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Articles 1 - 15 of 15
Full-Text Articles in Human Rights Law
Marriage Matters In December, Arthur S. Leonard
Marriage Matters In December, Arthur S. Leonard
Other Publications
No abstract provided.
How Texas Governor Hopes To Undo Marriage Equality, Arthur S. Leonard
How Texas Governor Hopes To Undo Marriage Equality, Arthur S. Leonard
Other Publications
No abstract provided.
Justice, Reconciliation, And The Masculinist Way: What Role For Women In Truth And Reconciliation Commissions?, Penelope Andrews
Justice, Reconciliation, And The Masculinist Way: What Role For Women In Truth And Reconciliation Commissions?, Penelope Andrews
Articles & Chapters
During periods of armed conflict, women and girls are frequently subjected to violence because of their gender. National governments have attempted to address this issue through transitional justice mechanisms like truth and reconciliation commissions. The record of women’s input and participation in these processes, however, is rather poor. In this article, I highlight the role of South Africa’s Truth and Reconciliation Commission (SATRC) and the opportunity the SATRC missed in failing to comprehensively confront andexamine the systemic nature of violence against women under apartheid. Many transitional justice mechanisms, the SATRC being one of the more vivid examples, have adopted a …
E Proper Remedy For Possession Of Child Pornography: Shifting From Restitution To A Victims Compensation Program, Michelle Minarcik
E Proper Remedy For Possession Of Child Pornography: Shifting From Restitution To A Victims Compensation Program, Michelle Minarcik
NYLS Law Review
No abstract provided.
Imagine All The Women: Power, Gender And The Transformative Possibilities Of The South African Constitution, Penelope Andrews
Imagine All The Women: Power, Gender And The Transformative Possibilities Of The South African Constitution, Penelope Andrews
Articles & Chapters
This chapter will explore the South African Constitution, and more particularly, the Bill of Rights, as a vehicle for social and economic transformation. By analyzing the provisions relating to gender equality in South Africa's Constitution, as well as decisions of the Constitutional Court, this chapter will examine whether theconstitutional rights framework in South Africa contains within it the transformative possibilities that will lead to gender equality in all spheres of South African society, and particularly in the economic sphere.
Reflections On The Law Review Symposium On Women’S Rights And Pornography: Big Sister, Big Brother, And The Role Of Legal Scholarship In Affirming Human Rights, Nadine Strossen
NYLS Law Review
No abstract provided.
The Impact Of International Human Rights Developments On Sexual Minority Rights, Arthur S. Leonard
The Impact Of International Human Rights Developments On Sexual Minority Rights, Arthur S. Leonard
Articles & Chapters
The Supreme Court's decision in Lawrence v. Texas (2003) marked the first time that tribunal took notice of how foreign and international courts were dealing with the civil rights claims of lesbians and gay men as part of its discussion of American constitutional law. If this evinces a new openness by the Court to looking at such external sources in gay rights cases, what would it find on the major legal issues now facing the LGBT community in the United States? This article summarizes developments abroad on legal recognition of same-sex partners (including for purposes of immigration status) and military …
Homophobia And The 'Mathew Shepard Effect' In Lawrence V. Texas, Kris Franklin
Homophobia And The 'Mathew Shepard Effect' In Lawrence V. Texas, Kris Franklin
Articles & Chapters
This paper explores the significance of shifting cultural understandings of gay men and lesbians in the Supreme Court's majority, concurring and dissenting opinions in the landmark sodomy case Lawrence v. Texas. By examining the legal authorities in which the case's various opinions are grounded, the article shows that the differing positions taken by the Court reflect radically diverging views on the significance of homosexuality in contemporary culture.
Beyond the rather easy observation that the Supreme Court justices are speaking different languages in the Lawrence opinion, the article contends that the rhetoric of the majority and dissent converge on at least …
Women's Human Rights And The Conversation Across Cultures, Penelope Andrews
Women's Human Rights And The Conversation Across Cultures, Penelope Andrews
Articles & Chapters
This comment examines the vision of women's rights and equality as outlined in CEDAW. It raises some of thepossibilities and limitations associated with universalizing legal norms in a context of enormous global disparities, particularly in material and cultural terms.
United Kingdom Transgender Win, Arthur S. Leonard
United Kingdom Transgender Win, Arthur S. Leonard
Other Publications
No abstract provided.
From Gender Apartheid To Non-Sexism: The Pursuit Of Women's Rights In South Africa, Penelope Andrews
From Gender Apartheid To Non-Sexism: The Pursuit Of Women's Rights In South Africa, Penelope Andrews
Articles & Chapters
This article discusses the quest for women's rights in South Africa and how the transition from apartheid to democracy led to a commitment to gender equality as incorporated in South Africa's transitional and final Constitutions. This paper refers to the organizational attempts by women prior to and during the constitutional drafting process to ensure that the new Constitution embodied the aspirations and reflected the struggles for women's rights by women activists in South Africa. This article is divided into six sections. Section Two describes the legacy of apartheid for all women in South Africa. This section shows how the laws …
Violence Against Women In South Africa: The Role Of Culture And The Limitations Of The Law, Penelope Andrews
Violence Against Women In South Africa: The Role Of Culture And The Limitations Of The Law, Penelope Andrews
Articles & Chapters
This paper describes the role of culture in perpetuating violence against women. It does this by contextualizing violence against women in South Africa within the grand project of transformation taking place there, and highlighting the possibilities of fundamental restructuring, with respect to rights and equality for women, when the feminist project intersects with the non-racial project. The paper, therefore, visits a familiar question, namely, the obstacles to transformation when the eradication of racism takes precedence over the elimination of sexism, as it historically has in South Africa. In addition, this paper describes recent attempts by the legislature and courts in …
Violence Against Aboriginal Women In Australia: Possibilities For Redress Within The International Human Rights Framework, Penelope Andrews
Violence Against Aboriginal Women In Australia: Possibilities For Redress Within The International Human Rights Framework, Penelope Andrews
Articles & Chapters
This Article addresses the issue of violence against Aboriginal women. Part I concerns the historical violenceagainst Aboriginal people generally, and Part II concerns violence against Aboriginal women in particular. Part III considers how the priorities and perspectives of Aboriginal women and non-Aboriginal women differ insignificant ways despite their congruence in others. In particular, the Article evaluates the awkward relationship between Aboriginal women and the largely white feminist movement in Australia as a consequence of these different priorities and perspectives, and suggests how political victories for white or non-Aboriginal women could be translated into gains for Aboriginal women. The fourth part …
The New York Law School Reporter, Vol 7, No. 9, March 1990, New York Law School
The New York Law School Reporter, Vol 7, No. 9, March 1990, New York Law School
Student Newspapers
No abstract provided.
Explaining The Legal System's Inadequate Response To The Abuse Of Women: A Lack Of Coordination, Matthew Litsky
Explaining The Legal System's Inadequate Response To The Abuse Of Women: A Lack Of Coordination, Matthew Litsky
NYLS Journal of Human Rights
No abstract provided.