Law Commons^™

Refugee Homes And The Right To Property: Sunk Costs And Networked Mobility, Jordan Hayes

Biennial Conference: The Social Practice of Human Rights

For refugees outside their state of origin, access to humanitarian protection can come at the cost of the right to own a home. Following Anneke Smit’s scholarship on the possible contradictions between humanitarian protection and property rights, this paper explores the case of refugee homes built in the Kurdistan Region of Iraq (KRI) by Syrian asylum seekers. Interviews with Syrian refugees collected in Iraq from 2018-2019 reveal the paradoxical situation faced by refugees who invest time, expertise, memory, hope, and money in a house—yet do not own it. While non-citizens in the KRI rarely have the chance to secure legal …

Professional Resistance Of Lawyers: Defending Human Rights And The Rule Of Law In Hong Kong After Umbrella Movement, Yan-Ho Lai

Biennial Conference: The Social Practice of Human Rights

Purpose: Against the backdrops of deteriorating human rights protections and the rule of law after the unprecedented Umbrella Movement in Hong Kong, this paper investigates the roles and impacts of mobilised legal profession in resisting China’s authoritarian rule over and defending domestic human rights regime in Hong Kong. This paper argues that, despite the legal profession of Hong Kong becomes further divided under the political and economic statecraft, lawyer activism as a professional resistance becomes a new force to resist the political intervention of the rule of law as well as deepening the cultural and institutional foundations of the rule …

“Water Is A Human Right”: Exploring The Paradox Of Framing Water As A Human Right In A Hostile Political Climate, Sabrina Kozikis

Biennial Conference: The Social Practice of Human Rights

Many communities across the United States experience challenges in accessing clean and affordable water. In response, civil society and grassroots organizations are using a human rights framework to advocate for safe and affordable services for all. This is a curious trend, given that the United States is a country in which human rights, specifically socio-economic rights, are not recognized as relevant for domestic policy and even met with hostility. This study explores this tension: why do civil society actors, grassroots organizers, and national level advocates in the United States use a human rights framework to advocate for access to clean …

How Can Human Rights Activism Help Tackle Economic Inequality? Lessons From Mining Affected Communities In South Africa, Allison Corkery

Biennial Conference: The Social Practice of Human Rights

The dramatic rise in socioeconomic inequality produced by neoliberal globalisation has provoked a crisis of confidence in the human rights community and inspired a wave of debate about whether human rights have anything meaningful to offer in advancing economic justice. The pessimistic view argues human rights are inadequate for challenging socioeconomic inequality because they are too closely aligned to Western liberalism and too uncritical of the rise of capitalism. The more optimistic view does not dismiss these critiques entirely. It argues that they are only valid for particular (arguably dominant) types of human rights praxis, however. Failing to acknowledge this …

Innovative Collaboration To Further Community Self-Determination, Matthew Currie, Amaha Sellassie

Biennial Conference: The Social Practice of Human Rights

The built urban environment is the product of more than a century of policy decisions that have both intentionally discriminated and have had the effect of discriminating, against African Americas, immigrants, the work class, low income individuals and other undesirables. While more than fifty years have passed since the passage of civil rights legislation in the United States, individuals in today’s cities are living out our discriminatory legacy.

In Dayton, Ohio, a new movement has risen from the community to disrupt the legacy of de jure and de facto discrimination by the collaborative efforts of the impactive individuals, neighborhood leaders, …

Gay Teachers In Catholic Schools: A Conflict Of Human Rights, Ish Ruiz

Biennial Conference: The Social Practice of Human Rights

What happens when a person’s exercise of a human right conflicts with another’s enjoyment of a human right? Such is the case when a gay teacher in a Catholic school is fired as the school exercises its right to religious freedom in order to ensure its teachers live lives consistent with Church teaching.

As religious institutions, Catholic schools are protected by a ministerial exception that offers legal immunity to Catholic educational institutions that fire gay and lesbian teachers (teachers are sometimes considered “ministers” by the courts). In many states these firings on the basis of sexual orientation or marital status …

Where Do We Go From Here? Charting Perceptions Of The Impact Of The Human Rights City Boston Resolution, Kostas Koutsioumpas, Maggie Schneider, Matthew Annunziato

Biennial Conference: The Social Practice of Human Rights

In 1948, the United Nations adopted the Universal Declaration of Human Rights (UDHR) as a common standard of achievement and called upon every individual and organ of society to promote the rights enshrined in the document. The UDHR has been applied in many ways around the world, including by the international Human Rights Cities movement, which began in Rosario, Argentina, in 1997.

Today more than two dozen Human Rights Cities have formed around the globe, including at least nine in the United States (Washington, DC; Eugene, OR; Pittsburgh, PA; Chapel Hill, NC; Columbus, IN; Jackson, MI; Seattle, WA; Mountain View, …