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Human rights

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Articles 1 - 16 of 16

Full-Text Articles in Law and Race

(Indigenous) Language As A Human Right, Kristen Carpenter, Alexey Tsykarev Jan 2020

(Indigenous) Language As A Human Right, Kristen Carpenter, Alexey Tsykarev

Articles

The United Nations General Assembly has proclaimed 2022-2032 as the International Decade of Indigenous Languages. Building on lessons of the International Year of Indigenous Languages of 2019, the Decade will "draw attention to the critical loss of indigenous languages and the urgent need to preserve, revitalize and promote indigenous languages." These actions are necessary, in part, because existing laws and policies have proven inadequate to redress the legacy of state suppression of indigenous languages or ensure nondiscrimination in contemporary usage. In light of the International Year and Decade, this Article explores the rights of indigenous peoples to "use, revitalize, and ...


Reproducing Dignity: Race, Disability, And Reproductive Controls, Mary Crossley Jan 2020

Reproducing Dignity: Race, Disability, And Reproductive Controls, Mary Crossley

Articles

Human rights treaties and American constitutional law recognize decisions about reproduction as central to human dignity. Historically and today, Black women and women with disabilities have endured numerous impairments of their freedom to form and maintain families. Other scholars have examined these barriers to motherhood. Unexplored, however, are parallels among the experiences of women in these two groups or the women for whom Blackness and disability are overlapping identities. This Article fills that void. The disturbing legacy of the Eugenics movement is manifest in many settings. Black and disabled women undergo sterilizations at disproportionately high rates. Public benefit programs discourage ...


Unbowed, Unbroken, And Unsung: The Unrecognized Contributions Of African American Women In Social Movement, Politics, And The Maintenance Of Democracy, Patricia A. Broussard Jan 2019

Unbowed, Unbroken, And Unsung: The Unrecognized Contributions Of African American Women In Social Movement, Politics, And The Maintenance Of Democracy, Patricia A. Broussard

Journal Publications

Black women have made huge contributions to American society in movements, politics, and maintenance of the democracy. Black women have been relegated to footnotes, turned in memes, and largely ignored in politics and other areas of power. Notwithstanding the disrespect, disregard, and failures of the larger society to acknowledge that black own have made significant contributions, not only in the in entertainment industry, but in numerous other ways that have shaped out cultural and political landscape, black women's contributions to the larger society have been huge and impactful; yet there are so many blank spaces where their stories should ...


Human Rights Racism, Anna Spain Bradley Jan 2019

Human Rights Racism, Anna Spain Bradley

Articles

International human rights law seeks to eliminate racial discrimination in the world through treaties that bind and norms that transform. Yet law’s impact on eradicating racism has not matched its intent. Racism, in all of its forms, remains a massive cause of discrimination, indignity, and lack of equality for millions of people in the world today. This Article investigates why. Applying a critical race theory analysis of the legal history and doctrinal development of race and racism in international law, Professor Spain Bradley identifies law’s historical preference for framing legal protections around the concept of racial discrimination. She ...


Report Of The Special Rapporteur On The Rights Of Indigenous Peoples On The Situation Of Indigenous Peoples In The United States Of America, S. James Anaya Jan 2015

Report Of The Special Rapporteur On The Rights Of Indigenous Peoples On The Situation Of Indigenous Peoples In The United States Of America, S. James Anaya

Articles

No abstract provided.


Free, Prior And Informed Consent: Ilo 169 And Undrip, Kelsey Peterson Nov 2013

Free, Prior And Informed Consent: Ilo 169 And Undrip, Kelsey Peterson

Free, Prior and Informed Consent: Pathways for a New Millennium (November 1)

2 pages.

"Kelsey Peterson, American Indian Law Program Fellow, University of Colorado Law School Class of 2015"


Agenda: Free, Prior And Informed Consent: Pathways For A New Millennium, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment, University Of Colorado Boulder. School Of Law. American Indian Law Program Nov 2013

Agenda: Free, Prior And Informed Consent: Pathways For A New Millennium, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment, University Of Colorado Boulder. School Of Law. American Indian Law Program

Free, Prior and Informed Consent: Pathways for a New Millennium (November 1)

Presented by the University of Colorado's American Indian Law Program and the Getches-Wilkinson Center for Natural Resources, Energy & the Environment.

The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), along with treaties, instruments, and decisions of international law, recognizes that indigenous peoples have the right to give "free, prior, and informed consent" to legislation and development affecting their lands, natural resources, and other interests, and to receive remedies for losses of property taken without such consent. With approximately 150 nations, including the United States, endorsing the UNDRIP, this requirement gives rise to emerging standards, obligations, and opportunities ...


Principles Of International Law For Multilateral Development Banks: The Obligation To Respect Human Rights, Robert T. Coulter, Leonardo A. Crippa, Emily Wann Nov 2013

Principles Of International Law For Multilateral Development Banks: The Obligation To Respect Human Rights, Robert T. Coulter, Leonardo A. Crippa, Emily Wann

Free, Prior and Informed Consent: Pathways for a New Millennium (November 1)

41 pages.

"January, 2009"

www.indianlaw.org


Indigenous Peoples’ Right Of Free Prior Informed Consent With Respect To Indigenous Lands, Territories And Resources (United Nations Workshop, 17-19 January 2005), Indian Law Resource Center Nov 2013

Indigenous Peoples’ Right Of Free Prior Informed Consent With Respect To Indigenous Lands, Territories And Resources (United Nations Workshop, 17-19 January 2005), Indian Law Resource Center

Free, Prior and Informed Consent: Pathways for a New Millennium (November 1)

3 pages.

U.N. Doc PFII/2004/WS.2/6


From Rapists To Superpredators: What The Practice Of Capital Punishment Says About Race, Rights And The American Child, Robyn Linde Mar 2011

From Rapists To Superpredators: What The Practice Of Capital Punishment Says About Race, Rights And The American Child, Robyn Linde

Faculty Publications

At the turn of the 20th century, the United States was widely considered to be a world leader in matters of child protection and welfare, a reputation lost by the century’s end. This paper suggests that the United States’ loss of international esteem concerning child welfare was directly related to its practice of executing juvenile offenders. The paper analyzes why the United States continued to carry out the juvenile death penalty after the establishment of juvenile courts and other protections for child criminals. Two factors allowed the United States to continue the juvenile death penalty after most states ...


Treaties As Law And The Rule Of Law: The Judicial Power To Compel Domestic Treaty Implementation, William M. Carter Jr. Jan 2010

Treaties As Law And The Rule Of Law: The Judicial Power To Compel Domestic Treaty Implementation, William M. Carter Jr.

Articles

The Supremacy Clause makes the Constitution, federal statutes, and ratified treaties part of the "supreme law of the land." Despite the textual and historical clarity of the Supremacy Clause, some courts and commentators have suggested that the "non-self-executing treaty doctrine" means that ratified treaties must await implementing legislation before they become domestic law. The non-self-executing treaty doctrine has in particular been used as a shield to claims under international human rights treaties.

This Article does not seek to provide another critique of the non-self-executing treaty doctrine in the abstract. Rather, I suggest that a determination that a treaty is non-self-executing ...


Indigenous Peoples And Environmental Justice: The Impact Of Climate Change, Rebecca Tsosie Mar 2007

Indigenous Peoples And Environmental Justice: The Impact Of Climate Change, Rebecca Tsosie

The Climate of Environmental Justice: Taking Stock (March 16-17)

Presenter: Rebecca Tsosie, Professor of Law, Arizona State University

1 page.


Keynote Address: Indigenous Peoples And Their Mark On The International Legal System, S. James Anaya Jan 2007

Keynote Address: Indigenous Peoples And Their Mark On The International Legal System, S. James Anaya

Articles

No abstract provided.


Divergent Discourses About International Law, Indigenous Peoples, And Rights Over Lands And Natural Resources: Toward A Realist Trend, S. James Anaya Jan 2005

Divergent Discourses About International Law, Indigenous Peoples, And Rights Over Lands And Natural Resources: Toward A Realist Trend, S. James Anaya

Articles

In this article renowned scholar S. James Anaya analyzes the divergent assessments of international law's treatment of indigenous peoples' demands to lands and natural resources. The author explores several strains of arguments that have been advanced within this debate, including state-centered arguments and human rights-based arguments. The author also examines the shortcomings of recurring interpretive approaches to international law that consider indigenous peoples' rights to land and resources. From this analysis the author identifies a more promising approach within the human rights framework--which he describes as a realist approach--that focuses on the confluence of values, power, and change. The ...


Gender Hate Propaganda And Sexual Violence In The Rwandan Genocide: An Argument For Intersectionality In International Law, Llezlie Green Jan 2002

Gender Hate Propaganda And Sexual Violence In The Rwandan Genocide: An Argument For Intersectionality In International Law, Llezlie Green

Articles in Law Reviews & Other Academic Journals

This article explores the gendered dimensions of genocidal hate propaganda before and during the Rwandan genocide and proposes that the international tribunal consider these cases with an intersectional approach that attempts to fully appreciate the harm inflicted upon Tutsi women.


The Protection Of Respect And Human Rights: Freedom Of Choice And World Public Order, Myers Mcdougal, Harold Lasswell, Lung-Chu Chen Jan 1975

The Protection Of Respect And Human Rights: Freedom Of Choice And World Public Order, Myers Mcdougal, Harold Lasswell, Lung-Chu Chen

Articles & Chapters

No abstract provided.