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2018

Human Rights Law

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Full-Text Articles in Law

70 Years Of Human Rights In Global Health: Drawing On A Contentious Past To Secure A Hopeful Future, Lawrence O. Gostin, Benjamin Mason Meier, Rebekah Thomas, Veronica Magar, Tedros A. Ghebreyesus Dec 2018

70 Years Of Human Rights In Global Health: Drawing On A Contentious Past To Secure A Hopeful Future, Lawrence O. Gostin, Benjamin Mason Meier, Rebekah Thomas, Veronica Magar, Tedros A. Ghebreyesus

Georgetown Law Faculty Publications and Other Works

The Universal Declaration of Human Rights, adopted on Dec 10, 1948, established a modern human rights foundation that has become a cornerstone of global health, central to public health policies, programmes, and practices. To commemorate the 70th anniversary of this seminal declaration, we trace the evolution of human rights in global health, linking the past, present, and future of health as a human right. This future remains uncertain. As contemporary challenges imperil continuing advancements, threatening both human rights protections and global health governance, the future will depend, as it has in the past, on sustained political engagement to realise human ...


“Insensitive Advertising” Of Foreign Domestic Workers In Singapore: A Violation Of Human Dignity, Benjamin Joshua Ong Dec 2018

“Insensitive Advertising” Of Foreign Domestic Workers In Singapore: A Violation Of Human Dignity, Benjamin Joshua Ong

Research Collection School Of Law

Singapore’s Ministry of Manpower has suspended the licence of an employment agency for advertising the services of foreign domestic workers in an “insensitive” manner which portrayed the workers as a “commodity that can be bought and sold”. It also prosecuted the agency and the employee responsible for the advertisements; the employee has pleaded guilty. The Ministry’s actions are a welcome development in the evolution of the concept of a right to human dignity in Singapore law.


Tying The Knot: An Interdisciplinary Approach To Understanding The Human Right To Adequate Nutrition, Jessica Fanzo, Kaitlin Y. Cordes, Elizabeth F. Fox, Anna Bulman Dec 2018

Tying The Knot: An Interdisciplinary Approach To Understanding The Human Right To Adequate Nutrition, Jessica Fanzo, Kaitlin Y. Cordes, Elizabeth F. Fox, Anna Bulman

Columbia Center on Sustainable Investment Staff Publications

Malnutrition is alarmingly prevalent, affecting one in three people worldwide. In this Article, we argue that a key reason the global community has been unsuccessful in combating malnutrition is a lack of clarity outside the field of nutrition regarding the true meaning of “nutrition.” In particular, this has limited the effectiveness of international human rights law as a mechanism for addressing malnutrition.

In this interdisciplinary Article, which draws from both the legal and nutrition fields, we unpack the meaning of nutrition and demonstrate that a standalone right to adequate nutrition does indeed exist in international human rights law as a ...


Framing The Global Pact For The Environment: Why It’S Needed, What It Does, And How It Does It, Teresa Parejo Navajas, Nathan Lobel Dec 2018

Framing The Global Pact For The Environment: Why It’S Needed, What It Does, And How It Does It, Teresa Parejo Navajas, Nathan Lobel

Columbia Center on Sustainable Investment Staff Publications

We face a critical environmental crisis. Humanity consumes unsustainably; we use resources at a rate fifty percent faster than they are reproduced by the planet. The population is growing exponentially and climate change, the most important challenge of this century, is already wreaking havoc around the world. Despite numerous existing international environmental treaties, the Earth, and, therefore, human safety and prosperity, is in peril. According to a recent study by scientists from Stanford University and the National Autonomous University of Mexico, the ongoing “sixth mass extinction” threatens to cause an “assault on the foundations of human civilization.” In November 2017 ...


The Renewable Power Of The Mine, Nicolas Maennling, Perrine Toledano Dec 2018

The Renewable Power Of The Mine, Nicolas Maennling, Perrine Toledano

Columbia Center on Sustainable Investment Staff Publications

Access to affordable and reliable energy is key for the mining sector and with rising demand for minerals and falling ore grades, energy demand is estimated to increase by 36% by 2035. Today, energy produced and procured by mining companies is mostly fossil fuel based. This will have to change if the sector is to contribute to the decarbonization of the world economy, needed for countries to meet the target adopted at the Paris Agreement of keeping global temperatures from rising more than 1.5-2 degrees Celsius.

At the same time, the costs of solar, wind and battery storage systems ...


Submission: 2018 Legislative Review Of Export Development Canada, Sara Seck, Keith Macmaster, Penelope Simons Nov 2018

Submission: 2018 Legislative Review Of Export Development Canada, Sara Seck, Keith Macmaster, Penelope Simons

Articles, Book Chapters, & Blogs

This submission to the 2018 review of Export Development Canada is informed in part by a conference and policy meeting that we hosted in October 2017 on the subject of extractive industries and the human rights of women and girls, at the Human Rights Resource Education Centre in Ottawa. This submission will reflect on some of the insights that emerged from the conference and policy meeting, as well as our own prior and subsequent research. Our submission will focus primarily on Theme 5: Corporate Social Responsibility and Human Rights, which asks whether, in fulfilling its mandate, EDC reflects the expectations ...


“Protecting Children”: A Welcome Addition To Efforts To Redress Wartime Harms, Diane Marie Amann Nov 2018

“Protecting Children”: A Welcome Addition To Efforts To Redress Wartime Harms, Diane Marie Amann

Popular Media

This essay is the second in an online mini forum that Just Security is hosting on the new book, Protecting Children in Armed Conflict.


Updates To The Uncitral Legislative Guide On Privately Financed Infrastructure Projects, Brooke Guven, Motoko Aizawa Nov 2018

Updates To The Uncitral Legislative Guide On Privately Financed Infrastructure Projects, Brooke Guven, Motoko Aizawa

Columbia Center on Sustainable Investment Staff Publications

CCSI, jointly with The Observatory for Sustainable Infrastructure, submitted comments to the UNCITRAL Secretariat regarding updates to the UNCITRAL Legislative Guide on Privately Financed Infrastructure Projects. CCSI’s comments focused on the need for an updated guide, which will now refer to Public Private Partnerships, to holistically and systematically incorporate considerations of: (1) sustainable development and the SDGs, (2) rebalancing of the public versus private nature of PPPs, (3) transparency, participation, accountability, and remedy, (4) empirical evidence-based assessments of contexts in which PPPs may be desirable, (5) objectives of investment and PPPs, (6) human rights, (7) labor, (8) climate change ...


Human Rights Litigation Against Corporations After Jesner V. Arab Bank, Patrick C. Reed Oct 2018

Human Rights Litigation Against Corporations After Jesner V. Arab Bank, Patrick C. Reed

Publications and Research

In this paper, Dr. Reed explores issues of corporate civil liability for human rights violations. The paper analyzes the recent U.S. Supreme Court ruling in Jesner v. Arab Bank where the Court rejected federal subject-matter jurisdiction over corporate defendants under the Alien Tort Statute. The paper then moves beyond the Supreme Court ruling to identify potential legal exposure for corporations outside the Alien Tort Statute.


On Uses And Misuses Of Human Rights In European Constitutionalism, Vlad F. Perju Oct 2018

On Uses And Misuses Of Human Rights In European Constitutionalism, Vlad F. Perju

Boston College Law School Faculty Papers

No abstract provided.


"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 Oct 2018

"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 ...


Community-Investor Negotiation Guide 2: Negotiating Contracts With Investors, Sam Szoke-Burke, Rachael Knight, Kaitlin Y. Cordes, Tehtena Mebratu-Tsegaye, Marena Brinkhurst Sep 2018

Community-Investor Negotiation Guide 2: Negotiating Contracts With Investors, Sam Szoke-Burke, Rachael Knight, Kaitlin Y. Cordes, Tehtena Mebratu-Tsegaye, Marena Brinkhurst

Columbia Center on Sustainable Investment Staff Publications

Deciding whether or not to allow an investor to use community lands and natural resources is one of the most important decisions a community can make. If an investment project is carried out in a respectful and inclusive way, it may help community members to achieve their development goals, which may include creating jobs and local economic opportunities. But investments come with risks. Investment projects may make the land that community members need for farming and other livelihood activities unavailable for some time. They may pollute local rivers, lakes, air, and soils, or block access to sacred areas or water ...


Community-Investor Negotiation Guide 1: Preparing In Advance For Potential Investors, Rachael Knight, Kaitlin Y. Cordes, Sam Szoke-Burke, Tehtena Mebratu-Tsegaye, Marena Brinkhurst Sep 2018

Community-Investor Negotiation Guide 1: Preparing In Advance For Potential Investors, Rachael Knight, Kaitlin Y. Cordes, Sam Szoke-Burke, Tehtena Mebratu-Tsegaye, Marena Brinkhurst

Columbia Center on Sustainable Investment Staff Publications

Deciding whether or not to allow an investor to use community lands and natural resources is one of the most important decisions a community can make. If an investment project is carried out in a respectful and inclusive way, it may help community members to achieve their development goals, which may include creating jobs and local economic opportunities. But investments come with risks. Investment projects may make the land that community members need for farming and other livelihood activities unavailable for some time. They may pollute local rivers, lakes, air, and soils, or block access to sacred areas or water ...


Outcome Report Of Roundtable On International Investment Regime And Access To Justice, Michelle Chan, Kanika Gupta, Jesse Coleman, Kaitlin Y. Cordes, Lise Johnson Sep 2018

Outcome Report Of Roundtable On International Investment Regime And Access To Justice, Michelle Chan, Kanika Gupta, Jesse Coleman, Kaitlin Y. Cordes, Lise Johnson

Columbia Center on Sustainable Investment Staff Publications

On October 18, 2017, the UN Working Group on Business and Human Rights and the CCSI co-hosted a one-day roundtable on the impacts of the international investment regime on access to justice for investment-affected individuals and communities.

Held at Columbia University in New York, the roundtable brought together 32 individuals from civil society organizations, communities affected by investments at the heart of investor-state claims, governments, academia, donor organizations, UN mandate holders, and other stakeholder groups. The roundtable provided an opportunity for participants to: (i) explore and assess the specific impacts of international investment agreements and investor-state dispute settlement on access ...


Kunm Interviews Jennifer Moore About Refugees, Asylum, And International Law, Jennifer Moore Aug 2018

Kunm Interviews Jennifer Moore About Refugees, Asylum, And International Law, Jennifer Moore

Faculty Scholarship

How The U.S. Ignores Immigration And Asylum Laws, by Megan Kamerick. Immigrant. Refugee. Asylum. These are words we’ve been hearing a lot this year. But what are the laws around refugees in the United States and internationally and is the U.S. following its legal obligations? On this episode of University Showcase, we talk with Professor Jennifer Moore. She's an expert on refugee law and teaches it at UNM. Moore co-authored one of the first law school text books on refugee law. Prior to joining UNM in 1995, she worked with the United Nations High Commission on ...


After Years Of Working With ‘Ritmo’ Detainees, I Know The Inhumane Facility Doesn’T Deserve A Second Chance, Erica B. Schommer Jul 2018

After Years Of Working With ‘Ritmo’ Detainees, I Know The Inhumane Facility Doesn’T Deserve A Second Chance, Erica B. Schommer

Faculty Articles

No abstract provided.


Enforcing/Protection: The Danger Of Chevron In Refugee Act Cases, Maureen A. Sweeney Jul 2018

Enforcing/Protection: The Danger Of Chevron In Refugee Act Cases, Maureen A. Sweeney

Faculty Scholarship

United States immigration courts that decide asylum cases are situated within the Justice Department – a law enforcement agency deeply invested in enforcing border control – and are subordinate to the Attorney General, the nation’s politically appointed chief law enforcement officer. This institutional subjugation of immigration judges and the Board of Immigration Appeals challenges the system’s integrity and leaves people seeking protection promised by international treaty to the whims of an enforcement agency. Courts exacerbate the problem when they give Chevron deference to those Justice Department decisions rather than reviewing them rigorously. Given the prosecutorial nature of the Justice Department ...


Implementing The Ahafo Benefit Agreements: Seeking Meaningful Community Participation At Newmont’S Ahafo Gold Mine In Ghana, Benjamin Boakye, Maggie M. Cascadden, Jordan Kuschminder, Sam Szoke-Burke, Eric Werker Jul 2018

Implementing The Ahafo Benefit Agreements: Seeking Meaningful Community Participation At Newmont’S Ahafo Gold Mine In Ghana, Benjamin Boakye, Maggie M. Cascadden, Jordan Kuschminder, Sam Szoke-Burke, Eric Werker

Columbia Center on Sustainable Investment Staff Publications

In 2008, ten communities in the Brong Ahafo region of Ghana entered into agreements with Newmont Ghana to govern company-community relations, ensure local job creation, and share the benefits of the company’s mining operations. Ten years later, this report, co-authored by Canadian International Resources and Development Institute (CIRDI), African Center for Energy Policy (ACEP), CCSI, and ISP, looks at the communities’ experience of those agreements and suggests how the agreements might be improved. Though the agreements were celebrated for their attempts to include all stakeholders in decision-making, challenges remain around representation, consultation, and participation. New entities established to facilitate ...


How Strong Is Public Support For The Death Penalty In Singapore?, Wing-Cheong Chan, Ern Ser Tan, Jack Tsen-Ta Lee, Braema Mathi Jun 2018

How Strong Is Public Support For The Death Penalty In Singapore?, Wing-Cheong Chan, Ern Ser Tan, Jack Tsen-Ta Lee, Braema Mathi

Research Collection School Of Law

Singapore is well known internationally for its uncompromising stance towards law and order and its use of the death penalty in particular for murder and drug trafficking. Until 2012, it was one of the few countries in the world where the death penalty was mandatory for persons convicted of these two crimes. The law was amended in 2012 to give a judge the choice to impose the death penalty or life imprisonment (with caning) for non-intentional murder and drug trafficking in some situations. What do Singaporeans think of the use of the death penalty in their own country? This article ...


A Kentucky Town Votes Against A Culture War Rematch, Campbell Robertson May 2018

A Kentucky Town Votes Against A Culture War Rematch, Campbell Robertson

Media Collection

No abstract provided.


The Immediacy Of Economic And Social Rights, Katharine Young May 2018

The Immediacy Of Economic And Social Rights, Katharine Young

Boston College Law School Faculty Papers

No abstract provided.


Gay Man Denied Marriage License By Kim Davis Loses Bid To Challenge Her For Kentucky County Clerkship, Mahita Gajanan May 2018

Gay Man Denied Marriage License By Kim Davis Loses Bid To Challenge Her For Kentucky County Clerkship, Mahita Gajanan

Media Collection

No abstract provided.


Man Denied Marriage License By Kim Davis Loses Primary Bid, Will Not Face Her In Fall, Will Wright May 2018

Man Denied Marriage License By Kim Davis Loses Primary Bid, Will Not Face Her In Fall, Will Wright

Media Collection

No abstract provided.


Caudill To Face Davis This November, The Morehead News May 2018

Caudill To Face Davis This November, The Morehead News

Media Collection

No abstract provided.


Amy Schumer, Susan Sarandon Give Cqsh To Kim Davis' Would-Be Opponent, Andrew Wlfoson May 2018

Amy Schumer, Susan Sarandon Give Cqsh To Kim Davis' Would-Be Opponent, Andrew Wlfoson

Media Collection

No abstract provided.


Kim Davis Denied His Marriage License. Will Voters Let Him Try To Oust Her?, Will Wright May 2018

Kim Davis Denied His Marriage License. Will Voters Let Him Try To Oust Her?, Will Wright

Media Collection

No abstract provided.


Candidate Forum: County Clerk, Brad Stacy May 2018

Candidate Forum: County Clerk, Brad Stacy

Media Collection

No abstract provided.


Race For County Clerk Including Gay Man Denied Marriage License By Kim Davis Gets Lots Of Attention, Weku May 2018

Race For County Clerk Including Gay Man Denied Marriage License By Kim Davis Gets Lots Of Attention, Weku

Media Collection

No abstract provided.


A Martin Luther King Jr. Amendment To The U.S. Constitution: Toward The Abolition Of Poverty, Theodore Walker May 2018

A Martin Luther King Jr. Amendment To The U.S. Constitution: Toward The Abolition Of Poverty, Theodore Walker

Perkins Faculty Research and Special Events

Rev. Dr. Martin Luther King Jr. prescribed that we add an economic bill of rights to the U.S. Constitution. A King-Inspired bill of rights should include a constitutional amendment that enumerates a natural human right to be free from economic poverty, and appropriate enforcement legislation.

For the sake of abolishing slavery, the Thirteenth Amendment says:

(Section 1) Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.

(Section 2) Congress shall have power to enforce this article ...


Involuntary Sterilization Among Hiv-Positive Garifuna Women From Honduras Seeking Asylum In The United States: Two Case Reports, Holly G. Atkinson, Deborah Ottenheimer Apr 2018

Involuntary Sterilization Among Hiv-Positive Garifuna Women From Honduras Seeking Asylum In The United States: Two Case Reports, Holly G. Atkinson, Deborah Ottenheimer

Publications and Research

Voluntary sterilization is one of the most widely used forms of contraception by women worldwide; however, involuntary sterilization is considered a violation of multiple human rights and grounds for asylum in the United States. Women have been disproportionately affected by this practice. We report two cases of involuntary sterilization in HIV-positive Garifuna women from Honduras who sought asylum in America and were medically evaluated at the request of their attorneys. Key lessons can be drawn from these cases with regard to the importance of medical evaluations in establishing persecution. These include the need for a detailed account of the events ...