Human Rights Law Commons^™

We Do Indeed Reap What We Sow, Walter Lotze

Human Rights & Human Welfare

When violence first broke out in Tunisia in January 2011, few observers would have predicted that waves of unrest would engulf North Africa and the Arab world. When demonstrations swiftly spread to Algeria, Sudan, Egypt, Yemen, Bahrain, and Jordan, observers hastened to place bets on which regime would be the next to fall. That Hosni Mubarak would be felled next came perhaps as no surprise; Egypt had for years been on a knife’s edge, liberalizing and modernizing society while closing all space for political and social participation. Most analysts then turned their attention to Sudan, Yemen, and Bahrain, predicting that …

March Roundtable: Libya And The Responsibility To Protect, Introduction, Claudia Fuentes

Human Rights & Human Welfare

An annotation of:

Article under review: “It’s Time to Intervene” by Shadi Hamid. Slate. February 23 2011.

Feminism And Democracy, Louis Edgar Esparza

Human Rights & Human Welfare

After work on December 1, 1955 in Montgomery, Alabama, Rosa Parks walked onto a bus that was to take her home that night. She ended up on a trip to jail instead, for refusing to give her seat to a white passenger. The event triggered resistance to bus segregation, the founding of the Montgomery Improvement Association, and the election of the then-unknown Dr. Martin Luther King as its leader. The success of the campaign is an integral battle in our historical retellings of the US African American Civil Rights Movement. Fewer recount the sexual harassment against black women by white …

Is It Really Time To Intervene In Libya?, Christina Cerna

Human Rights & Human Welfare

Shadi Hamid, in “It’s Time to Intervene,” suggests that the international community—specifically, the United States, the United Nations, and NATO—must intervene in Libya because Muammar Gaddafi has declared that he is ready and willing to slaughter his own people if his survival depends on it. The author considered Gaddafi’s speech otherwise “bizarre” and “incoherent.”

I Will Survive, Robert Funk

Human Rights & Human Welfare

Academics do not often quote 70s disco tunes. At least not in print. But if there is one thing that has been striking about the events in Libya in recent weeks—and indeed looking back over decades—it is the sheer ability of Colonel Muammar Gaddafi to survive. He is, perhaps with Fidel Castro, the world’s greatest survivor. He has indeed learned how to carry on.

Abeyance And Spontaneity In Tunisia, Louis Edgar Esparza

Human Rights & Human Welfare

On August 16, 1819, tens of thousands of workers gathered in what is now St. Peter’s Square in Manchester to demand suffrage. Entire families, parishes, and townships assembled, fueled by increasing commodity prices and political disenfranchisement. They had spread the word from town to town, and from church to church, that this previously banned meeting was indeed to occur. It was the culmination of months of agitation on the part of common people to achieve economic and political reform. The government responded violently to the challenge of its authority, as governments so often do, leading to a score of deaths …

February Roundtable: The Arab Revolutions And Human Rights, Introduction

Human Rights & Human Welfare

An annotation of:

“The Failure of Governance in the Arab World” by Simon Tisdall. The Guardian. January 11 2011.

A Little Respect, Please, Christina Cerna

Human Rights & Human Welfare

Simon Tisdall suggests that last month, when Mohammed Bouazizi (twenty-six years old), “an unemployed graduate, set himself on fire outside a government building in protest at police harassment,” his act became the “rallying cause for Tunisia’s disaffected legions of unemployed students, impoverished workers, trade unionists, lawyers and human rights activists.” The reaction to his act of self-immolation and death on January 4th led to the flight of President Ben Ali ten days later to Saudi Arabia and to the end of Ali's twenty-three-year rule of Tunisia. Time reported the event as follows: “When Mohamed Bouazizi set himself alight on Dec. …

Those Pesky Winds Of Change..., Walter Lotze

Human Rights & Human Welfare

When a police officer slapped a fruit seller by the name of Mohammed Bouazizi in the Tunisian town of Sidi Bouzid, nobody could have anticipated that a revolution had commenced. Bouazizi, a twenty-six-year-old computer science graduate unable to find work, had resorted to selling fruit from a street cart in an attempt to support himself and his seven siblings. Slapped by the police officer and ordered to pack up his goods, Bouazizi himself snapped. He marched to the local governor’s office and demanded an appointment, threatening to set himself alight if the governor did not meet with him. In frustration, …

He's Our Son Of A Bitch, Robert Funk

Human Rights & Human Welfare

It is said that Franklin Delano Roosevelt defended the US tendency to support dictators by remarking, “He may be a son of a bitch, but he's our son of a bitch.” The recent events in Tunisia and Egypt indicate that almost seventy years later, this unfortunate phrase seems to continue to guide US foreign policy.

Steven M. Schneebaum On The Death Penalty And Human Rights. By Sir Fred Phillips. Q.C. Kingston, Jamaica: Caribbean Law Publishing Company. 2009. 101pp., Steven M. Schneebaum

Human Rights & Human Welfare

A review of:

The Death Penalty and Human Rights. By Sir Fred Phillips. Q.C. Kingston, Jamaica: Caribbean Law Publishing Company. 2009. 101pp.

Human Trafficking And Minorities: Vulnerability Compounded By Discrimination, Heidi Box

Human Rights & Human Welfare

Human trafficking is an extreme human rights violation that impacts all populations across the globe and is characterized by force, fraud, and coercion intended for exploitation (Palermo Protocol 2000). Currently, human trafficking research is particularly limited by non-standard terminology and a clandestine research population. While estimates of the number of trafficked persons vary widely and are notoriously unsubstantiated, we can still arrive at some conclusions regarding the overall number of trafficked persons. One low estimate suggests that in 2005, at least 2.4 million people had been trafficked into forced labor situations and approximately 12.3 million people were victims of forced …

January Roundtable: The Haiti Earthquake, One Year Later, Introduction

Human Rights & Human Welfare

An annotation of:

“Haiti's Blame Game” by Poooja Bhatia. Foreign Policy. November 23 2010.

Guy Lancaster On Genocide: A Normative Account. By Larry May. Cambridge: Cambridge University Press. 2010. 283 Pp., Guy Lancaster

Human Rights & Human Welfare

A review of:

Genocide: A Normative Account. By Larry May. Cambridge: Cambridge University Press. 2010. 283 pp.

Vincent Druliolle On Unearthing Franco's Legacy: Mass Graves And The Recovery Of Historical Memory In Spain. Edited By Carlos Jerez-Farrán And Samuel Amago. Notre Dame, In: University Of Notre Dame Press, 2010. 410pp., Vincent Druliolle

Human Rights & Human Welfare

A review of:

Unearthing Franco's Legacy: Mass Graves and the Recovery of Historical Memory in Spain. Edited by Carlos Jerez-Farrán and Samuel Amago. Notre Dame, IN: University of Notre Dame Press, 2010. 410pp.

Humanitarian Intervention, The Responsibility To Protect, And Confused Legitimacy, Eric A. Heinze

Human Rights & Human Welfare

A review of:

Humanitarian Intervention and the Responsibility to Protect: Who Should Intervene? By James Pattison. Oxford: Oxford University Press, 2010. 284 pp.

and

Humanitarian Intervention: An Introduction. By Aidan Hehir. New York: Palgrave Macmillan, 2010. 303pp.

Lost In Translation: Linguistic Minorities In The European Union, Nirvana Bhatia

Human Rights & Human Welfare

“A nation without a language is a nation without a soul,” declares a Gaelic proverb. Indubitably, language is a product of national identity; it preserves heritage, reflects societal beliefs and values, and expresses a cultural spirit. The current international human rights regime, however, does not recognize an individual’s right to language choice; instead, it promises freedom from linguistic discrimination. The implications are not quite the same and, as a result, states have successfully repressed minority populations by controlling their language options. The European Union in particular—with its panoply of languages—demonstrates an inconsistent approach toward linguistic minorities; it attempts to promote …

The Irony Of Refuge: Gender-Based Violence Against Female Refugees In Africa, Liz Miller

Human Rights & Human Welfare

The Sudanese soldiers and the Janjawid invaded her village. When she tried to escape, they gang-raped her. At that time, she was eight months pregnant and described giving birth to a dead baby afterward and being very sick. She could not make it with her group to the border to flee to Chad so she had to walk alone. Once she got to Chad, she was raped by a Chadian soldier outside of the camp and became pregnant. Afterwards, her husband divorced her, and she now lives with the stigma of being a rape victim. She has been expelled from …

Indigenous Political Participation: The Key To Rights Realization In The Andes, Stephanie Selekman

Human Rights & Human Welfare

"There is no way back, this is our time, the awakening of the indigenous people. We'll keep fighting till the end. Brother Evo Morales still has lots to do, one cannot think that four years are enough after 500 years of submission and oppression,” said Fidel Surco, a prominent indigenous leader, reflecting on Bolivia’s first indigenous president entering his second term (Carroll & Schipani 2009).

The Andean region is particularly appropriate for examining indigenous political rights because 34-40 million indigenous people reside mostly in this region. The actualization of human rights for Andean indigenous groups is an inherently complex issue, …

The Perils Of Walking Fast And Walking Far, Walter Lotze

Human Rights & Human Welfare

When Haitian President René Préval early in January 2011 lambasted the international community for riding roughshod over his country’s sovereignty and his government, and called for greater Haitian ownership over the aid and recovery effort in his country, he highlighted a frustration which has been noted by so many other nations before: while international aid efforts are welcome and usually do provide critical relief to the targeted populations in the short term, they generally tend to undermine governments (and the faith of the people in their government) over the long term.

Anastasia Tataryn On The Deportation Regime: Sovereignty, Space, And The Freedom Of Movement. Edited By Nicholas Degenova And Nathalie Peutz. Durham & London: Duke University Press, 2010. 520pp., Anastasia Tataryn

Human Rights & Human Welfare

A review of:

The Deportation Regime: Sovereignty, Space, and the Freedom of Movement. Edited by Nicholas DeGenova and Nathalie Peutz. Durham & London: Duke University Press, 2010. 520pp.

Remembering The Past And Struggling For Justice: The Contested Legacy Of Authoritarian Rule In Chile, Rebecca Evans

Human Rights & Human Welfare

A review of:

Battling for Hearts and Minds: Memory Struggles in Pinochet’s Chile, 1973-1988. Vol. 2 of The Memory Box of Pinochet’s Chile. By Steven J. Stern. Durham, NC: Duke University Press, 2006. 247pp.

and

Remembering Pinochet’s Chile: On the Eve of London 1998. Vol. 1 of The Memory Box of Pinochet’s Chile. By Steven J. Stern. Durham, NC: Duke University Press, 2004. 538pp.

and

The Pinochet Effect: Transnational Justice in the Age of Human Rights. By Naomi Roht-Arriaza. Philadelphia: University of Pennsylvania Press, 2005. 256pp.

Human Rights And The Search For Common Ground: A Comparative Study Of Islamic And Christian Thought, Joseph Prud'homme

Human Rights & Human Welfare

A review of:

Common Ground: Islam, Christianity, and Religious Pluralism. By Paul Heck. Washington, DC: Georgetown University Press. 2009.

Introduction: Minority Rights, Joel R. Pruce

Human Rights & Human Welfare

The central thread woven through this Digest is the concept of vulnerability. Minority status, broadly construed, represents a core characteristic that carries with it particular human rights implications. Historically, minorities are frequently targeted for exploitation and scapegoated when things go badly. Without the capacity to protect themselves and without spokespersons to stand with them in solidarity, minority groups are specifically susceptible to gross exercises of power and abuse and too often denied access to channels through which to make claims and demand redress. Violations of minority rights are commonly structural in nature, as discriminatory practices are built into political and …

Paul Timmermans On Invisible War: The United States And The Iraq Sanctions. By Joy Gordon. Cambridge, Ma: Harvard University Press, 2010. 359 Pp., Paul Timmermans

Human Rights & Human Welfare

A review of:

Invisible War: The United States and the Iraq Sanctions. By Joy Gordon. Cambridge, MA: Harvard University Press, 2010. 359 pp.

Perspectives On Resignation In Protest, Walter J. Kendall Iii

Human Rights & Human Welfare

A review of:

How Do I Save My Honor? War, Moral Integrity, and Principled Resignation. By William F. Felice. Lanham, Maryland: Rowan & Littlefield Publishers, 2009. 222pp.

Tibetan Refugees' Rights And Services In India, Claudia Artiles

Human Rights & Human Welfare

The Chinese invasion of Tibet, and the Dalai Lama’s subsequent decision to flee in 1959, resulted in the mass influx of Tibetan refugees into India that continues today. It has become clear to the Indian government, as well as to the Tibetan community in exile, that repatriation is unlikely in the near future. Consequently, an evaluation of India’s protection of, and assistance for Tibetan refugees is necessary to ensure their treatment is in accordance with international standards. Unfortunately, such an assessment shows that there is a lack of proper protections and services; this ought to be of particular concern to …

Latin America’S Indigenous Women, Courtney Hall

Human Rights & Human Welfare

Latin America’s indigenous women are as diverse as the land they inhabit. Their uniqueness is shaped by belonging to groups that have their own distinct history, traditions, and identity. Yet despite this diversity, indigenous women confront the same human rights challenges: racial, gender, and socio-economic discrimination. Without ignoring the diversity of indigenous women, a better understanding of their fundamental struggles can be gained by weaving these issues together in a comprehensive narrative.

Untouchability Today: The Rise Of Dalit Activism, Christine Hart

Human Rights & Human Welfare

On July 19, 2010, the Hindustan Times reported that a Dalit (“untouchable”) woman was gang-raped and murdered in the Indian state of Uttar Pradesh. The crime was an act of revenge perpetrated by members of the Sharma family, incensed over the recent elopement of their daughter with a man from the lower-caste Singh family. Seeking retributive justice for the disgrace of the marriage, men from the Sharma family targeted a Dalit woman who, with her husband, worked in the Singh family fields. Her death was the result of her sub-caste status; while the crime cost the Singh family a valuable …

Security Now: Addressing The Needs Of Darfur’S Children, Nicole Judd

Human Rights & Human Welfare

In the Darfur region of Sudan, over 2.3 million children have been affected by the ongoing genocide (UNICEF 2008). Unlike their adult counterparts, children are impacted more severely by the consequences of warfare as they are undergoing a fragile developmental process. While each one of the affected children has had their basic human rights violated in some form, the narrative of trauma differs between groups. Sexually-exploited girls, boy soldiers, unaccompanied children, and those who remain in under-resourced camps have experienced the protracted violence in unique ways. To mitigate the effects of war, each group should receive individualized humanitarian assistance as …