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Full-Text Articles in Law

The International Law Of Torture: From Universal Proscription To Effective Application And Enforcement, Winston P. Nagan, Lucie Atkins Apr 2001

The International Law Of Torture: From Universal Proscription To Effective Application And Enforcement, Winston P. Nagan, Lucie Atkins

UF Law Faculty Publications

This Article presents a comprehensive review of world torture and the efforts to eradicate it through both official and unofficial strategies of intervention, with special emphasis on the legal strategies. This Article recognizes the complexity of these strategies as they form a vast number of initiatives emerging from various elements of the international community. Part II of the Article touches on matters of definition and legal history. This enables the examination of the inherent characteristics of torture as they impact issues of governance, social control, and principles of basic respect and human dignity. Part III examines the efforts to universally ...


Latinas, Culture And Human Rights: A Model For Making Change, Saving Soul, Berta E. Hernández-Truyol Jan 2001

Latinas, Culture And Human Rights: A Model For Making Change, Saving Soul, Berta E. Hernández-Truyol

UF Law Faculty Publications

This essay provides an overview of progresses achieved for women in the Americas by virtue of the use of the human rights model to further women's rights and attain betterment of their lives. Specifically, this work reviews the location of Latinas both within and outside the United States fronteras. As women of color within larger U.S. society and as women within their comunidad Latina, Latinas experience different multifaceted subordinations. A human rights model that recognizes the multidimensional nature of gendered racial discrimination and of racialized gender discrimination can serve to improve the lives of Latinas as well as ...


Property, Wealth, Inequality And Human Rights: A Formula For Reform, Berta E. Hernández-Truyol, Shelbi D. Day Jan 2001

Property, Wealth, Inequality And Human Rights: A Formula For Reform, Berta E. Hernández-Truyol, Shelbi D. Day

UF Law Faculty Publications

This essay scrutinizes the persistence of inequality in the United States through a human rights lens and grapples with the troubling disparities unearthed by two works: American Apartheid: Segregation and the Making of the Underclass and Black Wealth/White Wealth: A New Perspective on Racial Inequality. These two highly enlightening and, simultaneously, deeply troubling and depressing books elucidate the myriad locations at which inequalities persist and the historical, social, psychological, and legal foundations of, and explications for, such disparities in the African American community.

This work proposes a human rights paradigm that provides a methodology to analyze, deconstruct and unravel ...


Law, Culture, And Equality - Human Rights' Influence On Domestic Norms: The Case Of Women In The Americas, Berta E. Hernández-Truyol Oct 2000

Law, Culture, And Equality - Human Rights' Influence On Domestic Norms: The Case Of Women In The Americas, Berta E. Hernández-Truyol

UF Law Faculty Publications

This essay originated with a panel on Alternatives to the Regular Courts that took place during the first Legal and Policy Issues in the Americas conference sponsored by the University of Florida Levin College of Law. Some of the possible alternatives to the courts, in the trade field, that have been discussed include mediation, arbitration, constitutional courts and binational dispute panels. This essay reflects upon another alternative to domestic courts that progressively and increasingly is also being invoked in the trade context: international and regional human rights regimes.

I specifically will review the Inter-American Human Rights System to ascertain the ...


Afterword – Straightness As Property: Back To The Future-Law And Status In The 21st Century, Symposium: Liberalism And Property Rights, Berta E. Hernández-Truyol, Shelbi D. Day Oct 2000

Afterword – Straightness As Property: Back To The Future-Law And Status In The 21st Century, Symposium: Liberalism And Property Rights, Berta E. Hernández-Truyol, Shelbi D. Day

UF Law Faculty Publications

As is evident from the other works in this Symposium, throughout history in both the United States and the greater Western World, status-based exclusion of individuals and groups from property rights has been central to the existence of political and social hierarchies. Specifically, exclusion based on status — whether it be nationality, culture, race, sex or sexuality — has plagued our history and has been integral in the formation and development of both constitutional and property law regimes. Consequently, both regimes are at best uneven in the grant and distribution of rights and benefits.

A forward-looking examination of the link between status ...


Gender Politics In Global Governance, Berta E. Hernández-Truyol Jan 2000

Gender Politics In Global Governance, Berta E. Hernández-Truyol

UF Law Faculty Publications

Prof. Hernández-Truyol reviews the book Gender Politics in Global Governance from editors Mary K. Meyer and Elisabeth Prügl. Given the emergence of multilateral institutions in this century, the mobilization of women against "male supremacy" has taken an internationalist turn; it seeks to shape "the agendas of international organizations and the normative practices of global governance." In an effort to understand and analyze this movement and its impact, the editors have compiled a volume drawing new research together exploring gender politics in global governance that is also "attentive to historical and contemporary modes of women's organizing from the local to ...


Building Bridges Iv: Of Cultures, Colors, And Clashes--Capturing The International In Delgado's Chronicles, Berta E. Hernández-Truyol Jan 2000

Building Bridges Iv: Of Cultures, Colors, And Clashes--Capturing The International In Delgado's Chronicles, Berta E. Hernández-Truyol

UF Law Faculty Publications

Sex, race, gender, sexuality, color, religion, language, nationality, ethnicity, culture, poverty - socially constructed categories, social tropes that relegate "others" to subordinated positions in the varied and various cultural and economic marketplaces of both global and local societies. Richard Delgado's transformational work engages all of these tropes insightfully, disturbingly, and illuminatingly. His rich literature conceptualizes persons as multidimensional, complex beings and exposes society as the pre-fabricated stage in which diverse interactions evolve. Delgado's epistemological stance is fluid, non-rigid, and grounded on subjectivity.

In this essay I will focus on Delgado's latest book When Equality Ends: Stories About Race ...


Nativism, Terrorism, And Human Rights -- The Global Wrongs Of Reno V. American-Arab Anti-Discrimination Committee, Berta E. Hernández-Truyol Jan 2000

Nativism, Terrorism, And Human Rights -- The Global Wrongs Of Reno V. American-Arab Anti-Discrimination Committee, Berta E. Hernández-Truyol

UF Law Faculty Publications

The American-Arab Anti-Discrimination Committee decision (American-Arab or AADC) is the most recent U.S. Supreme Court pronouncement regarding the intersection of immigration regulations and fundamental constitutional rights enjoyed by foreign subjects present within the United States. In American-Arab, the U.S. government commenced deportation proceedings against two legal permanent residents and six temporary visa holders on the basis of an ideological bias: the plaintiffs were alleged to be members of the Popular Front for the Liberation of Palestine (Popular Front or PFLP) -- a charge all the plaintiffs denied. The Supreme Court's ruling endorsing the legality of the government's ...


Indivisible Identities: Culture Clashes, Confused Constructs And Reality Checks, Berta E. Hernández-Truyol Oct 1997

Indivisible Identities: Culture Clashes, Confused Constructs And Reality Checks, Berta E. Hernández-Truyol

UF Law Faculty Publications

This essay, an expansion of remarks delivered at the LatCrit I Conference -- the first conference ever convened to discuss and explore critical legal thought from a Latina/o perspective -- develops a basis for articulating a LatCrit theory. As the introductory section, "LatCrit: The Voice for Latina/o Narratives" sets out, Latinas/os are a diverse community, whose identity components -- race, sex, ethnicity, language, and sexuality to name a few of the pertinent ones -- are indivisible yet diverse and varied. Such diversity, to date, has not allowed for a cohesive Latina/o theoretical model to be articulated. Rather, it has been ...


Sex, Culture, And Rights: A Re/Conceptualization Of Violence For The Twenty-First Century, Berta E. Hernández-Truyol Jan 1997

Sex, Culture, And Rights: A Re/Conceptualization Of Violence For The Twenty-First Century, Berta E. Hernández-Truyol

UF Law Faculty Publications

The central theme of this Article, "Sex, Culture, and Rights: A Re/conceptualization of Violence," is that a re/vision of acts that constitute violence against women is necessary for gender equality -- both domestically and internationally -- to become a reality. This reconceptualization must address not only the normative concept of violence, i.e., the use of physical force, but it must also transform and reposition the idea of violence within a broader framework that includes, considers and aims to eradicate (1) psychological, social and political subordination of women; (2) male dominant (and female subservient) cultural and traditional practices; as well ...


Natives, Newcomers And Nativism: A Human Rights Model For The Twenty-First Century, Berta E. Hernández-Truyol Jan 1996

Natives, Newcomers And Nativism: A Human Rights Model For The Twenty-First Century, Berta E. Hernández-Truyol

UF Law Faculty Publications

This article undertakes a broad overview of nativist sentiment and discrimination in U.S. social and legal history. Following a powerful vignette of a personal experience encountering nativism because of her accent, the author briefly reviews the history of the New York City Human Rights Commission in Part II. Part III traces the history of U.S. immigration and the parallel legacy of nativism, while Part IV details the legal developments arising from alienage discrimination. After reviewing relevant sources of international human rights law, the author concludes in Part VI by advocating a new human rights paradigm that will promote ...


Women's Rights As Human Rights - Rules, Realities And The Role Of Culture: A Formula For Reform, Berta E. Hernández-Truyol Jan 1996

Women's Rights As Human Rights - Rules, Realities And The Role Of Culture: A Formula For Reform, Berta E. Hernández-Truyol

UF Law Faculty Publications

Beijing, China. Tuesday, September 5, 1995. Beijing International Conference Center (BICC). The afternoon plenary of the United Nations Fourth World Conference on Women: Equality, Peace, Development is about to start in a hall too small to seat everyone who wants to be there. Other than places for some of the delegates from each attending State, space is limited and in high demand. A lucky few lined up for hours to get a ticket; many ended up negotiating prime space in front of one of several TV screens strategically located throughout the building. A hushed silence fell in the hall and ...


Building Bridges: Bringing International Human Rights Home, Berta E. Hernández-Truyol Jan 1996

Building Bridges: Bringing International Human Rights Home, Berta E. Hernández-Truyol

UF Law Faculty Publications

This commentary on "Building Bridges" was prepared in connection with a panel presentation addressing the same theme by Latina/o law professors during the 1995 Hispanic National Bar Association's annual meeting in San Juan, Puerto Rico. It urges that we globalize our domestic legal practice by integrating international human rights norms as a means of developing, expanding and transforming the content and meaning of our human/civil rights jurisprudence. This piece contends that we have a wealth of human rights laws to which we have denied ourselves access in the past and of which we should make greater and ...


Report Of The Conference Rapporteur, Berta E. Hernández-Truyol Jan 1995

Report Of The Conference Rapporteur, Berta E. Hernández-Truyol

UF Law Faculty Publications

This summary constitutes my Final Report to the Conference on the International Protection of Reproductive Rights (the "Conference") jointly sponsored by the Women & International Law Program at the Washington College of Law of the American University and the Women in the Law Project of the International Human Rights Law Group. The Conference focused on issues that affect the role of women in society and the role played by rules of law in defining and marginalizing women's existence in society. The Conference goals included the reformulation of the international human rights construct to advance and implement women's rights, particularly women's sexual and reproductive health rights and freedoms, in order to create a world for women that makes equality theory a reality in everyday life. To achieve this end, experts in international law, international and domestic women's rights law, and women's health explored international and domestic "rights" law and analyzed its usefulness in protecting and promoting women's reproductive and sexual health rights and freedoms. Participants from all disciplines, after exploring the complex interrelationships between and among (a) domestic and international norms, (b) international norms and cultural/religious customs, and (c) women's well-being and the accessibility, availability, acceptability, and affordability of health care services and facilities, agreed that the development of procedural mechanisms is vital to the effective implementation of a reformulation of rights that focuses on the well-being of women.

To be sure, sex is not the only classification within the human rights construct in which the world has evidenced a gap between rules and realities. Apartheid is an example of a system of discrimination based on race that while expressly proscribed in international law in reality existed as a formal practice long after its prohibition. Because every possible classification applies to women-women have, for example, a race, a national origin, and a color-women are affected by all forms of discrimination. Law-domestic, regional, and international-has developed, however, in a way that has placed public (i.e., male) interests at the center while relegating to the periphery concerns viewed as private (i.e., female) such as the family and the home. Thus, to effect women's rights and eradicate sex-based discrimination against women, law must be developed and applied in a creative and expansive way that eliminates the public/private distinction which has served to ghettoize women's interests. To effect this transformation of law, existing rights and procedures must be developed and extended to eliminate women's historic marginalization. Activists, lawyers, doctors, and sociologists must be trained to rethink the formal construct, work together, and integrate various interdisciplinary approaches adequately to reflect and resolve the plethora of issues that concern women around the world. The dual themes of reformulation of rights and effective implementation resurfaced throughout the Conference. Participants discussed methods of utilizing the human rights construct to develop, expand, and transform the content and meaning of existing rights; to articulate new, emerging rights to reflect women's realities; and to implement women's human rights. All agreed on the need for government accountability regarding promotion and protection of promised rights.


Concluding Remarks - Making Women Visible: Setting An Agenda For The Twenty-First Century, Berta E. Hernández-Truyol Jan 1995

Concluding Remarks - Making Women Visible: Setting An Agenda For The Twenty-First Century, Berta E. Hernández-Truyol

UF Law Faculty Publications

The Women's Rights as International Human Rights Symposium (Symposium), sponsored by the International Women's Human Rights Project of the Center for Law and Public Policy at St. John's University, focused on the roles played by rules of law and by the conflation of economic, social, political, religious, cultural, and historic forces in the marginalization of women in the public and private sectors in both the international and domestic systems. The traditional exclusion of women from the articulation, development, implementation, and enforcement of rights has rendered gender issues invisible and thereby shielded gender-based abuses from much needed scrutiny ...