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Articles 1 - 25 of 25
Full-Text Articles in Human Rights Law
We Are All Farkhunda: An Examination Of The Treatment Of Women Within Afghanistan's Formal Legal System, Ashley Lenderman
We Are All Farkhunda: An Examination Of The Treatment Of Women Within Afghanistan's Formal Legal System, Ashley Lenderman
Indiana Journal of Constitutional Design
In this paper, I will examine three cases of violence against women that went through the Afghan formal legal system: the case of Farkhunda, the Paghman district gang rape case, and the case of Sahar Gul. In the first Part, I will discuss the formal legal system framework on which the cases are based. In the second Part, I will discuss the cases in detail. In the third Part, I will describe neo-liberal, reformist, and neo-fundamentalist approaches to interpretation of Islamic law, and I will then draw out pieces of the decisions from the three cases that closely match these …
Emerging Best Practices For The Management And Treatment Of Lesbian, Gay, Bisexual, Transgender, Questioning, And Intersex Youth In Juvenile Justice Settings, Brenda V. Smith, Hayley Gorenberg, J. Rhodes Perry, Lisa Belmarsh, Shaena Johnson, Steven Jett, Rebecca Walters, Macarena Saez, Dana Shoenberg, Terry Schuster, Josh Delaney, Karen Bachar, Mykel Selph, Mark Seymour, Sharita Gruberg, Chris Daley, Mark Yarhouse
Emerging Best Practices For The Management And Treatment Of Lesbian, Gay, Bisexual, Transgender, Questioning, And Intersex Youth In Juvenile Justice Settings, Brenda V. Smith, Hayley Gorenberg, J. Rhodes Perry, Lisa Belmarsh, Shaena Johnson, Steven Jett, Rebecca Walters, Macarena Saez, Dana Shoenberg, Terry Schuster, Josh Delaney, Karen Bachar, Mykel Selph, Mark Seymour, Sharita Gruberg, Chris Daley, Mark Yarhouse
Reports
In 2016 according to the U.S. Department of Justice, 856,130 youth were arrested and 45,567 juveniles were held in 1,772 residential juvenile facilities across the country. Detained and confined youth share many characteristics: most are from poor communities and lack access to quality health care. Mental illness and sexually transmitted infections are prevalent. Compared to their non-confined counterparts, incarcerated youth also experience higher rates of substance abuse and homelessness, are educationally behind their peers, are disproportionately identified as needing special education services, and are more likely to have had traumatic experiences (including sexual and emotional abuse) and injuries including traumatic …
Trafficking Technology: A Look At Different Approaches To Ending Technology-Facilitated Human Trafficking, David Barney
Trafficking Technology: A Look At Different Approaches To Ending Technology-Facilitated Human Trafficking, David Barney
Pepperdine Law Review
In 2018, many believe that slavery is an antiquated concept. But as with anything else, if it has not become extinct, it has evolved with time. Human trafficking is no different. Each year, millions of men, women and children are trafficked in the United States, and internationally, and forced to work against their will. Through the rise of technology and an increasingly globalized world, traffickers have learned to use technology as a tool to help facilitate the trafficking of persons and to sell those victims to others they never could have reached before. But what are we doing about it? …
The Consideration Of Male Victims Of Sexual Violence As A Subset Of The Particular Social Group “Homosexual” In Adjudicating Asylum Claims, Christiana Desrosiers
The Consideration Of Male Victims Of Sexual Violence As A Subset Of The Particular Social Group “Homosexual” In Adjudicating Asylum Claims, Christiana Desrosiers
Pace International Law Review
This Article analyzes the difficulties African male victims of sexual violence experience when seeking asylum in homophobic host countries and the lack of attention they receive from international and national governments and organizations. It concludes by recommending that male victims of sexual violence be able to seek asylum in host countries due to lack of medical care that they receive in their countries on account of imputed homosexual status.
A Kentucky Town Votes Against A Culture War Rematch, Campbell Robertson
A Kentucky Town Votes Against A Culture War Rematch, Campbell Robertson
Media Collection
No abstract provided.
Caudill To Face Davis This November, The Morehead News
Caudill To Face Davis This November, The Morehead News
Media Collection
No abstract provided.
Man Denied Marriage License By Kim Davis Loses Primary Bid, Will Not Face Her In Fall, Will Wright
Man Denied Marriage License By Kim Davis Loses Primary Bid, Will Not Face Her In Fall, Will Wright
Media Collection
No abstract provided.
Gay Man Denied Marriage License By Kim Davis Loses Bid To Challenge Her For Kentucky County Clerkship, Mahita Gajanan
Gay Man Denied Marriage License By Kim Davis Loses Bid To Challenge Her For Kentucky County Clerkship, Mahita Gajanan
Media Collection
No abstract provided.
Amy Schumer, Susan Sarandon Give Cqsh To Kim Davis' Would-Be Opponent, Andrew Wlfoson
Amy Schumer, Susan Sarandon Give Cqsh To Kim Davis' Would-Be Opponent, Andrew Wlfoson
Media Collection
No abstract provided.
Kim Davis Denied His Marriage License. Will Voters Let Him Try To Oust Her?, Will Wright
Kim Davis Denied His Marriage License. Will Voters Let Him Try To Oust Her?, Will Wright
Media Collection
No abstract provided.
Candidate Forum: County Clerk, Brad Stacy
Race For County Clerk Including Gay Man Denied Marriage License By Kim Davis Gets Lots Of Attention, Weku
Race For County Clerk Including Gay Man Denied Marriage License By Kim Davis Gets Lots Of Attention, Weku
Media Collection
No abstract provided.
Personhood Seeking New Life With Republican Control, Jonathan F. Will, I. Glenn Cohen, Eli Y. Adashi
Personhood Seeking New Life With Republican Control, Jonathan F. Will, I. Glenn Cohen, Eli Y. Adashi
Indiana Law Journal
Just three days prior to the inauguration of Donald J. Trump as President of the United States, Representative Jody B. Hice (R-GA) introduced the Sanctity of Human Life Act (H.R. 586), which, if enacted, would provide that the rights associated with legal personhood begin at fertilization. Then, in October 2017, the Department of Health and Human Services released its draft strategic plan, which identifies a core policy of protecting Americans at every stage of life, beginning at conception. While often touted as a means to outlaw abortion, protecting the “lives” of single-celled zygotes may also have implications for the practice …
Gender Violence And Human Rights In An Era Of Backlash, Julie Goldscheid
Gender Violence And Human Rights In An Era Of Backlash, Julie Goldscheid
William & Mary Journal of Race, Gender, and Social Justice
This Article brings the lens of civil cases seeking accountability for gender violence to the question of how international human rights decisions interpret gender and gender norms. It argues that a broad interpretation of gender is particularly critical as we face increasing backlash globally. It demonstrates how international human rights decisions assessing state responses to gender violence recognize the role of historic gender biases and stereotypes in holding states to account for redressing discriminatory responses to abuse, and considers structural limitations in those instruments that could impede those instruments’ transformative reach.
Reimagining Justice For Gender-Based Crimes At The Margins: New Legal Strategies For Prosecuting Isis Crimes Against Women And Lgbtiq Persons, Lisa Davis
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Holy Gender! Promoting Free Exercise Of Gender By Discernment Without Establishing Binary Sex Or Compulsory Fluidity, José Gabilondo
Holy Gender! Promoting Free Exercise Of Gender By Discernment Without Establishing Binary Sex Or Compulsory Fluidity, José Gabilondo
Seattle Journal for Social Justice
No abstract provided.
Fairness At A Price: Protecting The Integrity Of Athletic Competitions At The Expense Of Female Athletes, Annie Bach Yen Nguyen
Fairness At A Price: Protecting The Integrity Of Athletic Competitions At The Expense Of Female Athletes, Annie Bach Yen Nguyen
Notre Dame Journal of International & Comparative Law
Ever since women were allowed to compete in the Olympics, they have been subjected to some form of gender verification. Initially, the International Olympic Committee (IOC) and International Amateur Athletic Federation (IAAF) required female athletes to present certificates from their doctors confirming that they were in fact women. In 1966, the IOC and the IAAF “decided they couldn’t trust individual nations to certify femininity, and instead implemented a mandatory genital check of every woman competing at international games.” This process was dubbed the “nude parades”. In response to the overwhelming disapproval of such examination, the IOC and IAAF began implementing …
Access To Knowledge And The Global Abortion Policies Database, Joanna Erdman, Brooke Johnson
Access To Knowledge And The Global Abortion Policies Database, Joanna Erdman, Brooke Johnson
Articles, Book Chapters, & Popular Press
Research shows that women, healthcare providers, and even policy makers worldwide have limited or inaccurate knowledge of the abortion law and policies in their country. These knowledge gaps sometimes stem from the vague and broad terms of the law, which breed uncertainty and even conflict when unaccompanied by accessible regulation or guidelines. Inconsistency across national law and policy further impedes safe and evidence‐based practice. This lack of transparency creates a crisis of accountability. Those seeking care cannot know their legal entitlements, service providers cannot practice with legal protection, and governments can escape legal responsibility for the adverse effects of their …
Judicial Audiences: A Case Study Of Justice David Watt's Literary Judgments, Elaine Craig
Judicial Audiences: A Case Study Of Justice David Watt's Literary Judgments, Elaine Craig
Articles, Book Chapters, & Popular Press
Applicants to the federal judiciary identify three main audiences for their decisions: the involved and affected parties, the public, and the legal profession. This case study examines a set of decisions authored by Justice David Watt of the Ontario Court of Appeal, involving the rape, torture, murder or attempted murder of women, in which he attempts humour or uses puns, parody, stark imagery and highly stylized and colloquial language to introduce the violence, or factual circumstances surrounding the violence, in these cases. It assess these introductions in relation to the audiences judges have identified as important for their decisions. The …
Constitutionalizing Abortion Rights In Canada, Joanna Erdman
Constitutionalizing Abortion Rights In Canada, Joanna Erdman
Articles, Book Chapters, & Popular Press
This article endeavours to understand the feminist activism from which constitutional abortion rights in Canada were born in the landmark Supreme Court case of R v Morgentaler 1988, and the influence of these rights on continued feminist activism for reproductive justice. Part I reviews abortion practice in the ‘back-alley’ prior to and immediately after the 1969 criminal reform with attention to the direct service activism of liberation feminists in their campaign to repeal the abortion law as a matter of constitutional justice. Part II turns to adjudication in the courts to study how judicial reasoning channelled these constitutional claims, exploring …
More Than 'Revenge Porn' Civil Remedies For The Nonconsensual Distribution Of Intimate Images, Suzie Dunn, Alessia Petricone-Westwood
More Than 'Revenge Porn' Civil Remedies For The Nonconsensual Distribution Of Intimate Images, Suzie Dunn, Alessia Petricone-Westwood
Articles, Book Chapters, & Popular Press
The non-consensual distribution of intimate images, or “revenge porn” as it is colloquially known, is a growing phenomenon in the digital era that has devastated the lives of countless individuals. Targets of this conduct have suffered both short and long-lasting harms that have had serious repercussions on their mental health, physical well-being, and safety. Once their intimate images have been shared without their consent, they can face damage to their personal and professional reputations. There are reported cases where individuals have lost their jobs, have had to relocate, were stalked and harassed, experienced some form of emotional trauma, and had …
Decriminalization Of Prostitution: The Soros Effect, Jody Raphael
Decriminalization Of Prostitution: The Soros Effect, Jody Raphael
Dignity: A Journal of Analysis of Exploitation and Violence
This article explores the activities of George Soros and his charitable organization, Open Society Foundations (OSF), in advocating for the full decriminalization of the sex trade industry. Research finds that OSF spends only a small amount of money on grass roots “sex worker” groups around the world advocating for full decriminalization, but the foundation awards larger amounts of funds to large human rights groups whose reports and policies have a wider reach. OSF’s rationale for full decriminalization fails to consider violence and coercion in the sex trade industry, misreads research, and does not include research from venues where full decriminalization …
Book Review: The Pimping Of Prostitution: Abolishing The Sex Work Myth By Julie Bindel, Roger Matthews
Book Review: The Pimping Of Prostitution: Abolishing The Sex Work Myth By Julie Bindel, Roger Matthews
Dignity: A Journal of Analysis of Exploitation and Violence
No abstract provided.
Rape And Sexual Violence Used As A Weapon Of War And Genocide, Larissa Peltola
Rape And Sexual Violence Used As A Weapon Of War And Genocide, Larissa Peltola
CMC Senior Theses
Rape and other forms of sexual violence have been used against civilian populations since the advent of armed conflict. However, recent scholarship within the last few decades proves that rape is not a byproduct of war or a result of transgressions by a few “bad apples,” rather, rape and sexual violence are used as strategic, systematic, and calculated tools of war, ethnic cleansing, and genocide. Rape has also been used as a means of preventing future generations of children of “undesirable” groups from being born. Rape and sexual violence are also used with the purpose of intimidating women and their …
Despite Acquittal, Man Assigned Sex Offender Registry Status, Arthur S. Leonard
Despite Acquittal, Man Assigned Sex Offender Registry Status, Arthur S. Leonard
Other Publications
No abstract provided.