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Articles 1 - 25 of 25
Full-Text Articles in Law
International Rights Affecting The Covid–19 Vaccine Race, Samantha Johnson
International Rights Affecting The Covid–19 Vaccine Race, Samantha Johnson
University of Miami Inter-American Law Review
The impact of the COVID–19 pandemic has been felt world-wide, and despite having several vaccines in the market at this point, there are still issues of accessibility for certain countries. International intellectual property law has been a breeding ground for the exploration of intellectual curiosity and creation as it provides strong protections to creators. These strong protections have allowed for the monopolization of certain goods, such as vaccines, under the concept of patents. While patents are important to incentivize pharmaceutical companies to create life–saving medicines, these protections have also become a barrier for access to medicines, especially in less–developed countries. …
Gap In Internet Access In Sri Lanka Violates Human Rights, Gracie Kreth
Gap In Internet Access In Sri Lanka Violates Human Rights, Gracie Kreth
Human Rights Brief
No abstract provided.
Independent Children's Human Rights Institutions 'In The Middle' Between Local And Global Perspective, Roberta Ruggiero Phd, Karl Hanson Phd
Independent Children's Human Rights Institutions 'In The Middle' Between Local And Global Perspective, Roberta Ruggiero Phd, Karl Hanson Phd
Societies Without Borders
Independent children’s human rights institutions (ICHRIs) developed rapidly worldwide over the last three decades. Their implementation was aided by the adoption of the Convention on the Rights of the Child (CRC), the diffusion of participatory practices, and the growth of children’s rights advocacy. In addition, ICHRIs are supported by the emergence and subsequent consolidation of children’s rights studies as a field within academia, and the increase of political will to further develop evidence-based policies dedicated to children. This article will explore the positioning of ICHRIs between the local and the global, especially regarding trends towards decentralisation of State structures as …
Confession Obsession: How To Protect Minors In Interrogations, Cindy Chau
Confession Obsession: How To Protect Minors In Interrogations, Cindy Chau
Journal of Race, Gender, and Ethnicity
No abstract provided.
Child Protection In Times Of Conflict And Children And International Criminal Justice, Kerry L. Neal
Child Protection In Times Of Conflict And Children And International Criminal Justice, Kerry L. Neal
Georgia Journal of International & Comparative Law
No abstract provided.
Maturing Justice: Integrating The Convention On The Rights Of The Child Into The Judgments And Processes Of The International Criminal Court, Linda A. Malone
Maturing Justice: Integrating The Convention On The Rights Of The Child Into The Judgments And Processes Of The International Criminal Court, Linda A. Malone
Georgia Journal of International & Comparative Law
No abstract provided.
The Best Interests Of A Trafficked Adolescent, Anah Hewetson Gouty
The Best Interests Of A Trafficked Adolescent, Anah Hewetson Gouty
Indiana Journal of Global Legal Studies
For decades, the world has faced a tremendous obstacle in locating trafficking victims and their perpetrators. The United States has enacted the Trafficking Victims Protection Act (TVPA) and implemented a system of Trafficking in Persons Reports (TIPs) to track domestic progress. Nonetheless, even more challenging than addressing adult trafficking is conquering the rampant existence of child trafficking, which inherently has its own unique challenges. Child trafficking comes in many forms and affects different regions of the world in various ways. Misunderstanding precisely what constitutes trafficking is one of the obstacles to ridding the world of its existence. Moreover, the victimsadolescents- …
Democracy In Disguise: Assessing The Reforms To The Fundamental Rights Provisions In Guyana, Arif Bulkan
Democracy In Disguise: Assessing The Reforms To The Fundamental Rights Provisions In Guyana, Arif Bulkan
Georgia Journal of International & Comparative Law
No abstract provided.
The Campaign For Universal Birth Registration In Latin America: Ensuring All Latin American Children's Inherent Right To Life And Survival By First Guaranteeing Their Right To A Legal Identity, Yamilée Mackenzie
Georgia Journal of International & Comparative Law
No abstract provided.
Ineffective, Opaque, And Undemocratic: The Ious Of—Too Much—International Law And Why A Bit Of Skepticism Is Warranted, James Allan
San Diego Law Review
In this Article I want to give you an outsider’s view of international law, or at least this outsider’s view. And by outsider I mean someone who is usually interested in legal philosophy and constitutional law and who may well be thought to lack standing to offer the sort of views and criticisms that are to come.... The structure of this Article will be simple. I will criticize certain aspects of international law, especially rights-related international law, under the three headings you see in the title to this Article. However, I am going to take those headings and critiques in …
Implementing The Child Protection Provisions Of The Convention On The Rights Of The Child In Trinidad And Tobago, Kele Stewart
Implementing The Child Protection Provisions Of The Convention On The Rights Of The Child In Trinidad And Tobago, Kele Stewart
University of Miami International and Comparative Law Review
No abstract provided.
International Rights Of Older Persons: What Difference Would A New Convention Make To Lives Of Older People?, Israel Doron, Itai Apter
International Rights Of Older Persons: What Difference Would A New Convention Make To Lives Of Older People?, Israel Doron, Itai Apter
Marquette Elder's Advisor
This article tries to answer the following question: What difference, if any, would a new convention on the rights of older persons make to the lives of older people in light of the previous experiences with the Convention on the Eliminations of All Forms of Discrimination Against Women (CEDAW) and the Convention on the Rights of the Child (CRC)? In order to answer this question, the authors focus on the existing legal literature on international human rights law, with a particular focus on international human rights treaties. To better understand international human rights treaties, the article also discusses the CRC …
Treaty Interpretation Of The Right To Life Before Birth By Latin American And Caribbean States: An Analysis Of International Treaty Obligations, Regional Agreements And Relevant State Practice, Ligia M. De Jesus
Ligia M. De Jesus
Even though non-judicial international human rights bodies routinely promote the understanding that the Convention on the Rights of the Child and the American Convention on Human Rights mandate the legalization of abortion, states parties have authoritatively interpreted their treaty obligations otherwise. This article examines, in particular, evidence of Latin American and Caribbean states’ interpretation of these treaties as recognizing and protecting the unborn child’s right to life and health in a comprehensive manner, as well as evidence of their rejection of abortion rights in international fora. Section II discusses international treaties ratified by Latin American and Caribbean states that explicitly …
Female Genital Mutilation And Female Genital Cutting, Hope Lewis
Female Genital Mutilation And Female Genital Cutting, Hope Lewis
Hope Lewis
Female Genital Mutilation (FGM) or Female Genital Cutting (FGC) refers to a range of harmful traditional practices performed on infants, girls, and women in certain ethnic groups. This article, published in The Encyclopedia of Human Rights (David Forsythe, et al, ed., Oxford University Press, 2009) discusses the practices in the context of international human rights law. FGM-FGC, violates a number of international human rights standards, including the right to bodily integrity, the right to life, the right to the highest attainable standard of health, the rights of children, and the rights of women and girls to equality and non-discrimination. Nevertheless, …
Prospective Parents And The Children's Rights Convention, Carter Dillard
Prospective Parents And The Children's Rights Convention, Carter Dillard
American University International Law Review
This Article addresses the novel question of whether states parties can successfully implement the Children’s Rights Convention by placing legal obligations on prospective parents, thereby influencing not just a child’s environment, but also the procreation of that child. First, the Article takes a unique version of the child-centered perspective, one that recognizes that as we move back in time in the direction of and even before a child’s birth, our obligations to the child grow because our actions become ever more influential. The perspective also takes into account current moral theories of parental obligation to prospective children. The Article then …
Navajo Nation Water Settlement & Northwestern New Mexico Rural Water Projects Acts Of 2009 (Includes Funding Mechanism For 3 Tribal Water Settlements In Nm), United States 111th Congress
Navajo Nation Water Settlement & Northwestern New Mexico Rural Water Projects Acts Of 2009 (Includes Funding Mechanism For 3 Tribal Water Settlements In Nm), United States 111th Congress
Native American Water Rights Settlement Project
Federal Legislation: Omnibus Public Land Management, Title X - Water Settlements, Subtitle B - Northwestern New Mexico Rural Water Projects Navajo-Gallup Water Supply Project, PL 111-11, 123 Stat. 991. ◊ Parties: Navajo Nation and US. Part II, Section 10501 sets up the Reclamation Water Settlements Fund. For each of the fiscal years 2020 through 2029, the US will deposit 120M dollars into the Fund, if it is available, plus any interest which comes from Reclamation’s appropriation. The funds are to be spent on Indian water rights settlements that involve water supply infrastructure, to rehabilitate water delivery systems for conservation, or …
The Universal Declaration Of Human Rights And The African Child Today: Progress Or Problems?, Uche Ewelukwa
The Universal Declaration Of Human Rights And The African Child Today: Progress Or Problems?, Uche Ewelukwa
Uche Ewelukwa
The Universal Declaration of Human Rights (“UDHR”) has provided inspiration for declarations and treaties throughout Africa, which have improved the quality of living for many. The special attention in UDHR given to the rights of children has yet to significantly benefit children in Africa. Under UDHR’s influence, agreements like The African Charter on Human and People’s Rights and several African state constitutions promoted children as bearers of rights, but such agreements are inhibited by the four tyrannies: culture, poverty, corruption, and globalization. UDHR does little to prevent harmful cultural and religious practices directed towards children, especially girls, because certain customs …
How Children Are Heard In Child Protective Proceedings, In The United States And Around The World In 2005: Survey Findings, Initial Observations, And Areas For Further Study, Jean Koh Peters
Nevada Law Journal
No abstract provided.
Something's Happening Here: Children And Human Rights Jurisprudence In Two International Courts, Bernardine Dohrn
Something's Happening Here: Children And Human Rights Jurisprudence In Two International Courts, Bernardine Dohrn
Nevada Law Journal
No abstract provided.
Report Of The Working Group On The Lessons Of International Law, Norms, And Practice, Working Group On The Lessons Of International Law, Norms, And Practice
Report Of The Working Group On The Lessons Of International Law, Norms, And Practice, Working Group On The Lessons Of International Law, Norms, And Practice
Nevada Law Journal
No abstract provided.
Representing Children And International Norms, Naomi Cahn
Representing Children And International Norms, Naomi Cahn
Nevada Law Journal
No abstract provided.
The Child's Representation Under Capta: It Is Time For Enforcement, Gerard N. Duquette
The Child's Representation Under Capta: It Is Time For Enforcement, Gerard N. Duquette
Nevada Law Journal
No abstract provided.
Mara Salvatrucha (Ms-13) And Ley Anti Mara: El Salvador's Struggle To Reclaim Social Order, Juan J. Fogelbach
Mara Salvatrucha (Ms-13) And Ley Anti Mara: El Salvador's Struggle To Reclaim Social Order, Juan J. Fogelbach
San Diego International Law Journal
MS-13 poses a threat to both Salvadorians and Americans. It is a gang that must be cooperatively contained; it will not be controlled by a simplistic burden-shifting policy that leaves El Salvador, a developing country, to unilaterally deal with the problem. This paper will argue that: (1) the deportation of gang members, which results in the arbitrary deaths of thousands of innocent Salvadorians who have no legal recourse amounts to a grave violation of human rights; (2) deportation of gang members to a society where they are likely to be killed by vigilante death squads, or in prison fires and …
The Non-Discrimination Principle And Its Effect On The Education Of Roma Children In The Czech Republic, Leslie Burton
The Non-Discrimination Principle And Its Effect On The Education Of Roma Children In The Czech Republic, Leslie Burton
Publications
All states ratifying the Convention on the Rights of the Child (CRC) are bound to comply with Article 2, which requires States Parties to respect the rights of all children, without discrimination of any kind. In the Czech Republic, however, there is systematic discrimination against the Roma (also referred to as Gypsies). As a result, Roma children are not getting the education they are ensured under Article 28 of the CRe. The Czech Republic has tried, and continues to try, different methods to resolve the problem and to comply with the CRe. This essay will explore the nature of the …
Colorado Utes Indian Water Rights Settlement Act Of 1988, United States 100th Congress
Colorado Utes Indian Water Rights Settlement Act Of 1988, United States 100th Congress
Native American Water Rights Settlement Project
Federal Legislation: Colorado Ute Indian Water Rights Settlement Act of 1988 (PL 100-585, 102 Stat. 2973) The DOI Secretary is authorized to supply water from the Animas-La Plata and Dolores Projects, which cannot be sold or leased into the Lower Colorado River Basin except under limited circumstances. The Tribes can transform a water right into a "CO State water right" and then sell or lease it. Colorado River Compact restrictions apply. The Act disapproves characterization in the Agreement of water rights which may be used off the Reservation as “project reserved water right” or “non-project reserved water right” any claims …