Human Rights Law Commons^™

When Law Is Complicit In Gender Bias: Ending De Jure Discrimination Against Women As An Important Target Of Sustainable Development Goal 5, Rangita De Silva De Alwis

All Faculty Scholarship

Ending all forms of discrimination against women and girls is not only a basic human right, but also crucial to accelerating sustainable development. The very first target of Goal 5. 1.1 calls to end all forms of discrimination against all women and girls everywhere and the indicator for the goal is: “Whether or not legal frameworks are in place to promote, enforce and monitor equality and non-discrimination on the basis of sex”. In many countries around the world the legal frameworks themselves allow for both direct (de jure) and indirect (de facto) discrimination against women. This essay identifies some areas …

The Role Of Support In Sexual Decision-Making For People With Intellectual And Developmental Disabilities, Jasmine E. Harris

All Faculty Scholarship

In response to Alexander Boni-Saenz, Sexuality and Incapacity, 76 Ohio St. L.J. 1201 (2015).

This Response analyzes three aspects of Boni-Saenz’s cognition-plus test. First, I position his normative and prescriptive proposals within an existing, robust conversation regarding legal capacity, SDM, and the United Nations Convention on the Rights of Persons with Disabilities (CRPD). Scholars of international human rights law offer valuable insights on challenges of redefining legal capacity and implementing SDM. Advocates continue to debate and contest SDM as a practical, administrable, and measurable alternative. Second, I identify potential normative implications of incorporating SDM into domestic law, specifically for …