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Articles 1 - 6 of 6
Full-Text Articles in Human Rights Law
#Metoo And The Pursuit Of Women's International Human Rights, Benedetta Faedi Duramy
#Metoo And The Pursuit Of Women's International Human Rights, Benedetta Faedi Duramy
Publications
IN THE PAST YEAR, high profile cases and the ensuing #MeToo movement have raised much attention on issues surrounding gender discrimination, violence against women, and sexual harassment in the workplace. In the United States, allegations of sexual assault and harassment spawned the deposition or resignation of prominent figures in the entertainment, media, dining, and business industries following the onset of the #MeToo social media movement.' In the rest of the world, many people also embraced the online crusade by sharing the hashtag millions of times or creating their own versions of it. Feminists and scholars have since attempted to keep …
Exporting South Africa's Social Rights Jurisprudence, Eric C. Christiansen
Exporting South Africa's Social Rights Jurisprudence, Eric C. Christiansen
Publications
One of the most distinctive elements of South Africa’s jurisprudence has been its willingness to adjudicate socio-economic rights in addition to traditional civil and political rights. While the advancement of social welfare as a whole has clearly proceeded at a far slower pace than political equality, the Constitutional protection of social rights and its enforcement by the Court continues to inspire social justice advocates in their work within South Africa and abroad. Indeed, despite the as-yet inadequate advancement of substantive socio-economic equality, much can be praised about the South African Constitutional project—and much can be learned from it. Particularly, much …
Sosa V. Alvarez-Machain - Restricting Access To Us Courts Under The Federal Tort Claims Act And The Alien Tort Statute: Reversing The Trend, Laura A. Cisneros
Sosa V. Alvarez-Machain - Restricting Access To Us Courts Under The Federal Tort Claims Act And The Alien Tort Statute: Reversing The Trend, Laura A. Cisneros
Publications
To function with adequate predictability and efficiency, the international community must maintain orderly relations among its members. This necessarily requires that members develop international norms of behavior and accept a certain loss of their otherwise exclusive sovereignty. Nowhere has the enforcement of international norms been more pronounced than in the area of human rights. International human rights norms directly challenge conventional notions of exclusive state sovereignty and unilateral action. The United States has long been a motive force behind the international human rights movement, opening its federal courts to redress human rights violations committed domestically or abroad. Specifically, federal courts …
The First Five-Year Span (1989-1994): Law And Religion In Post-Communist Hungary, Helen E. Hartnell
The First Five-Year Span (1989-1994): Law And Religion In Post-Communist Hungary, Helen E. Hartnell
Publications
The goals of this article are to examine the most significant developments in Hungary during the 1989-1994 period and to situate them in the larger context of international human-rights law. After briefly setting forth an analytical framework for religious liberty and the separation of church and state, this article describes and analyzes the pertinent Hungarian laws and court decisions, and concludes that despite significant improvement in religion's legal status, its actual situation is precarious.
Pro Bono Publico Meets Droits De L'Homme: Speaking A New Legal Language, Stephen A. Rosenbaum
Pro Bono Publico Meets Droits De L'Homme: Speaking A New Legal Language, Stephen A. Rosenbaum
Publications
In this Article, the author examines ways that legal aid advocacy organizations in the U.S. can utilize international human rights doctrine and procedures to advance the interests of poor and marginalized Americans in domestic and foreign venues. This is a sympathetic account of some of the efforts undertaken by legal services lawyers in this burgeoning field of law. The first section briefly describes the history and structure of the quasi-public legal aid programs funded by the Legal Services Corporation (LSC). Section two details practical reasons why attorneys may want to look to international instruments or forums to achieve their clients' …
Application Of International Human Rights Law In State And Federal Courts, Stephen A. Rosenbaum, Kathryn Burke, Sandra Coliver, Connie De La Vega
Application Of International Human Rights Law In State And Federal Courts, Stephen A. Rosenbaum, Kathryn Burke, Sandra Coliver, Connie De La Vega
Publications
This article provides a substantive discussion of international human rights law and how it can be used in federal and state courts to protect human rights within and outside the United States. It provides a comprehensive analysis of cases and examples of possible areas in which international human rights standards may be used to interpret United States laws. Specifically, the article seeks to promote more extensive use of international human rights laws by United States lawyers.
State and federal courts have traditionally used international law for the application and enforcement of treaties to which the United States has been a …