Sexuality and the Law Commons^™

Book Review: Aids In The World, 16 Hous. J. Int'l L. 709 (1994), Mark E. Wojcik

Mark E. Wojcik

No abstract provided.

Ending Bacha Bazi: Boy Sex Slavery And The Responsibility To Protect Doctrine, 25 Ind. Int'l. & Comp. L. Rev. 63 (2015), Samuel Vincent Jones

Samuel V. Jones

This essay challenges the conventional wisdom that prohibitions against government-condoned child-sex slavery have attained non- derogable, peremptory status under international law. Much to the utter shock of field investigators and human rights experts, boy sex slavery has evolved into a constitutive and central feature of the Islamic Republic of Afghanistan (Afghanistan) because of a customary practice commonly referred to as bacha bazi.

Twenty-First Century Regression: The Disparate Impact Of Hiv Transmission Laws On Gays, Siobhan E. Murillo

Siobhan E Murillo

No abstract provided.

Ending Bacha Bazi: Boy Sex Slavery And The Responsibility To Protect Doctrine, 25 Ind. Int'l. & Comp. L. Rev. 63 (2015), Samuel Vincent Jones

UIC Law Open Access Faculty Scholarship

This essay challenges the conventional wisdom that prohibitions against government-condoned child-sex slavery have attained non- derogable, peremptory status under international law. Much to the utter shock of field investigators and human rights experts, boy sex slavery has evolved into a constitutive and central feature of the Islamic Republic of Afghanistan (Afghanistan) because of a customary practice commonly referred to as bacha bazi.

The 'New' Law Applicable To Lgbti International Civil Servants In The U.N. System, Daniele Gallo

American University International Law Review

No abstract provided.

The Right To No: The Crime Of Marital Rape, Women's Human Rights, And International Law, Melanie Randall, Vasanthi Venkatesh

Brooklyn Journal of International Law

More than half of the world’s countries do not explicitly criminalize sexual assault in marriage. While sexual assault in general is criminalized in these countries, sexual assault perpetrated by a spouse is entirely legal. The human rights violations inhere in acts of violence against women are now well recognized. Yet somehow marital rape is a particular form of gendered violence that has escaped both criminal law sanctions and human rights approbation in a great number of the world’s nations.

This silence in the law creates legal impunity for men who sexually assault or rape the women who are their wives …

Sex And The Shari’A: Defining Gender Norms And Sexual Deviancy In Shi’I Islam, Haider Ala Hamoudi

Articles

This paper demonstrates that modern authoritative jurists working within the Shi’i tradition have developed their rules respecting sex regulation to serve three primary commitments. The first of these is that there is an intense and near debilitating desire on the part of human beings generally, though mostly men, for a great deal of sex. This desire must be satisfied, but it also must be tightly controlled. This is because of the second commitment, which is that excessive licentiousness is a form of secular distraction from a believer’s central obligation to worship God. Finally, and perhaps the most interesting, is the …

Religiosity In Constitutions And The Status Of Minority Rights, Brandy G. Robinson

Cultural Encounters, Conflicts, and Resolutions

Minority rights and religion have never been topics that are simultaneously considered. However, arguably, the two have relevance, especially when combined with the topic and theory of constitutionalism. Historically and traditionally, minorities have been granted certain rights and have been denied certain rights under various constitutions. These grants and denials relate to cultural differences and values, arguably relating to a culture’s understanding and interpretation of religion.

This article explores the relationship and status of minority rights as it relates to religiosity and constitutionalism. Essentially, there is a correlation between these topics and research shows where certain nations have used religion …

Extracting More Than Resources: Human Security And Arctic Indigenous Women, Victoria Sweet

Seattle University Law Review

The circumpolar Arctic region is at the forefront of rapid change, and with change come potential threats to human security. Numerous factors determine what makes a state, a community, or an individual feel secure. For example, extractive industry development can bring economic benefits to an area, but these development projects also bring security concerns, including potential human rights violations. While security concerns connected with development projects have been studied in southern hemisphere countries and countries classified as “developing,” concerns connected with extractive industry development projects in “developed” countries like the United States have received little attention. This Article will change …

Democracy In Disguise: Assessing The Reforms To The Fundamental Rights Provisions In Guyana, Arif Bulkan

Georgia Journal of International & Comparative Law

No abstract provided.

Diversity In The Boardroom: A Content Analysis Of Corporate Proxy Disclosures, Aaron A. Dhir

Pace International Law Review

My work in this field has focused on regulation by quota and regulation by disclosure. With regard to quotas, strikingly, the Norwegian law is not located in regulation that explicitly deals with human rights or equality issues; rather, it is found in the heart of the legal regime that gives life and personality to corporations – in Norwegian corporate law. I have conducted qualitative, interview-based research with Norwegian corporate directors, both men and women. It is only through understanding how the goals of the law have translated into the day-to-day existence of these individuals that we can begin to consider …

Comparative Sex Regimes And Corporate Governance: An Introduction, Darren Rosenblum

Pace International Law Review

In February 2013, on the day of the worst snowstorm in many years, Pace International Law Review conducted a symposium on “Comparative Sex Regimes and Corporate Governance.” Despite a total shutdown of all transport networks and the consequent absence of a few stranded scholars, we met to discuss the fraught questions posed by corporate board quotas and formulate answers.

Led by Norway in 2003, several nations have begun to mandate certain levels of women’s inclusion on corporate boards. In the face of widespread exclusion of women from corporate power that suggests structural biases, these quotas appear radical and compelling. The …

Sexual Violence Directed Against Men And Boys In Armed Conflict Or Mass Atrocity: Addressing A Gendered Harm In International Criminal Tribunals, Valerie Oosterveld

Law Publications

No abstract provided.

Procedural Steps Addressing Sexual And Gender-Based Violence: The Legacy Of The International Criminal Tribunal For Rwanda And Its Application In The Special Court For Sierra Leone, Valerie Oosterveld

Law Publications

This paper examines certain procedural strategies adopted by the International Criminal Tribunal for Rwanda (ICTR) to encourage and support victims of, and witnesses to, sexual and gender-based violence and traces their application in the Special Court for Sierra Leone. First, the paper explores specific methods used to protect the identity of victims and witnesses. Second, this paper considers steps taken by the ICTR to provide courtroom support to victims and witnesses. Finally, this paper surveys evidentiary approaches meant to reduce the retraumatization of sexual violence victims. The ICTR indeed has a legacy in these respects, somewhat positive and somewhat flawed.

Transforming Family Law Through Same-Sex Marriage: Lessons From (And To) The Western World, Macarena Saez

Articles in Law Reviews & Other Academic Journals

Same-sex marriage is a 21st century phenomenon. In less than 13 years more than 15 countries have amended their marriage laws to include same-sex couples. Some countries have made the change through political decisions but others have reached the change through adjudicative processes. A comparative analysis of decisions from the highest courts of countries or states granting marriage to same-sex couples demonstrates: 1. similar arguments are presented to these courts when making the case for and against same-sex marriage; 2. courts are using comparative law to justify their decisions on same-sex marriage; 3. the majority of courts in these countries …

Beyond Paroline: Ensuring Meaningful Remedies For Child Pornography Victims At Home And Abroad, W. Warren H. Binford

W. Warren H. Binford

This article considers how the United States could fulfill its international treaty obligations to support the full restoration of child pornography victims in the aftermath of the recent decision of the United States Supreme Court in Paroline v. United States. The article details how the United States provided leadership historically in creating a skeletal legal framework domestically and internationally to help combat child pornography and restore victims, and highlights how that framework is failing victims on a near-universal basis in an age dominated by technological innovation and globalization. The article proposes the adoption and implementation of effective domestic and international …

Re-Visiting Homosexuality In Cameroon: Effective Advocacy On The Path From Homophobia To Dignity And Equality, Jean Cedric Ndzomo

Master's Theses

Cameroon, one of the countries in the world that continues to criminalize homosexuality, has been on the news recently due to the torture and murder of young journalist and gay activist, Eric Ohena. This paper examines the discrimination faced by the LGBTI community in Cameroon by exploring the origins of homophobic violence, the role played by Cameroon's legal system, and the struggles of LGBTI Cameroonians in their fight for a better life. The analysis includes a review of the work by scholars on colonialism and sexuality in Africa, and questions the roots of violence and abuse against the LGBTI community …

Addressing Early Marriage: Culturally Competent Practices And Romanian Roma (“Gypsy”) Communities, Judith Hale Reed

Judith A Hale Reed

Early marriage affects many communities around the world. Examples of commonly practiced early marriage can be found today in the U.S., India, Syria, and many other places. Although most countries have instituted minimum age laws for marriage, so that legal marriage can only occur after an age set by law, early marriage is still practiced for tradition, control, security, and other reasons. This article explores the harms of early marriage and the international instruments meant to defend against these harms in Part II. Part III reviews theoretical perspectives from legal anthropology and presents a case study of early marriage in …

Critical Tax Policy: A Pathway To Reform?, Nancy J. Knauer

Nancy J. Knauer

The Global Recession of 2008 and ensuing austerity measures have renewed the urgency surrounding the call for fundamental tax reform. Before embarking on fundamental tax reform, this Article proposes adding a critical lens to existing US tax policy to ensure that any proposals for change are informed, transparent, and responsive to the needs (and abilities) of individual taxpayers. This Article makes the case for a specific method of inquiry – Critical Tax Policy – that is built on the articulation of difference rather than false assumptions of sameness. Critical Tax Policy incorporates the insights of a growing international tax equity …

Explaining The Progression Of The Rights Of Same-Sex Couples In South America, Daniel De La Cruz

San Diego International Law Journal

A trend of rights advocacy has recently developed in the international community. Organizations dedicated to the principle of advancing the rights of historically under-represented and oppressed social groups have proliferated around the globe. The growth of the gay rights movement in recent years has resulted in the expansion of civil liberties afforded to same-sex couples. The movement has gained significant success in symbolic expression. Even without much knowledge of the movement, one typically associates a rainbow flag, the Greek letter lambda, and the word “pride” with the effort. Unfortunately, the movement has not achieved comparable substantive success. Same-sex couples continue …

The Sex Selection Debate: A Comparative Study Of Sex Selection Laws In The United States And The United Kingdom, Deidre C. Webb

South Carolina Journal of International Law and Business

No abstract provided.

Equality For All: Equal Protection For Queer Individuals In International Community, David C. Bell

David C Bell

This paper will address the need for international protections of the LGBTI community. After looking at some definitions and theories of international law, this paper will address the question of why protections are needed for the LGBTI community. Then the paper will look at previous attempts to create international precedent to protect these groups. Following those topics, this paper will take a look at the Yogyakarta Principles and conclude by speculating on the future to see where protections for these communities may lie.

Perspectives On Crimes Of Sexual Violence In International Law, Susana Sacouto

Articles in Law Reviews & Other Academic Journals

INTRODUCTION: Sexual and gender-based violence (SGBV) during conflict and periods of repression has been a problem in every region of the globe.' Historically, these crimes were rarely prosecuted, particularly when government leaders were responsible for tolerating, encouraging, or orchestrating these crimes. However, the last two decades have seen an incredible transformation in the treatment of SGBV under international law. Great strides have been made in the investigation and prosecution of sexual and gender-based crimes, particular by the ad hoc International Criminal Tribunals for the Former Yugoslavia and Rwanda, and the Special Court for Sierra Leone This essay examines the way …

Perspectives On Crimes Of Sexual Violence In International Law.Pdf, Susana L. Sacouto

Susana L. SáCouto

Los Derechos Reproductivos En La Jurisprudencia De La Corte Interamericana De Derechos Humanos: Apuntes Sobre La Sentencia En El Caso Artavia Murillo Y Otros Contra Costa Rica., Beatriz Ramirez

Beatriz Ramirez

"There's No Place Like Home" Doma Deportation: The Forced Expatriation Of Bi-National Same-Sex Couples From The United States To Canada, Anh "Annie" Nguyen

San Diego International Law Journal

This comment will focus on bi-national same-sex couples who are forced to expatriate from the united states to canada because of DOMA’s detrimental effects on their relationship. more specifically, part I focuses on DOMA’s constitutionality, effects on bi-national same-sex couples, and current legal challenges. Part II provides a historical analysis of the united states’ attitude towards same-sex unions before describing current legislation regarding same-sex couples. Part III describes canada’s recognition of same-sex marriage and support of immigration equality, comparing and contrasting the canadian approach with the united states’ approach. Part IV explains the current legal and financial issues that bi-national …

An End To The Violence: Justifying Gender As A "Particular Social Group", Suzanne Sidun

Pepperdine Law Review

No abstract provided.

National Report: Uruguay , Walter Howard

American University Journal of Gender, Social Policy & the Law

No abstract provided.

National Report: United Kingdom, Kenneth Mck. Norrie

American University Journal of Gender, Social Policy & the Law

No abstract provided.

National Report: Turkey, Başak Başoğlu, Candan Yasan

American University Journal of Gender, Social Policy & the Law

No abstract provided.