Law Commons^™

Judicial Off-Bench Resistance In Post-Revolution Tunisia, Farah Tolu-Honary

Independent Study Project (ISP) Collection

Since the populist Kaid Said has risen to the office of the presidency in Tunisia, the country has been experiencing its largest threat to its hard-fought democracy since the 2011 Revolution. In this paper, I argue that Tunisian judges have utilized off-bench resistance tactics to protect their own autonomy from executive encroachment. I find that judges’ strikes are the dominant form of off-bench resistance. I explain this by looking at the relationships that judges’ unions maintain with other civil society organizations and unions, particularly the UGTT. I argue that the post-revolutionary environment, the strong union culture in Tunisia, and the …

Irregular Migration In Morocco: A Case For Constructionism, Mourad Khalil

Independent Study Project (ISP) Collection

Separated by only 14 kilometers of water from Spain, Morocco has become a common destination for many sub-Saharan irregular migrants trying to reach Europe. With a large population of these migrants, Morocco has had to make important decisions on how to manage its irregular migrant population. However, the terrible conditions and regular violations of human rights that irregular migrants in Morocco are subject to lead one to ponder the role that international relations has and the extent to which human rights is a consideration in the policymaking of irregular migration. Applied to the three primary theories of international relations, liberalism, …

The Current Status Of Women In Morocco And How It Can Be Improved, Amanda Maia

Independent Study Project (ISP) Collection

My paper will explore the conditions of gender minorities in Morocco through representation, NGOs, social structures, and resources therein to support the progress of acquiring more rights for these demographics. With an emphasis on the status of women in Morocco. My main questions as it stands are: What are the living conditions for women in Morocco and how can they be improved? What progress has been and still can be made to improve the quality of life and foster joy for these demographics in Morocco? Since the 1990s, there has been significant progress in Morocco to improve Family Law and …

Through The Eyes Of Lawyers And Advocates: Navigating The Court System For Women Impacted By Domestic Violence In Morocco, Emily Atieh

Independent Study Project (ISP) Collection

How do Moroccan women impacted by domestic violence navigate criminal legal systems in Morocco? Is the progressive family law present in Morocco due to recent reforms fully implemented in court systems? How can systems be improved to better support women impacted by violence? This study originally sought to answer these questions by surveying lawyers at NGOs in the Rabat area who act as advocates for women impacted by domestic violence. As a result of their expansive knowledge of criminal legal systems and experiences aiding hundreds of women, lawyers are in a unique position to critique the criminal legal system and …

Discontinuity Between Religion, Law, And Society Through Animal Treatment In Morocco, Michael Altman

Independent Study Project (ISP) Collection

Animal treatment is a topic which is covered by many facets of what helps create the guiding principles for humans, yet all in different ways; there is some overlap, and there is some distinction. From my three months of study in Rabat, Morocco, seeing how each person approaches the homeless animal differently, I write on how three important overarching areas: religious, legal, and societal, discuss how animals should be treated.

In this paper, I will be analyzing religious texts, legal writings both in place and in draft, and will rely on external works written animal markets and on the school …

Analyzing The Social Impact Of Gacaca Courts In The Reconciliation Process In Rwanda, Mary Thibodeau

Independent Study Project (ISP) Collection

Restorative justice is often misunderstood by Western academia in the context of community-based justice systems in African nations. The Gacaca courts used in Rwanda after the 1994 genocide against the Tutsi are frequently criticized for their procedures and outcomes. However, a majority of these criticisms come from Western authors without having engaged in conversations with Rwandans and observing the effects of the trials within the nation. The only people who know and understand the impact of the Gacaca courts are Rwandans. I have been researching how the Gacaca trials contributed to homegrown solutions and their impact within communities in Rwanda …

The Political Development Of Capital Punishment In The Modern Moroccan State, Mia Barr

Independent Study Project (ISP) Collection

The modern Moroccan state seen today is very young. Having only been independent from France since 1956, the country has spent the last sixty-four years crafting its post-colonial statehood. What has emerged is a hybrid political system with powers split, however unequally, between the King and his inner circle, known as the makhzen, and the Parliament. Not only is the monarchy constitutional—meaning that its legitimacy is literally written into the primary governing document of Morocco, which had its last referendum in 2011—but it is also self-sustaining and self-legitimizing, for the monarchy uses its constitutional powers to grant itself further powers …

From The Ulama To The Legislature: Hermeneutics & Morocco’S Family Code, Rachel Olick-Gibson

Independent Study Project (ISP) Collection

This study examines the role that Islamic law has played thus far in reforming the Moroccan Family Code, also known as the Moudawana. When King Mohammed VI reformed this law in 2004, Morocco received immediate international praise for its liberal strides towards gender equality. Through this study I investigated the hermeneutical tools and methods of ijtihad employed both by the drafters of the Moudawana and by activists leading up to the 2004 reforms. I then investigate impediments to the implementation of this Code in providing substantive legal rights to Moroccan women and the role that interpretation of Islamic law plays …

Understandings Of Sexual Consent Among Male And Female Zulu South Africans In Masxha, Kwazulu-Natal, Larkin Levine

Independent Study Project (ISP) Collection

Though South Africa has an astonishingly high rate of rape and sexual violence, little research has been conducted on understandings of sexual consent outside of the context of rape and sexual violence in different South African communities. Instead, research has focused on understandings and perceptions of rape and sexual violence alone, ignoring the importance of understanding how individuals approach consent in healthy sexual relationships.

Through conducting semi-structured interviews with sixteen Zulu males and females of different ages, all of whom are residents of Masxha, I hoped to learn how these individuals understand sexual consent and how consent is requested, given, …

Morocco’S Leadership: Assessing The Relationship Between The State And Non-Governmental Organizations Working On Migration Affairs, Adriana Nadyieli González Ortiz

Independent Study Project (ISP) Collection

The history of Moroccan Non-Governmental Organizations (NGOs) is almost as long as the country’s history with migration. After Morocco's record as a sending country, its unique location attracted an increasing flow of migrants from the rest of Africa to transit the territory in hopes of crossing over to Europe. More recently, tighter border securitization has resulted in notable numbers of migrants permanently settling in Morocco. Significant changes in migration policy have both prompted and resulted from this progression. And simultaneously, national NGOs have strengthened their role as protagonist advocates for migrants’ rights as well as foremost providers of target-diverse support …

“Not Yet A Priority:” The Intersectional Exploration Of Labor Market Access For People With Disabilities, Anona Neal

Independent Study Project (ISP) Collection

Approximately one in four families in Morocco are affected by disability. Of those affected by disability, many are in vulnerable situations, because there is an explicit linkage between having a disability and likelihood of experiencing poverty. The primary reasons for this phenomenon include lack of access to education, employment and health care. Following the Arab Spring, the Moroccan government implemented Article 166 which explicitly banned workplace discrimination against people with disabilities (PWD); however, only 13% of those affected by disability of working age can find employment. In this paper, I investigate the obstacles PWD face that prevent them from accessing …

Law Versus Action: How Five Cape Town Organizations Are Combating High Rates Of Sexual Assault And The Failure Of Progressive Sexual Offences Legislation, Anna Tinker

Independent Study Project (ISP) Collection

This Independent Study Project (ISP) seeks to understand the work various Cape Town organizations are doing to help survivors of sexual assault gain access to justice. Previous research finds that social norms defining masculinity as well as rape myths and stereotypes lead to the high levels of gender-based violence (GBV) in South Africa. This research led to my hypothesis that organizations fighting GBV would target these norms to help survivors access the justice system that so frequently ignores them. Eight organizations were contacted requesting an interview to discuss their work and two agreed to participate. Participants were asked to discuss …

Strategic Implications For The United States Of The Belt And Road Initiative In Africa, Alec Monnie

Independent Study Project (ISP) Collection

The belt and road initiative is one of the most significant developments of the twenty-first century, which the United States will need to learn to adapt to. Much of the academic literature regarding the belt and road initiative mentions that Africa is a significant participant in this policy development, but fail to elaborate as to why that is, or what the implications for this are for the United States. This article expands upon the strategic significance of the African continent, and explains the implications thereof for the United States and China. This article argues that the belt and road initiative …

The Transformative Potential Of High-Level Gender Equality: The Relationship Between Gendered Laws And Perceptions In Rwanda, Elena Ortiz

Independent Study Project (ISP) Collection

As part of its reconstruction process following the 1994 genocide against the Tutsi, Rwanda introduced several laws and policies protecting gender equality, which stood it stark contrast to traditional patriarchal norms and structures. This study focuses on the relationship between institutional gender reform and local perceptions. Specifically, it seeks to explore the extent to which perceptions around gender have caught up to legal changes and identify where the greatest gaps exist across political, social, and economic dimensions. Data collection occurred in two parts: quantitatively, a multiple-choice survey was distributed to 76 Rwandan adults investigating their perceptions of gender in political, …

The Middle Ground: A Comparative Study On Mexico And Morocco As Transit And Forthcoming Host Nations, Christina Sarai Roca

Independent Study Project (ISP) Collection

Migration has always existed but has increased with globalization as societies are becoming more interconnected through different mediums, surging the larger scale of movement between borders and the increasing inequalities in wealth between nations. As transit countries, Mexico and Morocco function as nations seen receiving migrants in transit to their countries of destinations. Central American migrants and migrants from the South-of-the-Sahara are two prominent migrant populations in Mexico and Morocco for many years, but due to the increased political discourse, legislation, and increased enforcement at these border regions, these migrants find themselves remaining for extended periods or even settling permanently …

Supplying Slaves: The Disguise Of Greener Pastures: An Exploratory Study Of Human Trafficking In Uganda, Kyla Johnson

Independent Study Project (ISP) Collection

The purpose of this study was to evaluate labor migration in Uganda with a specific focus on the role labor recruitment agencies play in transporting people and how certain circumstances such as lack of knowledge of safe migration can leave people vulnerable to human trafficking. Labor externalization is beneficial specifically for developing countries because it provides jobs for the robust and available labor in these countries. Nonetheless, when reports appear that young girls are stranded abroad in the middle east after being taken there for work, labor recruitment agencies are first to receive the blame. Although Uganda issued a ban …

Perspectives On Community Policing Of Durban Juveniles Living On The Streets, Dena Cheng

Independent Study Project (ISP) Collection

The aim of this project is to critically analyze the structure and performance of the South African Police Service (SAPS) at the nexus of juvenile criminal justice and homelessness. Facing issues of social discord, legitimacy, and patterns of corruption following the era of apartheid, SAPS plays a critical role in both preventing as well as eliminating crime. Therefore, this project focuses on a particularly marginalized community, under-aged street children, since the treatment of youth crime and/or criminality in Durban serves as a microcosm of a larger system of practices implemented by SAPS. Through in-depth interviews with local social workers, a …

Divorce Experiences: What The 2004 Moudawana Does And Does Not Do For Women In Morocco, Beatrice March

Independent Study Project (ISP) Collection

In 2004, the parliament amended the original Moudawana, or Family Code, from 1958. Among the changes, they altered the laws regarding divorce. The 2004 Moudawana included new provisions for women to obtain divorces in an attempt to create more progressive and equitable laws. The process of divorce, however, is still unequal for men and women. Despite women’s social conditions improving under the 2004 Moudawana, discrimination against women within the Moroccan legal system continues to prevent women from accessing their rights. A complex legal system and general lack of knowledge about the law create an overwhelming experience for women who do …

Understanding Civil Rights In A Democratic South Africa: A Case Study Of Students At Ukzn, Ella Shlonsky

Independent Study Project (ISP) Collection

This study examines the extent to which the principles and values of human dignity and non-discrimination laid out in the South African Bill of Rights resonate with South African university students. The objective is to understand how university students value or do not value these constitutional principles and how they see these principles being implemented in South African society. I examine both students’ personal views and how they see human rights, human dignity and non-discrimination playing out on campus and their communities. I conducted seven one-on-one semi-structured interviews with university students at the University of Kwazulu-Natal in Durban, South Africa. …

Empowering Women Through Land: An Analysis Of The Barriers In Accessing Land Rights Within Kisumu County, Kenya, Madison Shaffer

Independent Study Project (ISP) Collection

This project aims to gain a greater understanding of the current state of women’s land rights in Kisumu County, Kenya. It will discuss current barriers women face in accessing land and how land can impact a woman’s empowerment and in turn, her control over her health. Property rights can provide women with a secure place to live, a place of economic activity and reduce dependence on men. Property ownership can also serve to empower women and “give them greater bargaining power at the household, individual, and community level...increasing agency” (Dworkin,2009). Unfortunately, men have almost always been favored in land rights …

Local Perceptions Of Cannabis And Cannabis Laws In Morocco: Unpacking Past Laws, Moroccans' Perceptions, And Exploring Organizational Efforts, Shadae Tingman

Independent Study Project (ISP) Collection

In Morocco, cannabis production and consumption are illegal, both medicinally and recreationally. The cultivation of the plant is among the top five in the world. This research will explore many aspects of cannabis in Morocco. There is much literature that exists surrounding the agricultural, economic, and political implications of cannabis, but this research will focus on social perceptions of cannabis and cannabis laws of local Moroccans. This research will explore past government attempts to legalize marijuana and why they did not pass. It will also explore the work of local youth organizations (that focus on cannabis) to understand what they …

Schooling Silence: Sexual Harassment And Its Presence And Perception At Uganda’S Universities And Secondary Schools, Elena Mieszczanski

Independent Study Project (ISP) Collection

Although reports indicate that a majority of students in Uganda are sexually abused while in school, sexual harassment and its impact on educational attainment is a rampant yet understudied problem (The Uganda National Strategic Plan on Violence Against Children in Schools, 2015). While harassment in schools by teachers and students is not the only factor leading to high dropout rates among students, the behavior of teachers and students in school, and the lack of discipline towards their actions is an internal contribution to this effect. This study aims to better understand the perceptions on what constitutes “sexual harassment” in Uganda …

"Les Droits Ne Sont Pas Respectés": A Study Of The Effectiveness Of The Moroccan Law In Protecting The Human Rights Of Sub-Saharan Female Migrants, Meghan Gragg

Independent Study Project (ISP) Collection

This paper aims to determine to what extent Moroccan law is protecting female Sub-Saharan migrants against human rights abuses and in the process, it attempts to determine what the Moroccan government needs to do differently to protect this population. Female migrant women from Sub-Saharan Africa are a population that suffers human rights abuses because of their dual positionality as both women and Sub-Saharan migrants: both of which are discriminated populations in Morocco. The research was carried out by communicating with lawyers and non-governmental organization (N.G.O.) team members who work with women to determine the common legal and social problems affecting …

Corruption Devolved: People’S Perceptions On Devolutions Impact On Transparency, Accountability And Service Delivery By The Government Of Kisumu County, Kenya, Julia Fonshell

Independent Study Project (ISP) Collection

In 2010, Kenya introduced a new constitution and with it the introduction of the concept of a decentralized government. The devolved system of government was implemented in 2013 and granted each of the 47 counties in Kenya, such as Kisumu County, greater autonomy, resources and ability to serve its people. This study aims to compile a thorough understanding of people’s perception on how devolution has impacted transparency, accountability and service delivery of the government of Kisumu County, Kenya within its five years.

The study is comprised of a series of interviews on the premises of the Kisumu County Assembly with …

Community Management And Governance Of Comatsa-Sud New Protected Area (Ambalamanasy Ii Commune), Allison Tennant

Independent Study Project (ISP) Collection

Community-based natural resource management is an increasingly more popular choice for governments to delegate power back to local communities to conserve the resources they rely on. In Madagascar, where much of the rural population provides for their livelihoods by using natural resources, this governance structure, in cooperation with delegated manager for assistance, presents an opportunity for economic development in cooperation with conservation efforts. This paper aims to better understand the role of community, NGO, and governmental actors in creating and executing community management structures. Through Participatory Rural Analysis and structured and semi-structured interviews, it explores what management transfers look like …

Rehabilitation And Reintegration Of Genocide Ex-Prisoners: Understanding The Correctional Role Of Prisons In Rwanda, Lulu Abdun

Independent Study Project (ISP) Collection

After the Genocide Against the Tutsi in 1994, over 120,000 people were imprisoned in Rwanda for the perpetration of genocide. Twenty-three years after the Genocide, numerous genocide ex-prisoners have been released. Throughout their prison time and after their release, rehabilitation and reintegration programming has been available. This paper looks at the rehabilitation and reintegration programming available to genocide ex-prisoners, the success and challenges they currently face or have previously faced, and recommendations for reforms for the future prison/rehabilitation/reintegration process. This paper also examines the correctional role of prisons in Rwanda and how that contributes to successful reintegration. From interviewing genocide …

Life In Purple: An Exploration Of Moroccan Lgbt+ Identity And Migration, Olivia Leone Nicholas

Independent Study Project (ISP) Collection

Currently, homosexuality is criminalized in Morocco under the Moroccan Penal Code Article 489 and most Moroccans view homosexuality as haram, prohibited by god. The LGBT+ community faces religious, legal and social pressures and persecution. Still, LGBT+ people continue to fight for their right to exist in Morocco and activists are working to protect members of the community from legal prosecution as well as form safe spaces for their community. At the same time, many members of the LGBT+ community in Morocco must emigrate to live their lives both honestly and safely. This paper aims to explore the current circumstances …

The Complex Combatant: Constructions Of Victimhood And Perpetrator-Hood In Gulu District, Northern Uganda, Kyra Fox

Independent Study Project (ISP) Collection

In the wake of the Lord’s Resistance Army (LRA) conflict in Northern Uganda, both the local and international community struggle to define the “victims” and “perpetrators” of a conflict that transformed ordinary civilians into combatants. Made up primarily of child soldiers, the LRA forcefully abducted and conscripted children across Northern Uganda to fight in a guerilla war against the Ugandan government. LRA members were forced to murder their own families and terrorize their home villages in an attempt to disorient and desensitize them to lives of violence. Some became willing, even eager fighters; others struggled daily to live with their …

Emergency Medical Services And Public Policy In Durban, Kwazulu-Natal, John Buyske

Independent Study Project (ISP) Collection

This project seeks to explore the realities of the emergency medical system in the Durban area, particularly relative to government policy. It contextualizes its findings within the literature on public policy. Data for the project was collected via nine in-depth interviews with various professionals working in the field of emergency medical services, as well as a survey of fourteen citizens conducted in the peri-urban township of Cato Manor. This data was analyzed using qualitative methods. While every participant had different views and a different perspective on emergency services, some recurring themes and trends became evident, allowing for conclusions to be …

An Evolution Of Tradition: Understanding The Unintended Effects Of The 1999 Inheritance And Marital Property Law On Intra-Family Relationships In Rwanda., Pete Freeman

Independent Study Project (ISP) Collection

In the months following the 1994 genocide in Rwanda, a disproportionate number of Rwandan women were left without husbands, homes, family, or property. These losses required women to take on cultural responsibilities hitherto reserved for men. One roadblock to assuming these responsibilities was the legal and cultural right of property ownership reserved exclusively for men. Then in 1999, the Rwandan government enacted legislation which allowed women and girls the rights to family property -- Law/nº 22/99 of 12/11/1999 on Matrimonial Regimes, Liberalities, and Successions. On paper, this Rwandan policy seemed like a step toward gender equality, a watershed moment in …