And Health

Northwestern University Law Review

No abstract provided.

Children Left Behind Bars: Sullivan, Graham, And Juvenile Life Without Parole Sentences, Tera Agyepong

Northwestern Journal of Human Rights

The practice of sentencing children to life in prison without parole is not only a misguided violation the standards of decency in U.S. law, but also a violation of international human rights law as well. The Supreme Court had the opportunity to eradicate the practice of sentencing children to LWOP when it heard the cases of and . However, the Court ruled that LWOP sentences would only be prohibited in cases where children committed non-homicide offenses. The Supreme Court should have categorically banned juvenile LWOP because it violates both domestic and international human rights law and has a disparate impact …

Should New Bills Of Rights Address Emerging International Human Rights Norms? The Challenge Of "Defamation Of Religion", Robert C. Blitt

Northwestern Journal of Human Rights

The emerging international human rights norm of "defamation of religion," an ongoing flashpoint in debates at the United Nations (UN) and elsewhere, merits the attention of all parties playing a role in the drafting of new bills of rights. This article uses the case study of defamation of religion, as an emerging norm and the current debate over a possible Australian bill of rights, to argue that a well-rounded drafting process. This drafting process should contemplate the relevancy and impact of emerging norms as a means of enhancing the process, deepening domestic understanding of rights, and ensuring an outcome instrument …

U.S. Reservations To The International Covenant On Civil And Political Rights: Credibility Maximization And Global Influence, Kristina Ash

Northwestern Journal of Human Rights

No abstract provided.

Concluding Remarks, Douglass Cassel

Northwestern Journal of Human Rights

No abstract provided.

Civil And Human Rights Violations In Northern Ireland: Effects And Shortcomings Of The Good Friday Agreement In Guaranteeing Protections, Lynn Wartchow

Northwestern Journal of Human Rights

No abstract provided.

Commentary By Ambassadors To The United Nations, Henry Bienen, Feisal Istrabadi, Jan Wouters, Sir David Hannay

Northwestern Journal of Human Rights

No abstract provided.

The Globalization Of Human Rights: Consciousness, Law And Reality, Douglass Cassel

Northwestern Journal of Human Rights

No abstract provided.

The Special Court For Sierra Leone And The Juvenile Soldier Dilemma, Joshua A. Romero

Northwestern Journal of Human Rights

No abstract provided.

Public Law, Private Actors: The Impact Of Human Rights On Business Investors In China Symposium: Doing Business In China, Diane F. Orentlicher, Timothy A. Gelatt

Northwestern Journal of International Law & Business

Should companies invest at all in countries, like China, where severe human rights abuses are pervasive? If they do invest, should they restrict their operations to areas of the country that have a comparatively good human rights record? Are there basic principles that transnational companies should observe to ensure, at a minimum, that they do not become complicit in a host government's abrogation of universally-recognized human rights? Should such principles be enforced by Executive or congressional fiat, or should companies take primary responsibility for policing themselves? How can companies that wish to factor human rights considerations into their business decisions …