Human Rights Law Commons^™

The International Dimension Of The Right To Development: Where Is The Gapping Crack Of Accountability For Non-State Actors, Maxwel Miyawa

The Transnational Human Rights Review

Mainstream legal scholarship has paid much attention to clarifying the meaning of the right to development by placing a great deal of scrutiny primarily on obligations of states to the neglect of non-state actors, as if states are the only integral players in the global economy necessary for realizing the right to development. This entrepreneurship steered clear of assessing viability of the right’s founding vision of redressing institutional imbalances and unfairness of the global economic order. If the discourse took a global order reform trajectory, it would have injected thoughts on how accountability of international economic institutions and transnational corporations …

Arbitrary Withholding Of Consent To Humanitarian Relief Operations In Armed Conflict, Dapo Akande, Emanuela-Chiara Gillard

International Law Studies

This article examines the requirement under international humanitarian law (IHL) that consent to humanitarian relief operations must not be arbitrarily withheld. It begins with a brief outline of the rules of IHL regulating humanitarian assistance in armed conflict. The article then considers the origin of the rule prohibiting arbitrary withholding of consent to humanitarian relief operations before proceeding to set out the circumstances when consent will be considered to have been withheld arbitrarily under international law. It proposes three tests for arbitrariness in this context, and also examines how international human rights regulates humanitarian assistance in armed conflict.

Sex Workers And Human Rights: A Critical Analysis Of Laws Regarding Sex Work, Rachel Marshall

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

The Impact Of Rural Poverty On Women’S Health Outcomes In Ethiopia: A Review Of A Walk To Beautiful, Christine A. Wernet Ph.D

Societies Without Borders

No abstract provided.

Human Rights And The Media, Brian K. Gran Ph.D

Societies Without Borders

No abstract provided.

Democracy, Education, And Free Speech: The Importance Of #Feesmustfall For Transnational Activism, Lindsey Peterson Ph.D, Kentse Radebe, Somya Mohanty Ph.D

Societies Without Borders

South African students across numerous university campuses joined together in the second half of 2015 to protest the rising cost of higher education. In addition to on-campus protesting, activists utilized Twitter to mobilize and communicate with each other, and, as the protests drew national attention, the hashtag #FeesMustFall began trending on Twitter. Then, what began as a localized movement against tuition increases became a global issue when a court interdict was granted by a South African court against the use of the #FeesMustFall hashtag. This paper traces that global spread of the #FeesMustFall hashtag on Twitter as a response to …

‘These People Have No Clue About Us, The Land, Or How We Live!’: Second Generation Human Rights Along The Texas–Mexico Border, Jennifer G. Correa Ph.D, Tola Olu Pearce Ph.D

Societies Without Borders

In this study, we wish to turn attention to how the international human rights framework, developed under the auspices of the United Nations in 1948, is being used by different communities, in particular, the Texas-Mexico border. We emphasize that while the articles contained in the Universal Declaration of Human Rights have, at times, served as a protective platform upon which activists have been able to build, these articles cannot responsibly be imposed without attending to and incorporating the voices of those on the ground. Using both qualitative and ethnographic methods, our objective is to amplify specific voices by analyzing how …

The Male Anti-Circumcision Movement: Ideology, Privilege, And Equity In Social Media, Amanda Kennedy Ph.D, Lauren M. Sardi Ph.D

Societies Without Borders

Social media has become a primary way in which various social movements may attempt to gain traction within larger frames of cultural discourse (Obar, Zube, and Lampe 2012). However, not all movements that profess human rights and equality goals are truly egalitarian in their orientation. Many men’s movements are ostensibly about gender equality but fall short of their claims because they fail to come to terms with issues of privilege (Messner 1997, 1998). While the male anti-circumcision movement (sometimes referred to as the Intactivist movement) is less radically anti-feminist and has utilized social media to develop and maintain connections with …

The Technology Bias: What Google Teaches Us About Child Rights, Yvonne Vissing Ph.D, Sarah Burris M.A., Quixada Moore-Vissing Ph.D

Societies Without Borders

Technology both helps and hinders what we know about human rights. Use of Google is of central importance to both the Sociology of Knowledge and the creation of internet literacy. In this study, different search engines are compared regarding content of “child rights” in the fifty United States. Findings include: importance of algorithmic loading of sites; number of hits may not reflect the importance or accuracy of a topic; different search engines produce different findings; and personalized searches result in different results. Personalization of searches in accordance to one’s previous search history may result in people being given information that …

Soldier 2.0: Military Human Enhancement And International Law, Heather A. Harrison Dinniss, Jann K. Kleffner

International Law Studies

Advances in technologies that could endow humans with physical or mental abilities that go beyond the statistically normal level of functioning are occurring at an incredible pace. The use of these human enhancement technologies by the military, for instance in the spheres of biotechnology, cybernetics and prosthetics, raise a number of questions under the international legal frameworks governing military technology, namely the law of armed conflict and human rights law. The article examines these frameworks with a focus on weapons law, the law pertaining to the detention of and by “enhanced individuals,” the human rights of those individuals and their …

The Influence Of Exile, Sara K. Rankin

Maryland Law Review

Belonging is a fundamental human need, but human instincts are Janus-faced and equally strong is the drive to exclude. This exclusive impulse, which this Article calls “the influence of exile,” reaches beyond interpersonal dynamics when empowered groups use laws and policies to restrict marginalized groups’ access to public space. Jim Crow, Anti-Okie, and Sundown Town laws are among many notorious examples. But the influence of exile perseveres today: it has found a new incarnation in the stigmatization and spatial regulation of visible poverty, as laws that criminalize and eject visibly poor people from public space proliferate across the nation. These …

Amnesty International's Empty Promises: Decriminalization, Prostituted Women, And Sex Trafficking, Darren Geist

Dignity: A Journal of Analysis of Exploitation and Violence

Through a close examination of Amnesty International’s (Amnesty) own arguments and sources, this paper demonstrates that Amnesty’s proposal to decriminalize prostitution or “sex work” will harm those it claims to help. It concludes that the best available evidence indicates that decriminalization of prostitution would: increase sex trafficking, leave prostituted women or “sex workers” more vulnerable to violence, and reduce access to healthcare, protection, and services. Prostituted women primarily enter the industry at a young age, often suffering from a history of sexual and physical abuse, coming from marginalized and vulnerable communities, and driven by emotional and economic desperation. It is …

Human Rights, Religious Freedom, And Peace, David Little

BYU Law Review

No abstract provided.

Rethinking Body Property, Kara W. Swanson

Florida State University Law Review

Body products, including blood, gametes, and kidneys, are a routine part of contemporary medicine. They are also controversial. There is a strong preference for donated gifts, based on an intuition that gifts are pure, altruistic, and healthy, and that purchased products (commodities) are tainted, exploitative, and dangerous. Law and policy reflect this dichotomy, preventing market exchanges either by declaring body products non-property or banning sales by the supplying body. Yet with growing scarcity leading to injustice in the allocation and harvesting of body products, calls to allow sales have been increasing, motivating proposals to increase supplies by compensating bone marrow …

Negotiating The Terms Of Corporate Human Rights Liability Under Federal Law, R. George Wright

San Diego Law Review

This Article first addresses, by way of example, questions of mens rea, or required mental states, through the basic purposes and relevant assumptions underlying general tort and criminal law. Whichever approach the law adopts, with or without negotiation, toward corporate aiding and abetting liability in human-rights-oriented torts cases should at least be generally compatible with these basic purposes and assumptions. Next, this Article addresses several possible approaches to the mens rea issues before adopting a model of negotiation or bargaining bounded by general moral constraints.

Secondly, this Article discusses a number of issues associated with the Alien Tort Statute ATS …

The Modern Treaty-Executing Power: Constitutional Complexities In Contemporary Global Governance, Carlo Felizardo

Northwestern University Law Review

Treaties have evolved significantly since the ratification of the United States Constitution, leading to uncertainty as to the constitutional limits on their domestic execution. This Note adapts existing constitutional doctrine on treaty execution to two distinct complications arising in the contemporary treaty regime. First, voluntary treaties imposing aspirational obligations on signatories raise the issue of the extent of obligations that Congress may domestically enforce by federal statute. Second, originating treaties which create international organizations and authorize them to adopt rule- and adjudication-type post-treaty pronouncements bring up a question of when, if ever, to incorporate those pronouncements into U.S. law, and …

Without Unnecessary Delay: Using Army Regulation 190–8 To Curtail Extended Detention At Sea, Meghan Claire Hammond

Northwestern University Law Review

This Note analyzes instances of U.S. detention of suspected terrorists while at sea as an alternative to Guantánamo, and how this at-sea detention fits in the interplay of U.S. statutory law, procedural law, and applicable international law. Of particular interest is the dual use of military and civilian legal regimes to create a procedural-protection-free zone on board U.S. warships during a detainee’s transfer from their place of capture to the U.S. court system. The Note concludes that U.S. Army Regulation 190–8 contains language of which the purpose and intent may be analogized to the Federal Rules of Criminal Procedure requirements …

Ebola, Experimental Medicine, Economics, And Ethics: An Evaluation Of International Disease Outbreak Law, Sara L. Dominey

Georgia Journal of International & Comparative Law

No abstract provided.

Human Rights Law And Racial Hate Speech Regulation In Australia: Reform And Replace?, Dr. Alan Berman

Georgia Journal of International & Comparative Law

No abstract provided.

New Judicial Review In Old Europe, Alyssa S. King

Georgia Journal of International & Comparative Law

No abstract provided.

Should Children Work? Dilemmas Of Children’S Educational Rights In The Global South, Conrad John Masabo

Southern African Journal of Policy and Development

The realisation of Children’s Rights and the right to education, in particular, have for quite long left the children of the Global South at a crossroads. The ideal of a childhood free from work has in itself become a barrier to access this social good. As such, due to their country’s minimal or non-existent educational funding and family abject poverty, some children in the Global South have realised that adopting a pragmatic strategy of combining school and work is the only feasible solution. This study, therefore, examines the interface between children’s work and schooling in the Global South.