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Articles 1 - 30 of 38
Full-Text Articles in Civil Rights and Discrimination
La Ley De Drogas Vigente Como Sistema Jurídico Paralelo, David Cordero Heredia
La Ley De Drogas Vigente Como Sistema Jurídico Paralelo, David Cordero Heredia
David Cordero Heredia
El artículo analiza como la política internacional anti drogas crea, en Ecuador, un sistema de reglas contrarias a la Constitución y a los tratados internacionales ratificados por el Estado.
Ideologia E Utopias Nas Mais Recentes Constituintes Brasileira E Portuguesa: Algumas Linhas De Leitura, Paulo Ferreira Da Cunha
Ideologia E Utopias Nas Mais Recentes Constituintes Brasileira E Portuguesa: Algumas Linhas De Leitura, Paulo Ferreira Da Cunha
Paulo Ferreira da Cunha
Based upon a political compromise, in which « democratic socialists » and « social democrats » were the main protagonists, the ideology of Portuguese Constitution of 1976 was discrete, subtle. And ulterior constitutional revisions confirmed that fondamental aspect. Of course, utopia was present. But, even more present was the « hope principle ». We believe that the Brazilean constituent assembly, with the original importance of popular contributions, also had hope principle’s decisive influence. But the dinamics of the constituent assembly moderated, since the very beggining, the verbal signs of less discret ideologies. Utopia, neverthless, is very present in the aim …
International Human Rights : The Protection Of The Rights Of Women And Female Children In Africa : Theory And Practice, Eleazar Echezonachi Otiocha
International Human Rights : The Protection Of The Rights Of Women And Female Children In Africa : Theory And Practice, Eleazar Echezonachi Otiocha
Theses and Dissertations
Many governments all over the world have enacted laws and regulations to promote and protect the rights of women and female children. A lot of laws have been put in theory to give women equality with men. In reality or practice, many women all over the world still find it difficult to realize their rights. This study attempts to look at how far the laws on women rights, that is the law in books has become the law in practice/reality in many African states with Nigeria as a case study. This study acknowledges that in theory many African states have …
Shattered Hearts (Full Report): The Commercial Sexual Exploitation Of American Indian Women And Girls In Minnesota., Alexandra (Sandi) Pierce
Shattered Hearts (Full Report): The Commercial Sexual Exploitation Of American Indian Women And Girls In Minnesota., Alexandra (Sandi) Pierce
Annual Interdisciplinary Conference on Human Trafficking: 1st (2009)
Table of contents
Acknowledgements iii
Background 1
Organization of the report 3
I The context 4
Native women’s experiences during colonization 5
Native women’s experiences during national expansion 7
Native girls’ boarding school experiences 8
Impact of assimilation policies on Native women 10
The damage caused by life in prostitution 14
II Methods and definitions 16
III Prevalence 28
Involvement in prostitution 28
Involvement in the Internet sex trade 35
IV Patterns in entering the sex trade 36
Age of entry 36
Modes of entry 39
V Factors that facilitate entry 53
Generational trauma 53
Runaway, thrown away, and/or homeless …
Conciliación Entre Derecho Al Trabajo Y Libertad De Trabajo Desde La Perspectiva De Los Derechos Sociales,Económicos Y Culturales, Sebastián A. Pizarro
Conciliación Entre Derecho Al Trabajo Y Libertad De Trabajo Desde La Perspectiva De Los Derechos Sociales,Económicos Y Culturales, Sebastián A. Pizarro
Sebastián A. Pizarro
El orden público laboral se cimenta sobre un sistema de libertades, no estando aparejado ello a un Derecho al Trabajo. Si bien se ha incluido en la legislación chilena este último a través de la inclusión del Pacto Internacional de Derechos Económicos, Sociales y Culturales, no se ha logrado la adecuada armonía entre la libertad y el derecho mencionado. Cuestión que en un país como el nuestro, resulta esencial, toda vez que a nivel de políticas estatales se ha abandonado la meta del pleno empleo, propendiendo a la precariedad de las relaciones laborales. Se estima es posible integrar a la …
The Legal And Practical Aspects Of Atm's In Tanzania, Daudi Mwita Nyamaka Mr.
The Legal And Practical Aspects Of Atm's In Tanzania, Daudi Mwita Nyamaka Mr.
Daudi Mwita Nyamaka Mr.
The concern of our study was to examine the legal and practical aspects of ATMs in Tanzania. The major problems that were being examined are; the 24 hours operation on ATMs vis-à-vis system failure or error and the system of one bank allowing cardholders of another bank to use its ATMs. With the first problem, all banks in Tanzania with ATMs have attractive advertisements to customers that affirm sufficient services in any time of the day but in reality, the machines usually fail to respond the instructions of the cardholder regardless the fact that the cardholder inserts the card and …
States Of Resistance: The Real Id Act And The Limits Of Federal Deputization Of State Agencies In The Regulation Of Non-Citizens, Shirley Lin
Elisabeth Haub School of Law Faculty Publications
The goal of this Article is to discuss the justiciability of issues arising under immigration federalism by examining the constitutionality of the REAL ID Act. Part I discusses states' authority over non-citizens and the history of "immigration federalism" jurisprudence. Part II explores key provisions of the REAL ID Act, the WHTI, and similar attempts by the federal government to deputize states to engage in citizenship-policing and immigration enforcement. It describes the acute social and economic segregation that the denial of driver's licenses to non-citizens engenders, and examines a number of theories that attempt to capture the impact of the current …
The Hijab In Educational Institutions And Human Rights: Perspectives From Nigeria And Beyond, Abdulmumini A. Oba
The Hijab In Educational Institutions And Human Rights: Perspectives From Nigeria And Beyond, Abdulmumini A. Oba
Abdulmumini A Oba
Islam places much emphasis on modesty and chastity. Islam makes it compulsory for all Muslims to dress with great modesty. The modest dressing for females is referred to as the hijab. The exact ambit of the hijab is subject of controversies. Over the years, in compliance with this divine injunction, Muslim women have adopted all or one or more combination of these: loose outer garment (jilbab), headscarves (khimar), face veil (niqab), and stockings to cover their feet. Any pious Muslim woman would feel strongly, the imperative to adopt these.
Teeming numbers of students in tertiary institutions in Nigeria are now …
O Que É Uma Universidade?, Paulo Ferreira Da Cunha
O Que É Uma Universidade?, Paulo Ferreira Da Cunha
Paulo Ferreira da Cunha
Pouca gente sabe hoje o que é uma Universidade, a sério. Confunde-se muito Universidade e super-mercado de aulas, ou fábrica de « investigação » ou « pesquisa », assim como se confunde serviço público com negócio, vocação com interesse pessoal, etc. É a própria essência da Universidade que está em causa. A confusão é grande no público, que vê a Universidade sobretudo como uma forma de promoção social, pelos diplomas. A confusão não é menor na própria Universidade. Os universitários mais responsáveis interrogam-se sobre a sua função, o sentido do trabalho que fizeram e fazem, e a sua sorte na …
Global Crisis Writ Large: The Effects Of Being Stateless In Thailand On Hill-Tribe Children,, Joy K. Park, John E. Tanagho, Mary E. Weicher Gaudette
Global Crisis Writ Large: The Effects Of Being Stateless In Thailand On Hill-Tribe Children,, Joy K. Park, John E. Tanagho, Mary E. Weicher Gaudette
San Diego International Law Journal
According to the United Nations High Commission for Refugees (UNHCR), "[n]o region of the world has been left untouched by the statelessness issue." International law defines a stateless person as someone "who is not considered as a national by any state under the operation of its law." Yet across the nations, stateless persons do not desire citizenship simply for the sake of citizenship. Ultimately, citizenship, or membership in a nation, provides a link between an individual and that nation and carries with it fundamental benefits and rights. Correspondingly,lack of citizenship translates into a denial of benefits and rights, including basic …
Empowerment Or Estrangement: Liberal Feminism's Visions Of The “Progress” Of Muslim Women, Cyra Akila Choudhury
Empowerment Or Estrangement: Liberal Feminism's Visions Of The “Progress” Of Muslim Women, Cyra Akila Choudhury
Faculty Publications
This paper presents some thoughts on the progress of Muslim women towards gender justice. It argues that Liberal Legal feminism shares a common understanding of history and progress with those Liberal political theories that justified the British Empire. Because of this genealogy, Liberal feminism seeks to reform cultures and societies that do not comport with a particular Liberal teleology that forecloses the expression of alternative ideas of history, progress, and human flourishing. It further argues that Muslim women's organizations that partner with Northern organizations sometimes seek to fulfill Liberal expectations of victimhood at the hands of their culture. The consequence …
The Slaves’ Own Country, Savad Rahman
Gender Outlaws Before The Law: The Courts Of The Borderlands, Aeyal M. Gross
Gender Outlaws Before The Law: The Courts Of The Borderlands, Aeyal M. Gross
Aeyal M. Gross
This Article considers four trials held in the United States, United Kingdom, and Israel, in which gender outlaws were accused and convicted in a criminal court for fraudulent gender presentations. These trials raise questions at a number of junctures that touch on the regulation and politics of sex, gender, and sexuality. I argue that these cases manifest not only the unresolved tension between sexual and gender identities, but also the internal conflicts within the identities themselves, as well as the difficulty of maintaining boundaries amongst them. Furthermore, I argue that, contrary to the rhetoric used by the various courts, the …
Balancing Competing Priorities: Affirmative Action In The United States And Canada, Roozbeh (Rudy) B. Baker
Balancing Competing Priorities: Affirmative Action In The United States And Canada, Roozbeh (Rudy) B. Baker
Roozbeh (Rudy) B. Baker
This Article shall present a detailed analysis of Equality Rights in the United States and Canada, and their relationship to race based government affirmative action programs as practiced in those two countries. At its most basic level, Equality Rights can be defined generally as the idea that a government must not discriminate against its citizens (i.e. treat some of them differently from others). Yet given this general definition of Equality Rights, how can one reconcile the concept with that of race based affirmative action programs? As this Article shall demonstrate, via its survey of the radically opposed American and Canadian …
Universal Jurisdiction And The Case Of Belgium: A Critical Assessment, Roozbeh (Rudy) B. Baker
Universal Jurisdiction And The Case Of Belgium: A Critical Assessment, Roozbeh (Rudy) B. Baker
Roozbeh (Rudy) B. Baker
Praised in some quarters as a useful tool for bringing criminal perpetrators to justice, criticized by others as a threat to state sovereignty, universal jurisdiction has certainly emerged as a heated topic within international criminal law. In 1993, the Kingdom of Belgium enacted a domestic statute, the Loi du 16 Juin, which codified (in domestic Belgian law) the use and application of universal jurisdiction (for international crimes) in Belgian courts. The Statute, which went through two major revisions in February 1999 and April 2003, granted Belgian courts jurisdiction over war crimes, crimes against humanity, and genocide, regardless of where in …
Implementación Del Derecho A La Consulta Previa A Los Pueblos Indígenas En Ecuador, David Cordero Heredia
Implementación Del Derecho A La Consulta Previa A Los Pueblos Indígenas En Ecuador, David Cordero Heredia
David Cordero Heredia
No abstract provided.
Wild-West Cowboys Versus Cheese-Eating Surrender Monkeys: Some Problems In Comparative Approaches To Extreme Speech, Eric Heinze
Wild-West Cowboys Versus Cheese-Eating Surrender Monkeys: Some Problems In Comparative Approaches To Extreme Speech, Eric Heinze
Prof. Eric Heinze, Queen Mary University of London
All European states ban some form of hate speech. US law precludes such bans. In view of the political and symbolic importance of free speech, it becomes tempting to assume that trans-Atlantic differences towards hate speech reflect deeper cultural divisions.
However, we must pay attention to comparative methodology before drawing ambitious conclusions about cross-cultural social and political differences that derive solely from differences in formal, black-letter norms. In this volume, Robert Post claims that formal, constitutional requirements of content-neutral regulation reflect a freer public sphere in the US, in contrast to the European public sphere.
Yet a legal-realist approach casts …
Cumulative Jurisprudence And Hate Speech: Sexual Orientation And Analogies To Disability, Age And Obesity, Eric Heinze
Cumulative Jurisprudence And Hate Speech: Sexual Orientation And Analogies To Disability, Age And Obesity, Eric Heinze
Prof. Eric Heinze, Queen Mary University of London
Non-discrimination norms in human rights instruments generally enumerate specified categories for protection, such as race, ethnicity, sex or religion, etc. They often omit express reference to sexual minorities.
Through open-ended interpretation, however, sexual minorities subsequently become incorporated. That ‘cumulative jurisprudence’ yields protections for sexual minorities through norms governing privacy, employment, age of consent, or freedoms of speech and association.
Hate speech bans, too, are often formulated with reference to traditionally recognised categories, particularly race and religion. It might be expected that the same cumulative jurisprudence should therefore be applied to include sexual minorities. In this article, that approach is challenged. …
Same-Sex Relationships And The Full Faith And Credit Clause: Reducing America To The Lowest Common Denominator, Rena M. Lindevaldsen
Same-Sex Relationships And The Full Faith And Credit Clause: Reducing America To The Lowest Common Denominator, Rena M. Lindevaldsen
Rena M Lindevaldsen
This Article examines the legal and policy implications that arise when a state that expressly prohibits recognition or enforcement of any rights arising from a same-sex relationship is confronted with a request to register and enforce a child custody order issued by another state that gives custody or visitation rights to a biological mother’s former same-sex partner. As more states confer marital rights to same-sex couples, this issue will occur with increasing frequency. The first reported case in the nation to address the issue, Miller-Jenkins v. Miller-Jenkins, has garnered attention from the national media, including a cover story in the …
Woman Of Valor, Sherrilyn A. Ifill
The Emperor Is Still Naked: Why The Protocol On The Rights Of Women In Africa Leaves Women Exposed To More Discrimination, Kristin Davis
The Emperor Is Still Naked: Why The Protocol On The Rights Of Women In Africa Leaves Women Exposed To More Discrimination, Kristin Davis
Vanderbilt Journal of Transnational Law
The Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa entered into force in 2005. Met with much celebration for the protection it would provide African women, the Protocol was heralded as one of the most forward-looking human rights instruments. Now, fifteen years after it was conceived, the Protocol deserves a full assessment of the issues that it has faced in accession and will face in implementation. This Note analyzes the way in which the Protocol was developed and the effect the Protocol's language will have on its ability to achieve its …
Treason In The Age Of Terrorism: An Explanation And Evaluation Of Treason's Return In Democratic States, Kristen E. Eichensehr
Treason In The Age Of Terrorism: An Explanation And Evaluation Of Treason's Return In Democratic States, Kristen E. Eichensehr
Vanderbilt Journal of Transnational Law
Treason is an ancient crime, but it fell into disuse in most Western democratic states after World War I. Now it is making a comeback with prosecutions or threatened prosecutions against a new type of enemy--accused terrorists--in the United States, the United Kingdom, and Israel. In the postwar period, commentators wrongly argued that treason would no longer be prosecuted because it is antiliberal, too difficult to prove, unnecessary because modern democracies are stable and secure, and premised on an extinct sense of loyalty to the state. This Article begins by debunking these claims and explaining treason's recent reappearance. First, democratic …
Alinsky's Prescription: Democracy Alongside Law, 42 J. Marshall L. Rev. 723 (2009), Barbara L. Bezdek
Alinsky's Prescription: Democracy Alongside Law, 42 J. Marshall L. Rev. 723 (2009), Barbara L. Bezdek
UIC Law Review
No abstract provided.
Reinventar La Esclavitud, Garantizar La Libertad: De Saint-Domingue A Santiago A Nueva Orleáns, 1803-1809, Rebecca J. Scott
Reinventar La Esclavitud, Garantizar La Libertad: De Saint-Domingue A Santiago A Nueva Orleáns, 1803-1809, Rebecca J. Scott
Articles
From French and Creole to Spanish, the domain of the Napoleonic Empire to the king of Spain, crossing the strait separating the French colony of Saint-Domingue and the Spanish colony of Cuba entailed a change of language and government. Some 18,000 people made that transition between the spring and summer of 1803 during the Revolutionary War in Saint-Dominque. Six years later, many crossed the Gulf of Mexico from Cuba to New Orleans and the recently acquired Louisiana Territory under the authority of a territorial governor and the United States Congress. What would these crossings lead to for those who had …
Dilemmas Of Cultural Legality: A Comment On Roger Cotterrell's 'The Struggle For Law' And A Criticism Of The House Of Lords' Opinions In Begum, John Mikhail
Georgetown Law Faculty Publications and Other Works
In “The Struggle for Law: Some Dilemmas of Cultural Legality,” Professor Roger Cotterrell argues that the law’s most distinctive aspiration is to promote a respectful exchange of ideas among different parts of a multicultural society. He illustrates his thesis with the House of Lords’ decision in Begum, describing it as “a relatively successful contribution to the process by which battlefields of rights are turned into areas of routine structuring” and finding much to admire in the messages communicated by the Lords in this case. I am more troubled by the Lords’ opinions in Begum and less convinced than Cotterrell seems …
Human Rights Hero - President Barack Obama, Stephen Wermiel
Human Rights Hero - President Barack Obama, Stephen Wermiel
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Mining The Intersections: Advancing The Rights Of Women And Children With Disabilities Within An Interrelated Web Of Human Rights, Rangita De Silva De Alwis
Mining The Intersections: Advancing The Rights Of Women And Children With Disabilities Within An Interrelated Web Of Human Rights, Rangita De Silva De Alwis
All Faculty Scholarship
No abstract provided.
Narratives Of Oppression, Michael Tigar
Adding Social Condition To The Canadian Human Rights Act, A. Wayne Mackay, Natasha Kim
Adding Social Condition To The Canadian Human Rights Act, A. Wayne Mackay, Natasha Kim
Reports & Public Policy Documents
Almost a decade ago, in June 2000, the Canadian Human Rights Act Review Panel conducted a comprehensive review of the Canadian Human Rights Act [CHRA] and recommended that “social condition” be added as a prohibited ground of discrimination. Since then, no action has been taken to implement this recommendation, despite calls for action from international bodies, political actors, human rights agencies and organizations, and academic commentators to provide protections from discrimination for those suffering from social and economic disadvantage. The authors analyze the experiences at the provincial level with socio-economic grounds of discrimination, jurisprudential developments under the Canadian Charter of …
Introduction [Comments], Andrew Scherer