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Articles 1 - 4 of 4
Full-Text Articles in International Law
Implications Of The United States Ratification Of The United Nations Convention On The Rights Of The Child: Civil Rights, The Constitution And The Family, Barbara J. Nauck
Implications Of The United States Ratification Of The United Nations Convention On The Rights Of The Child: Civil Rights, The Constitution And The Family, Barbara J. Nauck
Cleveland State Law Review
This note begins with an examination of why the UNCRC has yet to be ratified in this country. The perspective of children's rights advocates is discussed. A comparison of Romano-Germanic and common law is presented to facilitate an understanding of the major differences that affect the way the UNCRC is viewed under the two systems. The effect of a treaty, self-executing or not, in United States' courts is examined. Civil Rights Articles 13, 14,15 and 16 in the Convention are linguistically analyzed and the United States law applicable to each Article is reviewed for its compatibility with the UNCRC. This …
Implications Of The United States Ratification Of The United Nations Convention On The Rights Of The Child: Civil Rights, The Constitution And The Family, Barbara J. Nauck
Implications Of The United States Ratification Of The United Nations Convention On The Rights Of The Child: Civil Rights, The Constitution And The Family, Barbara J. Nauck
Cleveland State Law Review
This note begins with an examination of why the UNCRC has yet to be ratified in this country. The perspective of children's rights advocates is discussed. A comparison of Romano-Germanic and common law is presented to facilitate an understanding of the major differences that affect the way the UNCRC is viewed under the two systems. The effect of a treaty, self-executing or not, in United States' courts is examined. Civil Rights Articles 13, 14,15 and 16 in the Convention are linguistically analyzed and the United States law applicable to each Article is reviewed for its compatibility with the UNCRC. This …
The Right To Equal Education: Merely A Guiding Principle Or Customary International Legal Right?, Connie De La Vega
The Right To Equal Education: Merely A Guiding Principle Or Customary International Legal Right?, Connie De La Vega
Connie de la Vega
In San Antonio Independent School District v. Rodriguez, 411 U.S. 1 (1973), the United States Supreme Court held that wealth discrimination was not illegal discrimination and that the right to be educated was not a fundamental constitutional right. This article contends that international human rights law provides broad authority for a right to equal opportunity to education and is a useful tool for those seeking to develop theories that that right exists under either the state or federal constitutions. This article provides a brief introduction to those cases in which courts have been asked to look at international human rights …
Protecting Economic, Social And Cultural Rights, Connie De La Vega
Protecting Economic, Social And Cultural Rights, Connie De La Vega
Connie de la Vega
This article reviews the international human rights standards relevant to protecting and promoting economic, social, and cultural rights in the United States, focusing particularly on those norms that would assist advocates of welfare and education rights. It discusses three ways in which these norms can be used in litigation before federal and state courts in the United States and argues that, in order to make more effective use of these standards, parties should raise the standards themselves, and not rely solely on amici curiae briefs or on courts' raising the standards sua sponte. This article also asserts that civil rights …