Human Rights Law Commons^™

The Right To Be Proselytized Under International Law, Ryan Cheney

BYU Law Review

Legal analyses of proselytism have tended to focus on the rights of the proselytizer and on the right of the target of proselytism, or “proselytizee,” to be free from such “interference.” However, such analyses do not fully account for all rights involved in proselytism. When people are prevented from being proselytized, such as by law or by persecution, an important consequence is that they are cut off from a significant source of information on and mechanism for exploring and joining other religions. Despite stigmatizations of proselytism, many people regularly accept it and learn about and join other faiths through it. …

The Term “Public Interest” Within The Regional Human Rights Systems: Serves The Interest Of The Individual Or The State?, Yaser Amouri Dr., Saja Majdoubeh Ms.

UAEU Law Journal

While regional human rights charters are established to consider the specificities of their respective regions and are expected to provide either undiminished or restricted protection, aiming to create a more equitable protection system than the international one, the regional charters have often followed the same path as the international agreements. In these charters, certain provisions have been included under the pretext of "public interest" to restrict certain group rights. Undoubtedly, this term has directly influenced court decisions within regional human rights protection systems, leading to various limitations on human rights and granting courts the power to subject these rights to …

Megaproyectos Y Su Impacto En Derechos Humanos En Una Comunidad De Origen Maya: Yaxhá, Yucatán, México., Gonzalo Manuel Herrera Canché

Journal of Maya Heritage

Abstract: The current development of extractive megaprojects in Latin American countries has had a significant impact on their societies and environments. This research addresses the issue of the impacts of extractive agricultural megaprojects on the environment, society and the economy, specifically the case of a pig farm in the community of Yaxhá, located in the municipality of Muna, Yucatán. The identified impacts are mainly attributed to the lack of strong and committed political institutions, lax environmental legislation, and the absence of an operating system, which facilitates human rights violations related to the environment, society, and access to information. In this …

Brandeis Center Presents: Navigating The Israeli-Palestinian Conflict With Justin Ellis, The Louis Brandeis Center For Human Rights Under Law

Flyers 2023-2024

No abstract provided.

Time To Enumerate The Slave Trade As A Distinct Provision In The Crimes Against Humanity Treaty, Patricia Viseur Sellers, Jocelyn Getgen Kestenbaum, Alexandra Lily Kather

Faculty Online Publications

The proposed Draft articles on Prevention and Punishment of Crimes against Humanity under consideration at the United Nations General Assembly’s Sixth Committee (Legal) are bereft of a distinct provision to address the international crime of the slave trade.

From The Frontlines: A Student Panel On The Israel-Hamas Conflict, The Louis Brandeis Center For Human Rights Under Law

Flyers 2023-2024

No abstract provided.

Climate Change, Corruption, And Colonialism: Solving The Conundrum With Regional Courts, Taylor Nchako

Northwestern University Law Review

It is no secret that climate change is the most pressing issue of our times. Global South countries, especially those in Africa, face challenges mitigating the worst impacts of climate change, adapting technological solutions, and continuing to develop their nation’s infrastructure and industry. Cameroon provides an archetypal example of the challenges many African countries face. Plagued by an economy that both exacerbates climate change and stands to collapse from it, Cameroon struggles with corruption that has roots in colonialism and neocolonialism. This corruption taints not only the forestry service and the executive branch, but the judiciary as well, leaving Cameroon’s …

Legal Protection Of Linguistic Minority Under Discrimination: The Case Of Anglophone Cameroon, Kome Donard

International Journal of Business and Technology

No abstract provided.

Dean Melanie Leslie’S Office Hours, Benjamin N. Cardozo School Of Law

Event Invitations 2023

Join Dean Leslie and meet two Cardozo professors on the frontline of global human rights initiatives, Professor Jocelyn Getgen Kestenbaum

Walking The Walk: Ex-Prisoners, Lived Experience, And The Delivery Of Restorative Justice, Allely Albert

Articles

Although the role of prisoners and ex-prisoners has recently received significant attention in restorative justice research, the literature typically treats them as the ‘offending’ party within restorative justice processes. This article instead focuses on ex-prisoners as facilitators of restorative justice, highlighting their ability to lead such programmes. Using a case study from Northern Ireland, the article examines the way that experiences of incarceration have directly influenced practitioners’ skills and their ability to uphold restorative justice principles. It is contended that qualities developed and honed in the prison environment ultimately translate to unique characteristics that can improve the restorative process. As …

Empowering Nigerian Youths For Social Change: The Convergence Of Civic Education, Media, Art, And Activism, Zainab Onuh-Yahaya

Biennial Conference: The Social Practice of Human Rights

This paper examines the intersection of civic education, art, and the media as powerful tools for activism, social change, resistance, and transformation, particularly in the context of Nigerian youths. Over the past few years, young Nigerians have emerged as a formidable force in advocating for social justice and good governance in what they have describes as fighting for their lives. Drawing on interdisciplinary perspectives, this study explores how the integration of civic education, media, art, and activism empowers Nigerian youths to address social injustices and inequalities, challenge the generations that have come before, and drive meaningful transformations.

The paper then …

Effective Shareholder Engagement To Address The Food Sector’S Sdg-Related Impacts In Mexico, Nora Mardirossian

Columbia Center on Sustainable Investment

While investor engagement on environmental and social issues have grown in recent years, they remain limited in Mexico and other emerging markets.

Investors have an opportunity to do more to help address critical SDG-related issues in these contexts through their active ownership efforts. By doing so, they can be more responsible in ensuring respect for human rights, protecting shared systems, and supporting their long-term financial interests. Importantly, they can also ensure they comply with – and support their portfolio companies in complying with – emerging legal frameworks requiring reporting and due diligence on the impacts of their global value chains. …

Religious Liberty, Discriminatory Intent, And The Conservative Constitution, Luke Boso

Utah Law Review

The Supreme Court shocked the world at the end of its 2021–22 term by issuing landmark decisions ending constitutional protection for abortion rights, expanding gun rights, and weakening what remained of the wall between church and state. One thread uniting these cases that captured the public’s attention is the rhetoric common of originalism—a backwards-looking theory of constitutional interpretation focused on founding-era meaning and intent. This Article identifies the discriminatory intent doctrine as another powerful tool the Court is using to protect the social norms and hierarchies of a bygone era, and to build a conservative Constitution.

Discriminatory intent rose to …

Legal Human Rights And Tanzania Human Rights Defenders Coalition V Tanzania, Application No. 039/2020 (13 June 2023), Kafula M. Kasonde

SAIPAR Case Review

This judgement is a milestone in the Tanzanian jurisprudence as it subjects the Tanzanian legal system to scrutiny by an international court with regards to a provision in a domestic statute providing for non-bailable offenses. The legal system of Tanzania overlooked an opportunity in this case to examine the compatibility of national legislations with international human rights standards. This judgement highlights the critical role of human rights non-governmental organisations (NGOs) and their efforts to challenge domestic laws that may infringe upon fundamental rights through emphasizing the need for alignment and adherence to international human rights standards.

Review Of The Book Denial Of Genocides In The Twenty-First Century, John A. Drobnicki

Publications and Research

Review of the book Denial of Genocides in the Twenty-First Century, edited by Bedross Der Matossian.

Making The World Safer And Fairer In Pandemics, Lawrence O. Gostin, Kevin A. Klock, Alexandra Finch

Georgetown Law Faculty Publications and Other Works

Global health has long been characterized by injustice, with certain populations marginalized and made vulnerable by social, economic, and health disparities within and among countries. The pandemic only amplified inequalities. In response to it, the World Health Organization and the United Nations have embarked on transformative normative and financial reforms that could reimagine pandemic prevention, preparedness, and response (PPPR). These reforms include a new strategy to sustainably finance the WHO, a UN political declaration on PPPR, a fundamental revision to the International Health Regulations, and negotiation of a new, legally binding pandemic agreement (popularly called the “Pandemic Treaty”). We revisit …

A Vicious Cycle: United States’ Failure To Protect Immigrant Women’S Reproductive Rights At The Irwin County Detention Center, Lizet Palomera Torres

Golden Gate University Law Review

The United States Immigration and Customs Enforcement agency (ICE) detained Jane Doe #15, an immigrant woman, at the Irwin County Detention Center (ICDC) in Georgia. During Jane’s time at ICDC, Doctor Mahendra Amin hastily examined her because she was experiencing severe pain in her pelvic area. Abandoning established professional and legal protocols for diagnosis and treatment, the medical staff scheduled Jane for surgery. Jane did not know what to expect from the surgery or what the medical personnel would do. After the surgery, the staff at ICDC neglected Jane’s care. She could not get out of bed on her own; …

From Bait To Plate—How Forced Labor In China Taints America’S Seafood Supply Chain: Hearing Before The Cong.-Exec. Comm’N On China, 118th Cong., Oct. 24, 2023 (Statement Of Robert K. Stumberg), Robert Stumberg

Testimony Before Congress

Two-hundred and forty—that’s the number of name-brand stores and institutional suppliers that we all depend on. Through them, we all buy seafood from importers who sell what forced laborers process in Chinese factories and vessels. We do it as families, as schools, as businesses. What is not in that number are the ways we buy forced-labor seafood as governments, mostly through five federal agencies and local school food authorities.

The Outlaw Ocean team, led by Ian Urbina, made transparency happen. They aren’t the first to reveal Xinjiang supply chains. But what distinguishes their seafood reporting is that they literally …

What Do We Do With You: How The United States Uses Racial-Gendered Immigrant Labor To Inform Its Immigrant Inclusion-Exclusion Cycle, Tori Delaney

University of Cincinnati Law Review

No abstract provided.

Book Talk: Lawyer, Jailer, Ally, Foe, Jacob Burns Center For Ethics In The Practice Of Law, Cardozo Law Institute In Holocaust And Human Rights (Clihhr)

Event Invitations 2023

Join Professor Jessica Roth and Professor Jocelyn Getgen Kestenbaum for a conversation with Eric L. Muller, author of the newly released book Lawyer, Jailer, Ally, Foe: Complicity and Conscience in America's World War II Concentration Camps.

An Imperial History Of Race-Religion In International Law, Rabiat Akande

Articles & Book Chapters

More than half a century after the UN’s adoption of the International Convention on the Prohibition of All Forms of Racial Discrimination, a debate has emerged over whether to extend the Convention’s protections to religious discrimination. This Article uses history to intervene in the debate. It argues that racial and religious othering were mutually co-constitutive in the colonial encounter and foundational to the making of modern international law. Moreover, the contemporary proposal to address the interplay of racial and religious othering is hardly new; iterations of that demand surfaced in the earlier twentieth century, as well. By illuminating the centrality …

Book Talk: Lawyer, Jailer, Ally, Foe, Jacob Burns Center For Ethics In The Practice Of Law, Cardozo Law Institute In Holocaust And Human Rights (Clihhr)

Flyers 2023-2024

No abstract provided.

Press Freedom Under Threat In Europe: Slapps And Democracy, Maya Oleary-Cyr

Claremont-UC Undergraduate Research Conference on the European Union

This paper critically examines the legal systems of European countries and their relationship to press freedom, particularly the vexatious legal threats used by government officials and corporations to silence journalists. These legal threats are known as SLAPPs (strategic lawsuits against public participation) and their use has increased exponentially in the last decade. Although the issue is global, this research analyzes the issue through the lens of Greece, Italy, and Hungary. As member states, each one of these countries has an obligation to uphold the democratic standards put forth by the EU. Journalists are a vital aspect of the democratic process …

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

The Violation Of Transgender Prisoners: The Violent Impact Of Gender Discrimination Experienced By Incarcerated Trans People In The United States Of America, Brooklyn Jennings Mx.

Access*: Interdisciplinary Journal of Student Research and Scholarship

U.S prison reform policies such as the Prison Rape Elimination Act pacify the government and the public into believing that prisons are a less harmful place for vulnerable inmates. However, thousands of transgender inmates in the United States experience extraordinary rates of violence and discrimination for their gender identity. There are difficulties in determining exact statistics of gender-based incidents of assault due to dueling structures of legal power and questionable support from prison authorities. However, from available information, trans inmates report dehumanizing prison environments that severely impact their wellbeing. This literature draws upon the current status of incarcerated trans inmates’ …

Breast Ironing: Analyzing The Rights Of The Girl-Child In The Context Of Cameroon’S Obligation Under International Human Rights Law, Olusola Babatunde Adegbite, Olaitan Oluwaseyi Olusegun

Buffalo Human Rights Law Review

Among the various forms of sexual violence perpetrated against the girl-child, breast ironing remains largely obscured due to its underreporting. Yet thousands of girls, especially in Sub-Saharan Africa where it is most prevalent, continue to suffer in silence. These girls are not just exposed to the immediate violence of this act, but they also carry the scar of this human rights violation for life. With the scholarly focus on the practice rather scant, the necessary legal response has also been checkmated. The goal of this article is to bring international focus to this problem by examining the practice in the …

Life Without Parole: An Eighth Amendment Analysis, Alexis Dicarlo

Buffalo Human Rights Law Review

This Article will analyze the constitutionality of life without parole under the U.S. Supreme Court’s test for categorical bans on sentencing practices. This article first addresses the cruelty of prison and how that affects individuals with life sentences specifically. Next, it will analyze life without parole under the Supreme Court’s Eighth Amendment analysis, starting with examining evolving standards of decency. In doing so, this article will address how the U.S. operates with respect to sentencing compared to the rest of the world. Importantly, it will engage in a culpability analysis, following the Supreme Court’s logic, that ultimately favors abolition of …

Addressing Root Causes: The Need For Ex-Ante Regulation In Business And Human Rights, Vidhya Karnamadakala

Buffalo Human Rights Law Review

With the rise of mandatory human rights due diligence (HRDD) laws across various jurisdictions, governments are turning to regulatory tools to tackle the transnational challenges of business and human rights. Yet, the dominant focus on an ex-post standard such as mandatory HRDD may not adequately address the root causes of rights abuses in commercial activities. The individualized ex-post enforcement model which underpins HRDD has limited potential to address the systemic infrastructure of exploitative business practices. The upstream purchasing and contracting practices which lead to human rights violations in supply chains are overlooked, and even reinforced, in such a model. Without …

Hate Speech, Historical Oppressions, And European Human Rights, Eva Nave

Buffalo Human Rights Law Review

Today, around 5 billion people communicate through the Internet. While the benefits of online communication are undeniable, we also witness the proliferation of online hate speech, often associated with an increase in offline violence. Internet intermediaries and public bodies have developed frameworks to counter online hate speech. However, current frameworks lack a standardized approach to the conceptualization of hate speech. Some conceptualizations are overbroad, and others are underinclusive; overbroad because they lead to the removal of legal content (e.g. removal tools deleting legal content posted by marginalized communities), and underinclusive as the context of posts by linguistic minorities is often …

The Forgotten: Nyc And School Segregation, Deja Graham

Buffalo Human Rights Law Review

School segregation is an issue of the past and present. Generations of Black and Brown Americans have attended schools that were inadequate and unequal to their white counterparts. This inequity in access to quality education has caused issues with diversity in professional fields, like the medical and legal fields. The lack of diversity in these fields are the results of decades of school segregation due to the government’s failure to eradicate the dual system of education. Since the landmark case of Brown v. Board of Education, little progress has been made in providing Black and Brown children in metropolitan cities …