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Selected Works

Jonathan Todres

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Articles 1 - 25 of 25

Full-Text Articles in Law

Physician Encounters With Human Trafficking: Legal Consequences And Ethical Considerations, Jonathan Todres Jan 2017

Physician Encounters With Human Trafficking: Legal Consequences And Ethical Considerations, Jonathan Todres

Jonathan Todres

There is growing recognition and evidence that health care professionals regularly encounter - though they may not identify - victims of human trafficking in a variety of health care settings. Identifying and responding appropriately to trafficking victims or survivors requires not only training in trauma-informed care but also consideration of the legal and ethical issues that arise when serving this vulnerable population. This essay examines three areas of law that are relevant to this case scenario: criminal law, with a focus on conspiracy; service provider regulations, with a focus on mandatory reporting laws; and human rights law. In addition to …


Health Care And Human Trafficking, Jonathan Todres Nov 2015

Health Care And Human Trafficking, Jonathan Todres

Jonathan Todres

No abstract provided.


Human Trafficking And Film: How Popular Portrayals Influence Law And Public Perception, Jonathan Todres Nov 2015

Human Trafficking And Film: How Popular Portrayals Influence Law And Public Perception, Jonathan Todres

Jonathan Todres

No abstract provided.


Comparing Human Rights Practice, Jonathan Todres Nov 2015

Comparing Human Rights Practice, Jonathan Todres

Jonathan Todres

No abstract provided.


Human Rights And Justice For Juveniles, Jonathan Todres Nov 2015

Human Rights And Justice For Juveniles, Jonathan Todres

Jonathan Todres

No abstract provided.


Emerging Limitations On The Rights Of The Child: The U.N. Convention On The Rights Of The Child And Its Early Case Law, Jonathan Todres Oct 2014

Emerging Limitations On The Rights Of The Child: The U.N. Convention On The Rights Of The Child And Its Early Case Law, Jonathan Todres

Jonathan Todres

No abstract provided.


Toward Healing And Restoration For All: Reframing Medical Malpractice Reform, Jonathan Todres Oct 2014

Toward Healing And Restoration For All: Reframing Medical Malpractice Reform, Jonathan Todres

Jonathan Todres

The medical malpractice liability system is blamed for everything from the high cost of health care to quality assurance issues. This Article suggests that that one of the problems with the current approach to medical malpractice is that legal remedies for medical error are not viewed as part of the continuum of care. Thus, a new model - driven by the principle of care and the goal of healing - is needed to address medical errors more effectively. Building from these core principles of care and healing, the author develops a new healing-centered framework which provides a better assessment of …


A Child Rights Framework For Addressing Trafficking Of Children, Jonathan Todres Oct 2014

A Child Rights Framework For Addressing Trafficking Of Children, Jonathan Todres

Jonathan Todres

No abstract provided.


Mainstreaming Children's Rights In Post-Disaster Settings, Jonathan Todres Oct 2014

Mainstreaming Children's Rights In Post-Disaster Settings, Jonathan Todres

Jonathan Todres

In recent years, major natural disasters — ranging from the 2004 Indian Ocean tsunami to the 2010 Haiti earthquake — have challenged the global community to ensure the survival and well-being of millions of individuals under the most difficult circumstances. Each of these natural disasters has created crisis spots with huge numbers of displaced individuals, including many children. The international community has struggled to deliver the resources needed to ensure a prompt and full recovery. In these settings, the challenges confronting children are particularly acute. Yet frequently children are marginalized and underserved by disaster response and reconstruction efforts. This symposium …


Rights Relationships And The Experience Of Children Orphaned By Aids, Jonathan Todres Oct 2014

Rights Relationships And The Experience Of Children Orphaned By Aids, Jonathan Todres

Jonathan Todres

The global AIDS pandemic has left more than fifteen million children orphaned. These children constitute one of the most vulnerable populations, yet their situation has received relatively little scrutiny from legal scholars. This Article intends to fill that void by explicating the experience of children orphaned by AIDS, situating it in the broader context of the HIV/AIDS pandemic, and evaluating protections available under international human rights law. Analyzing human rights law as applied to children orphaned by AIDS exposes the extent to which rights are interrelated, particularly for marginalized populations. In current scholarship, the interrelationship among rights, for the most …


The U.S. View Of The Convention On The Rights Of The Child - Time For Reconsideration, Jonathan Todres, Howard Davidson Oct 2014

The U.S. View Of The Convention On The Rights Of The Child - Time For Reconsideration, Jonathan Todres, Howard Davidson

Jonathan Todres

No abstract provided.


Is There No Redemption For Children?, Jonathan Todres Oct 2014

Is There No Redemption For Children?, Jonathan Todres

Jonathan Todres

No abstract provided.


A Person's A Person: Children's Rights In Children's Literature, Jonathan Todres, Sarah Higinbotham Oct 2014

A Person's A Person: Children's Rights In Children's Literature, Jonathan Todres, Sarah Higinbotham

Jonathan Todres

Although the Convention on the Rights of the Child is the most widely ratified human rights treaty in history, children’s rights are still seen in many circles as novel and quaint ideas but not serious legal theory. The reality, however, is that the realization of children’s rights is vital not only for childhood but for individuals’ entire lives. Similarly, although the books children read and have read to them are a central part of their childhood experience, so too has children’s literature been ignored as a rights-bearing discourse and a means of civic socialization. We argue that children’s literature, like …


Widening Our Lens: Incorporating Essential Perspectives In The Fight Against Human Trafficking, Jonathan Todres Oct 2014

Widening Our Lens: Incorporating Essential Perspectives In The Fight Against Human Trafficking, Jonathan Todres

Jonathan Todres

In 2000, the international community formally launched the modern movement to combat human trafficking with the United Nations' adoption of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, Supplementing the United Nations Convention Against Transnational Organized Crime (Trafficking Protocol). With the Trafficking Protocol, the international community created a new cornerstone upon which to build a global initiative to combat this modem form of slavery. As the first major international treaty on human trafficking in half a century, the Trafficking Protocol represented a significant step forward. One hundred forty-seven countries are now party to the …


A Public Health Approach To Human Trafficking, Jonathan Todres Oct 2014

A Public Health Approach To Human Trafficking, Jonathan Todres

Jonathan Todres

Trafficked individuals experience physical, sexual and emotional violence at the hands of traffickers, pimps, employers, among others, and are exposed to various workplace, health and environmental hazards. The breadth of the harm suggests a role for a currently underutilized approach: public health methodologies. The field of public health offers vital skills and expertise in the fight against human trafficking.


Health And Human Rights, Jonathan Todres Oct 2014

Health And Human Rights, Jonathan Todres

Jonathan Todres

No abstract provided.


Law, Otherness, And Human Trafficking, Jonathan Todres Feb 2014

Law, Otherness, And Human Trafficking, Jonathan Todres

Jonathan Todres

No abstract provided.


The Importance Of Realizing 'Other Rights' To Prevent Sex Trafficking, Jonathan Todres Feb 2014

The Importance Of Realizing 'Other Rights' To Prevent Sex Trafficking, Jonathan Todres

Jonathan Todres

International law has long prohibited sex trafficking. The current international legal framework on sex trafficking sets forth a three-pronged approach to anti-trafficking efforts: (1) criminalization of acts of trafficking, (2) trafficking prevention programs, and (3) aid for victims of trafficking. To date, efforts undertaken by various countries have focused primarily on the first component, with comparatively minimal resources being allocated to prevention or victim assistance programs. Those countries that have initiated prevention measures tend to adopt a narrow view of "prevention programs" – focusing on activities such as public awareness campaigns warning of the penalties associated with such crimes or …


Birth Registration: An Essential First Step Toward Ensuring The Rights Of All Children, Jonathan Todres Feb 2014

Birth Registration: An Essential First Step Toward Ensuring The Rights Of All Children, Jonathan Todres

Jonathan Todres

No abstract provided.


The Challenge Of Creating “A World Fit For Children”, Jonathan Todres Feb 2014

The Challenge Of Creating “A World Fit For Children”, Jonathan Todres

Jonathan Todres

No abstract provided.


The Private Sector’S Pivotal Role In Combating Human Trafficking, Jonathan Todres Feb 2012

The Private Sector’S Pivotal Role In Combating Human Trafficking, Jonathan Todres

Jonathan Todres

Human trafficking is big business, with industry estimates running in the billions of dollars annually. Much of that profit accrues to traffickers, illegal profiteers, and organized crime groups. However, the private sector-including legitimate businesses and industries-also reaps economic benefits, directly and indirectly, from the trafficking and related exploitation of persons. Despite these economic realities, the dominant approach to combating human trafficking has been to rely almost exclusively on governments and social services organizations to do the job. Little has been asked of the private sector. Two important bills-one adopted by the State of California and the otherintroduced in the U.S. …


Assessing Public Health Strategies For Advancing Child Protection: Human Trafficking As A Case Study, Jonathan Todres Dec 2011

Assessing Public Health Strategies For Advancing Child Protection: Human Trafficking As A Case Study, Jonathan Todres

Jonathan Todres

Ensuring the well-being of all children is one of the great challenges of our time. Despite concerted efforts in the United States to protect children, research reveals that millions of children suffer harm each year. Frequently, when policymakers and child advocates speak of “child protection,” they focus primarily on abuse and neglect in the home. Often, child protection does not contemplate violence against children in the community. The inside/outside-the-home divide is somewhat of a false dichotomy, however, as the two realms are interrelated. Children who suffer abuse and neglect in the home are frequently at heightened risk of exploitation outside …


Moving Upstream: The Merits Of A Public Health Law Approach To Human Trafficking, Jonathan Todres Dec 2010

Moving Upstream: The Merits Of A Public Health Law Approach To Human Trafficking, Jonathan Todres

Jonathan Todres

Human trafficking, a gross violation of human rights and human dignity, has been identified by numerous government leaders as one of the priority issues of our time. Legislative efforts over the past decade have produced a patchwork of criminal laws and some assistance programs for victims. There is no evidence, however, that these efforts have reduced the incidence of trafficking. This lack of meaningful progress prompts questions as to what the best framework is for addressing human trafficking. This Article begins with a discussion of the limitations inherent in the current law-enforcement-centric approach to the problem. It then explores the …


Aking Prevention Seriously: Developing A Comprehensive Response To Child Trafficking And Sexual Exploitation, Jonathan Todres Dec 2009

Aking Prevention Seriously: Developing A Comprehensive Response To Child Trafficking And Sexual Exploitation, Jonathan Todres

Jonathan Todres

Millions of children are victims of trafficking and commercial sexual exploitation each year. Governments have responded with a range of measures, focusing primarily on seeking to prosecute perpetrators of these abuses and offering assistance to select victims. These efforts, while important, have done little to reduce the incidence of these forms of child exploitation. This Article asserts that a central reason why efforts to date may not be as effective as hoped is that governments have not oriented their approaches properly toward prioritizing prevention - the ultimate goal - and addressing these problems in a comprehensive and systematic manner. Instead, …


Taking Prevention Seriously: Developing A Comprehensive Response To Child Trafficking And Sexual Exploitation, Jonathan Todres Dec 2009

Taking Prevention Seriously: Developing A Comprehensive Response To Child Trafficking And Sexual Exploitation, Jonathan Todres

Jonathan Todres

Millions of children are victims of trafficking and commercial sexual exploitation each year. Governments have responded with a range of measures, focusing primarily on seeking to prosecute perpetrators of these abuses and offering assistance to select victims. These efforts, while important, have done little to reduce the incidence of these forms of child exploitation. This Article asserts that a central reason why efforts to date may not be as effective as hoped is that governments have not oriented their approaches properly toward prioritizing prevention - the ultimate goal - and addressing these problems in a comprehensive and systematic manner. Instead, …