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Articles 1 - 30 of 399
Full-Text Articles in Human Rights Law
One Of Many: The Power Of Publication In The Human Rights Regime, Amanda Lorenzo
One Of Many: The Power Of Publication In The Human Rights Regime, Amanda Lorenzo
Human Rights Brief
On September 19, 2011, the High Court of Tanzania found Ghati Mwita guilty of murder for a February 4, 2008 homicide, sentencing her to hang pursuant to Tanzania’s mandatory death sentence. The domestic Court of Appeal sitting at Mwanza dismissed Mwita’s appeal on March 11, 2013 and rejected her application for review on that decision on March 19, 2015. Mwita then brought the case to the African Court of Human Rights (the Court) alleging that the conviction and sentencing procedures violated her fundamental rights under the Banjul Charter (the Charter).
Ecthr Halts Forced Deportation Of Uyghur Couple Seeking Asylum In Malta: Latest In A Series Of Breaches Of European Convention On Human Rights, Tesa Hargis
Human Rights Brief
On January 16, 2023, the European Court of Human Rights (ECtHR) ordered Malta to halt the process of forcibly removing a Uyghur couple, A.B. and Y.M., seeking asylum. The couple, who are Chinese nationals of Uyghur ethnicity and Muslim faith, arrived in Malta in 2016; the rejection of their initial application in 2017 forced them to live in hiding for years. Prior to bringing their case to the ECtHR, the Uyghur couple had been detained at the Safi Barracks and were facing immediate deportation to China.
Religious Discrimination And Violation Of Property Rights In Turkey, Andre Taylor
Religious Discrimination And Violation Of Property Rights In Turkey, Andre Taylor
Human Rights Brief
In 2022, the European Court of Human Rights (ECtHR) provided a ruling in an application against Turkey by the Foundation of the Taksiarhis Greek Orthodox Church. The Turkish government was held to have committed religious discrimination against its Greek Orthodox community by rejecting an application to register a historic church without a valid explanation. The Turkish High Court decided to register the disputed property in the name of the Public Treasury rather than grant ownership of the property outright to the Church. The Istanbul Administrative Court had repeatedly dismissed the Church’s appeals on the basis that the conditions listed in …
Movement Lawyering: Rebuilding Community Power & Decentering Law, Sami Schramm, Naima Muminiy, Madison Sharp, Angela Altieri, Thea Cabrera Montejo
Movement Lawyering: Rebuilding Community Power & Decentering Law, Sami Schramm, Naima Muminiy, Madison Sharp, Angela Altieri, Thea Cabrera Montejo
Human Rights Brief
On Thursday, February 16, 2023, the Human Rights Brief held its annual symposium entitled Movement Lawyering: Rebuilding Community Power and Decentering Law. It was organized by Angela Altieri, Madison Sharp, Naima Muminiy, Sami Schramm, Destiny Staten, Angel Gardner, Leila Hamouie, Fabian Kopp, Marnie Leonard, and Thea Cabrera Montejo. Together, the team curated a day full of empowering keynotes, inspiring panels, and an insightful workshop. The team also created a resource to document the event.
Lessons In Movement Lawyering From The Ferguson Uprising, Maggie Ellinger-Locke
Lessons In Movement Lawyering From The Ferguson Uprising, Maggie Ellinger-Locke
Human Rights Brief
Michael Brown was killed by Officer Darren Wilson on August 9, 2014. That day, I was on vacation in Michigan with my family, hanging on the beach and playing in the water. My father passed away from liver cancer exactly four months before, and I made the decision to close down his law practice in the St. Louis, Missouri area, and move to Washington, DC, where my longterm partner had taken a job. The trip to Michigan was supposed to be a stopover on my way to DC; my car was packed to the brim.
Movement Lawyering For Georgia Worker Cooperatives, Julian M. Hill
Movement Lawyering For Georgia Worker Cooperatives, Julian M. Hill
Human Rights Brief
Capitalism’s Contradictions in Atlanta. The Park Place and Auburn Avenue intersection in downtown Atlanta juxtaposes capitalism’s shiny veneer and putrid underbelly. Among Georgia State University’s multi-story buildings, Woodruff Park’s lush trees, and the vibrant Sweet Auburn neighborhood once home to Martin Luther King, Jr., diverse youth vying for class ascension and minority-owned businesses exemplifying Atlanta’s claim as an entrepreneurship hub populate the sidewalks. A deeper look, however, reveals cracks within the “Real Wakanda” facade. Wooden boards cover commercial space doors along Auburn Avenue, houseless folks support each other and request help from others around Woodruff Park, and students born into …
Violating The Protections Of International Law: Examining Methods To Combat The Practice Of Female, Angel R. Gardner
Violating The Protections Of International Law: Examining Methods To Combat The Practice Of Female, Angel R. Gardner
Human Rights Brief
In 2021, the women’s rights non-governmental organization (“NGO”), Equality Now, filed a lawsuit alongside other organizations1 challenging Mali’s failure to outlaw the practice of female genital mutilation (“FGM”). FGM involves the partial or total removal of the external female genitalia or other injury to female genital organs for non-medical purposes. The practice of FGM traces back to an ancient ritual, however, current research reveals that it causes serious health problems. The case brought by these NGOs has the potential to create binding precedent against the practice of FGM across all the African States.
Impact Of Extreme Hindutva Ideology On Freedom Of Speech In India, Meher Shah
Impact Of Extreme Hindutva Ideology On Freedom Of Speech In India, Meher Shah
Human Rights Brief
In the last decade, India has seen a rise of extreme far-right nationalism often referred to as the “Hindutva movement.” While the movement existed even before India obtained its independence in 1947, it recently gained unprecedented popularity and support among Indian citizens and non-resident Indians. Among the factors responsible for the Hindutva movement’s current popularity is blatant support and affiliation from the ruling political party, the Bharatiya Janta Party (BJP). The BJP has been a leading endorser of the Hindutva ideology, bringing it back to the center stage of Indian politics.1 The rise and spread of the ideology and its …
China's Violation Of Refugee Rights: Repatriation Of North Korean Refugees, Ellery Saluck
China's Violation Of Refugee Rights: Repatriation Of North Korean Refugees, Ellery Saluck
Human Rights Brief
The concept of the North Korean defector is so pervasive that it tends to eclipse the legal reality: she is also a refugee. While the urgent economic prerogative for defecting has waned since the widespread North Korean famine of the 1990s, North Koreans continue to escape for various reasons, such as seeking a better standard of living, enjoying freedom of movement, and pursuing freedom of political and religious affiliation. The Democratic People’s Republic of Korea (DPRK) legislates serious, and even fatal, retribution for the crime of defecting. Yet, Chinese authorities refuse to acknowledge the refugee sur place status of the …
Access To Education: Protecting Students With Disabilities By Decriminalizing Behavior, Maria Jardeleza
Access To Education: Protecting Students With Disabilities By Decriminalizing Behavior, Maria Jardeleza
Human Rights Brief
Contrary to international human rights standards, laws that criminalize disorderly and disruptive behavior in schools neglect the needs of students with disabilities. These laws lead to the exclusion of students with disabilities from educational settings and are applied unfairly against them. This Article will first look at state statutes and school policies that grant broad discretion in determining when and how to exclude students from learning opportunities through suspensions, expulsions, and referrals to law enforcement1. Understanding the use of these statutes against students within the context of the data on school discipline rates for students with disabilities shows the disproportionate …
Facial Recognition System Is A Violation Of Human Rights In The Context Of The Echr, Aykhan Dadashov
Facial Recognition System Is A Violation Of Human Rights In The Context Of The Echr, Aykhan Dadashov
Human Rights Brief
On January 31, 2020, Nikolay Sergeyevich Glukhin lodged a complaint to the European Court of Human Rights (ECtHR) arguing that the Russian government violated his right to respect for private life (Article 8) and freedom of expression (Article 10) under the European Convention on Human Rights (ECHR). Glukhin held a banner in metro station of Moscow to protest the detention and criminal proceedings against a political activist. Using CCTV cameras and videos taken by a passersby on an app called Telegram, the police managed to identify and arrest Glukhin. It investigated CCTV cameras installed in other stations for further inquiry …
Former Peruvian President Fujimori's Forced Sterilization Program Faces Prosecution 26 Years Later, Taylor Potenziano
Former Peruvian President Fujimori's Forced Sterilization Program Faces Prosecution 26 Years Later, Taylor Potenziano
Human Rights Brief
In 1996, the Peruvian government under President Alberto Fujimori launched the National Reproductive Health and Family Planning Program (PNSRPF). While the government pitched the program as a way to promote access to family planning for low-income families and a way for women to be “masters of their own destiny,” the PNSRPF functioned as a forced sterilization program. From 1996 to 2001, 272,028 people were forcibly sterilized, the majority of them impoverished indigenous women from rural areas.
Romanian Government Will Implement Measures To Prevent Further Violations Of Rightsof People With Mental Health Conditions Or Disabilities In Accord With The Decision Of The European Court Of Human Rights, Tesa Hargis
Human Rights Brief
On June 21 and 22, the European Court of Human Rights (ECtHR) and Romania discussed reform measures based on various judgements delivered during the nine-year period between 2012 and 2021. At issue before the ECtHR’s Department for Execution of Judgments was insufficient legal protection, lack of medical and social care, deficiencies in the legal framework governing involuntary placement, inadequate management of psychiatric conditions of detainees, and overcrowding and poor conditions in Romanian mental health facilities.
The Peace Corps Is Failing To Keep Volunteers Safe, Marnie Leonard
The Peace Corps Is Failing To Keep Volunteers Safe, Marnie Leonard
Human Rights Brief
Nicole Jacobson, an American Peace Corps Volunteer (PCV) in a Zambian village, was “far from home and feeling alone” when the father of the host family that the Peace Corps (“the agency”) placed her with sexually assaulted her. Jacobson reported the assault to Peace Corps staff, who told her it was a cultural misunderstanding and kept Jacobson at the site for more than a year before allowing her to leave in 2018. Unfortunately, Jacobson’s story is not unique. In fact, she is one of many Returned Peace Corps Volunteers (RPCVs) who have come forward in recent years to share stories …
Brazil’S Violence Against Indigenous Peoples, Andre Taylor
Brazil’S Violence Against Indigenous Peoples, Andre Taylor
Human Rights Brief
Centuries of violence and displacement define the relationship between indigenous peoples and the successive governments of Brazil. As Brazil embarks on a massive expansion of its agribusiness and mining operations, the systemic denial of land rights and illegal economic activity on protected lands has threatened traditional ways of life practiced by indigenous peoples. The most aggressive policy taken by the Brazilian government has involved legitimizing land claims on unregistered ancestral indigenous lands for development, putting 37,800 square miles of territory at risk for exploitation by loggers, ranchers, and farmers.
Chocholáčv. Slovakia: Prisoners, Porn, & Morality In Human Rights, Amanda Lorenzo
Chocholáčv. Slovakia: Prisoners, Porn, & Morality In Human Rights, Amanda Lorenzo
Human Rights Brief
Chocholáč v. Slovakia asks whether Slovakia’s disciplinary actions against a prisoner in possession of concealed pornographic materials violated the European Convention of Human Rights (“the Convention”). Roman Chocholáč, a thirtythree-year-old currently serving a life sentence in Leopoldov prison was found possessing a “popular weekly magazine” with sexually-explicit pictures pasted inside. The State deemed the added material a threat to morality and prison staff confiscated it. On November 21, 2017, Chocholáč v. Slovakia was brought to the European Court of Human Rights (ECtHR), presenting legal questions under Slovakia’s Criminal Code and Execution of Prison Sentences Act, as well as Articles 8 …
Overcoming The Westphalian Notion Of "Absolute Sovereignty": The Venezuelan Case With The Inter-American Convention Of Human Rights, Gabriel Ortiz
Overcoming The Westphalian Notion Of "Absolute Sovereignty": The Venezuelan Case With The Inter-American Convention Of Human Rights, Gabriel Ortiz
Human Rights Brief
In 2012, Former Venezuelan President Hugo Chavez withdrew from the American Convention on Human Rights (ACHR or “the Convention”). He presented a letter issued by the Department of Foreign Affairs before the Secretary General of the Organization of American States (OAS). The denunciation became effective in 2013. Thereafter, no one could petition before the Inter-American Commission or the Inter-American Court (IACHR) to hold Venezuela accountable for human rights violations. Meanwhile, between 2014 and 2019, the government’s armed groups have killed more than 19,000 people.
Pandemics And International Law: The Need For International Action, Claudio Grossman
Pandemics And International Law: The Need For International Action, Claudio Grossman
Human Rights Brief
No abstract provided.
The Tortured Woman: Defying The Gendered Conventions Of The Convention Against Torture, Linda Kelly
The Tortured Woman: Defying The Gendered Conventions Of The Convention Against Torture, Linda Kelly
Human Rights Brief
No abstract provided.
Dutch Supreme Court Ruling Marks Sea Change In Climate Litigation, Adrian Lewis
Dutch Supreme Court Ruling Marks Sea Change In Climate Litigation, Adrian Lewis
Human Rights Brief
No abstract provided.
Trapped At Sea: As Seafarers' Rights Erode During Covid-19 Pandemic, Arbitration Mechanism May Offer A Path For Redress, Shannon Quinn
Trapped At Sea: As Seafarers' Rights Erode During Covid-19 Pandemic, Arbitration Mechanism May Offer A Path For Redress, Shannon Quinn
Human Rights Brief
No abstract provided.
Americas, Human Rights Brief
Subsaharan Africa, Human Rights Brief
Middle East & North Africa, Human Rights Brief
Middle East & North Africa, Human Rights Brief
Human Rights Brief
No abstract provided.
Europe, Human Rights Brief
Letter From The Editors, Chris Keeler, Whitney-Ann Mulhauser
Letter From The Editors, Chris Keeler, Whitney-Ann Mulhauser
Human Rights Brief
No abstract provided.
Americas, Human Rights Brief
Asia & Oceania, Human Rights Brief
Subsaharan Africa, Human Rights Brief
Middle East & North Africa, Human Rights Brief
Middle East & North Africa, Human Rights Brief
Human Rights Brief
No abstract provided.