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.

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.

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.

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.

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. …

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.

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 …

Symposium Introduction: Walking With Destiny, Roy L. Brooks

San Diego Law Review

During the Enlightenment, the poet Robert Burns lamented, “Man’s inhumanity to man [m]akes countless thousands mourn.” Burns was looking back over centuries of human injustices—atrocities—as the empirical basis for his mournful reflection. But even now, long after the Enlightenment, we have not been able to curb our proclivity for committing atrocities. What we have been able to do after all these centuries, however, is enlarge the human capacity for redressing—repairing—the damage wrought by our atrocities. As atrocities do not appear to be ending, redress has become our destiny.

California is attempting to walk with this destiny. Our most populous state …

Internet Freedom During Crises: Limits And Restrictions, Ibrahim Al Khasawneh, Abdulkareem Aldebaisi

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

The study aimed to reveal the limitations imposed by some political systems in the world to restrict Internet freedom during political crises, conflict, and the dangers of those limitations, restrictions on freedom of expression and human rights. The study adopted the descriptive approach to explain the theoretical framework of the concept of freedom of human use of the Internet, freedom of the Internet as a human right, the role of the Internet in encouraging freedom of expression of public opinion, the types of restrictions imposed on it in normal circumstances and in times of crisis, and the motives of those …

Environmental (In)Justice: Evaluating The Factors That Led To The Jackson Water Crisis & Proposing A Solution For Environmental Justice In Mississippi, Emily Brennan

Mississippi College Law Review

40,000. That is the number of residents that were left without potable water for nearly five weeks during Jackson, Mississippi’s February 2021 water crisis. An unusual cold front rolled through, freezing plant equipment, bursting water pipes, and causing many in Jackson to lose access to running water. This was not, however, the first time that Jackson residents had endured hardships with regard to their drinking water—it was just the first time that national attention turned to, and has seemed to remain on, Mississippi’s capital city. Those in Jackson are all too familiar with water pipes bursting, low water pressure, boil …

Wide Area Motion Imagery And The Colonial Antecedents Of Surveillance, Dinesh Napal

Journal of Strategic Security

Wide area motion imagery (WAMI) technologies are procured by federal and state security institutions across the United States, due to their capacity to surveil at an extraordinary scale. Innovation in WAMI development seeks to make them more compact or convenient to use and employ in a variety of situations. The increased use of WAMI, particularly through uncrewed aerial combat vehicle (UCAV) systems and operations, is able to render visible people, communities, and behaviors at an unprecedented level. This has implications for individuals’ and communities’ perception of surveillance and the ontology of security. The experience of being secured or kept safe …

To Have And To Be: An International Human Right To Clean, Healthy, And Sustainable Environment, Deepa Badrinarayana

William & Mary Environmental Law and Policy Review

In July 2022, the United Nations General Assembly passed Resolution 76/300 (“the Resolution”)—affirming a human right to clean, healthy, and sustainable environment (“environmental human rights”). The Resolution essentially affirms a linkage between environmental human rights and “other rights and existing international law,” and “calls upon States, international organizations, business enterprises and other relevant stakeholders to adopt policies, to enhance international cooperation, strengthen capacity-building and continue to share good practices,” to achieve environmental human rights.

[...]

This Article offers a glass half-full perspective on the Resolution, with the caveat that the glass could rapidly become empty unless the right is internalized …

Exploring The African Regional Human Rights Standards As The Basis For An Enabling Environment For Self-Managed Abortion, Lucia Berro Pizzarossa, Michelle Maziwisa, Ebenezer Durojaye

Washington and Lee Journal of Civil Rights and Social Justice

Self-managed abortion holds great promise to save lives and promote reproductive autonomy, particularly in Africa. Indeed, the African region records very high numbers of unsafe abortions, and the burden of abortion-related mortality is the highest globally. Abortion remains generally criminalized in violation of numerous internationally and regionally recognized human rights standards. The advent of abortion medicines and the increased grassroots energy geared towards curbing the harms of unsafe abortion evince medical abortion holds great promise for revolutionizing people’s access to high-quality reproductive care. This study discusses regional human rights frameworks, policy, case law, and a few representative domestic legislative frameworks …

The Rejection Of The Anti-Corruption Principle And Its Effect On Human Rights At Home, Juliet S. Sorensen

Northwestern Journal of Human Rights

21st century scholarship analyzing the Framers’ treatment of corruption asserts that their incorporation of anti-corruption means in the Constitution should be interpreted as a framework to inform contemporary judicial review and jurisprudence. Led by Zephyr Teachout’s article “The Anti-Corruption Principle,” this school of thought asserts that the anti-corruption principle should be on par with separation of powers and freedom of expression, a guiding lodestar in interpreting the Constitution.

This article submits that the anti-corruption principle of constitutional interpretation is, in fact, a rights-based approach to corruption, equating freedom from corruption with the other rights and liberties enshrined in the Constitution. …

Promises And Pitfalls In Un Regulation Of Judicial Independence, Martha Kiela

Northwestern Journal of Human Rights

This article investigates the current mechanisms and power of the UN to ensure judicial independence in the UN Member States. First, it surveys the UN bodies which play a role in creating international regulations for judicial independence and monitoring Member States’ compliance with them. Second, it analyzes the responses of these bodies to challenges to judicial independence by conducting case studies of Venezuela and Poland, and how these actions compare to those of other international organizations and tribunals. The central questions it seeks to answer are which mechanisms of review and enforcement have so far been the most effective in …

Bridging The Gap Between International Investment Law And Human Rights, Amin R. Yacoub

Hofstra Law Review

The misapplication of vague international investment standards such as the Full Protection and Security has worsened the legitimacy crisis facing the Investor-State-Dispute-Settlement field. Such misapplication emanates from the fragmentation of international law in the investment arbitration field, the absence of stare decisis, and the lack of a unified interpretive methodology connecting relevant subfields of international law in investment arbitration.

Human Rights Of Psychiatric Patients In The State Of Kuwait, Samira Ahmed Alkanderi

BAU Journal - Society, Culture and Human Behavior

There is no doubt that the right to have a good health is considered a basic human right which is closely linked to the other civil, political and economic human rights. It is a right for all people without any discrimination.

From the point of the belief of the international human rights community with the rights of patients who are suffering from mental or psychological sickness, the General Assembly of the United Nations issued in 1991 some principles, which admit the right of all persons to enjoy the right of getting the best available mental and psychological health care which …