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International Law Commons

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Constitutional Law

Maurer School of Law: Indiana University

2011

Human rights

Articles 1 - 2 of 2

Full-Text Articles in International Law

From Sovereignty To Responsibility: An Emerging International Norm And Its Call To Action In Burma, Alison Mccormick Jan 2011

From Sovereignty To Responsibility: An Emerging International Norm And Its Call To Action In Burma, Alison Mccormick

Indiana Journal of Global Legal Studies

"[O]ur struggle for democracy is a struggle for our everyday life." This, in the words of long-detained pro-democracy leader Aung San Suu Kyi, describes the isolated pariah state of Burma. Under brutal military rule since 1962, Burma is still desperately trying to change its deplorable circumstances through the leadership of Suu Kyi, but continues to fail due to the regime-written "new" constitution that guarantees the regime's continued leading role in the state apparatus.2 Illegitimate elections and continued repression of the democratic opposition allow for the regime's violations of basic human rights to continue. Rights violations that include displacement, forced labor, …


Democracy, Gender Equality, And Customary Law: Constitutionalizing Internal Cultural Disruption, Susan H. Williams Jan 2011

Democracy, Gender Equality, And Customary Law: Constitutionalizing Internal Cultural Disruption, Susan H. Williams

Indiana Journal of Global Legal Studies

Customary law often includes gender discriminatory rules that violate women's rights under constitutional equality guarantees. Dialogic democracy theory offers valuable tools that can help a legal system both to protect customary law and to protect the equality of its women citizens. By focusing on the need for challenge and on the dialogue within the cultural community, the legal system can create incentives and conditions to support the capacity of women to shape the customary law of their own communities. This approach is necessary because legal rights for women, when imposed by the larger society, often result in backlash within minority …