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Looted Cultural Objects, Elena Baylis

Articles

In the United States, Europe, and elsewhere, museums are in possession of cultural objects that were unethically taken from their countries and communities of origin under the auspices of colonialism. For many years, the art world considered such holdings unexceptional. Now, a longstanding movement to decolonize museums is gaining momentum, and some museums are reconsidering their collections. Presently, whether to return such looted foreign cultural objects is typically a voluntary choice for individual museums to make, not a legal obligation. Modern treaties and statutes protecting cultural property apply only prospectively, to items stolen or illegally exported after their effective dates. …

Does Electoral Proximity Influence Commitment To International Human Rights Law?, Nolan Ragland

Baker Scholar Projects

The core international human rights treaties from the United Nations have been signed and ratified by varying groups of states, and much of previous research has been dominated by a desire to explain ratification of international human rights law (IHRL) through the democratic lock-in effect and states’ economic and political ties to one another. In this paper, I seek to understand when states are ratifying IHRL, testing whether the presence of elections influences commitment to three of the nine core international human rights treaties: the International Convention on the Protection of the Rights of All Migrant Workers and Members of …

Upholding Human Rights In North Korea, Deborah Adeniji

Helm's School of Government Conference - American Revival: Citizenship & Virtue

No abstract provided.

Transformaciones De Los Regímenes De Bienestar En Colombia, Bairon Otálvaro Marín

Gobernar: The Journal of Latin American Public Policy and Governance

El artículo muestra el proceso de evolución de tres modelos referenciales de política social y de régimen de bienestar en los albores del siglo XXI en Colombia. Se acude al método de análisis cognitivo en políticas públicas, como estrategia para la construcción de datos, evidencias y argumentos que permiten describir e interpretar los diversos enfoques y tipos de política social implementados en contextos territoriales caracterizados por un aumento de relaciones de exclusión y desigualdad. Los resultados evidencian que los enfoques más desarrollados en Colombia son asistenciales, neo asistenciales (protección social) e inclusivos, miradas que han ido construyendo una forma de …

Examining The Social Security Tribunal’S Navigator Service: Access To Administrative Justice For Marginalized Communities, Laverne Jacobs, Sule Tomkinson

Law Publications

An accessible MS Word version of this document is available for download at the bottom of this screen under "Additional files."

This report provides the findings, analysis and recommendations of a research study conducted on the federal Social Security Tribunal’s Navigator Service (SST Navigator Service). The SST Navigator Service was established in 2019 for tribunal users without a professional representative. The study examines the use of the Navigator Service for Canada Pension Plan–Disability (CPP–Disability) appeals heard by the Income Security - General Division of the Social Security Tribunal.

This research study focuses on access to administrative justice on the …

White Supremacy, Police Brutality, And Family Separation: Preventing Crimes Against Humanity Within The United States, Elena Baylis

Articles

Although the United States tends to treat crimes against humanity as a danger that exists only in authoritarian or war-torn states, in fact, there is a real risk of crimes against humanity occurring within the United States, as illustrated by events such as systemic police brutality against Black Americans, the federal government’s family separation policy that took thousands of immigrant children from their parents at the southern border, and the dramatic escalation of White supremacist and extremist violence culminating in the January 6, 2021 attack on the U.S. Capitol. In spite of this risk, the United States does not have …

International Imposition Vs. Domestic Assimilation: The Criminalization Of Female Genital Cutting In Ghana, Anna Amma Sallah

Electronic Theses and Dissertations

The unassailable continuity of female genital cutting (FGC) despite its criminalization and the salience wielded over the past few decades stokes thoughts about what is missing—signifying the need to examine present legal mechanisms pertinent to FGC critically. The current research fails to consider the full breadth of the entanglement of law and culture relating to FGC, which is important because where the change of behavior is the objective of the law, social and legal norms must interact. By relying on the basis that FGC is not a normative crime but a deeply rooted cultural practice, I argue that international law …

Learning Amid Disruption: Bouncing Forward Into A Changed World, Rachel Reichenbach, Jewlya Lynn, Jen Heeg

The Foundation Review

The philanthropic sector has come to recognize the importance of bringing a systems lens to its work, seeking to influence upstream drivers of complex problems, and being adaptive in its approaches instead of implementing static, multiyear plans. Yet, integrating these concepts into practice continues to pose a challenge.

Humanity United — a foundation dedicated to cultivating the conditions for enduring freedom and peace — had been grappling with this charge when the disruption caused by COVID-19 led it into a crisis response mode in 2020, similar to many other philanthropic institutions. That disruption also challenged our old ways of being, …

Hope Versus Reality: The Efficacy Of Using Us Military Aid To Improve Human Rights In Egypt, Gregory L. Aftandilian

The US Army War College Quarterly: Parameters

Using US military aid as a lever to achieve human rights reforms has proven only marginally effective. This article examines the approaches employed by the Obama and Trump administrations to US military aid to Egypt and proposes practical steps that can be taken by policymakers and the military personnel on the ground to advance US human rights values.

Municipal Equality Index (Mei) For Nevada Cities And Municipalities, Kristian Thymianos, Elia Del Carmen Solano-Patricio, Saha Salahi, Caitlin J. Saladino, William E. Brown Jr.

Cities & Metros

The Human Rights Campaign (HRC) and Equality Federation Institute compiled a 2020 Municipal Equality Index (MEI) that creates a scorecard measuring inclusivity and livability for members of Lesbian Gay Bisexual Trans Queer Intersex and Asexual (LGBTQIA+) communities who live and work in major U.S. cities and municipalities. For the purposes of this fact sheet, data for 10 Nevada municipalities are examined and ranked.

On Paper, Off The Records, Valen Iricibar

Capstones

Argentina’s new non-binary ID cards (DNI in Spanish) were highly celebrated when they were announced in July 2021 via a presidential decree. Government agencies had until November 18th to update systems and databases to include the new gender marker “X.” But that didn’t happen, so those with the non-binary DNI are unable to access essential services. The Argentine government cited the national 2012 Gender Identity Law, which guarantees a DNI that fully reflects a citizen’s gender identity, as the basis for the measure. However, for many in the trans*, non-binary and gender non-conforming community, the decree was unnecessary to enforce …

Local Elected Officials’ Receptivity To Refugee Resettlement In The United States, Robert Shaffer, Lauren E. Pinson, Jonathan A. Chu, Beth A. Simmons

All Faculty Scholarship

Local leaders possess significant and growing authority over refugee resettlement, yet we know little about their attitudes toward refugees. In this article, we use a conjoint experiment to evaluate how the attributes of hypothetical refugee groups influence local policymaker receptivity toward refugee resettlement. We sample from a novel, national panel of current local elected officials, who represent a broad range of urban and rural communities across the United States. We find that many local officials favor refugee resettlement regardless of refugee attributes. However, officials are most receptive to refugees whom they perceive as a strong economic and social fit within …

Socio-Economic Well-Being Of International F-1 Students Living And Working In The United States, Elena K. Taborda

Graduate Doctoral Dissertations

According to United States law, international F-1 students are nonimmigrant aliens residing in the United States temporarily. Yet, they are more than just short-term visitors, as many of them live in the country for years while pursuing their postsecondary studies. Since international students are foreign citizens, their rights and freedoms are bound by the constraints of the country’s immigration policies. This study is concerned with work-related restrictions imposed on F-1 students by the U.S. government, positioning international students’ limited opportunities for employment as being in violation with their basic human right to economic and social development.

This multi-method project drew …

The Global Food Security Act: America's Strategic Approach To Combating World Hunger, Michael Adkins

Journal of Food Law & Policy

The world’s farms currently produce enough calories to adequately feed everyone on the planet. From the 1960s through 2008, per capita food availability worldwide has risen from 2220 kilocalories per person per day to 2790. Specifically, developing countries have recorded a rise in kilocalories per person per day, from 1850 to 2640. Yet, despite overall availability, around 815 million people still suffer from hunger or some form of malnutrition. Approximately one in ten people are undernourished.

Sanctions And The Proliferation Of Terrorism: Cases Of Iran, Libya, And Bosnia-Herzegovina, Savanah Courtney

Public Administration & Policy

This study tests the hypothesis that the use of sanctions as a foreign policy tool produces favorable conditions for an increase in terrorism activity using cases of sanctions against Bosnia-Herzegovina, Libya, and Iran. Using literature as the basis for this hypothesis, data suggests that there is not significant evidence to support this theory using these cases. The circumstances surrounding the political environment and stability of each country tells different stories, where attributing rising terrorist activity to sanctions themselves ignores the complexity of foreign economies their political and social atmospheres in which they operate. This thesis alludes to several questions and …

Services, Systems And Policies Shaping Community Mobility For People With Mobility Impairments: A Case Study From Northern Iceland, Sigrun Kristin Jonasdottir

Electronic Thesis and Dissertation Repository

Community mobility, or the act of moving around within the community, can be thought of as an occupation, but also as a means to occupation, because it is essential for people to have opportunities to participate in society. People with mobility impairments do not have the same opportunities as other people to move around because of multiple challenges in the environment. This research aimed to enhance understanding of how services, systems and policies shape community mobility of people with mobility impairments in the town of Akureyri in northern Iceland. This dissertation further raises awareness about human rights, occupational rights and …

Treatment And Evolution Of Digital Rights: A Comparative Analysis Of China, Russia, The United States, And Germany, Karina Barbesino

Honors Program Theses

The internet and digital technologies allow for the recognition, advocation, and protection of human rights. People around the world have access to faster and exponentially more information than ever before. The possibilities for education, politics, healthcare, work, and equality have greatly expanded. The internet provides new opportunities for the progression of humanity, but not without a cost. The transformative power of the internet to both empower and infringe on human rights has not been lost on states. As a relatively new domain, the policies in cyberspace remain in their trial periods. Each state is implementing, redacting, and implementing again policies …

Introduction: Developing Strategies For Stability And A Sustainable Shared Development In Euro-Mediterranean Migrations, Emanuela C. Del Re

New England Journal of Public Policy

This special issue on migration offers a collection of contributions from prominent scholars, academics, and researchers from Europe, Africa, and the United States who provide a unique multilevel and prismatic analysis of this fundamental social phenomenon.

Strategies For Stability And Sustainability In Euro-Mediterranean Migrations, Emanuela C. Del Re

New England Journal of Public Policy

In this article, the author provides a wide and vivid picture of the several dimensions of migration flows in the current global scenario and, in particular, in the Mediterranean. She proposes new interpretations of this complex phenomenon, analyzing its multiple aspects and characteristics and the push factors and policies and responses of the countries of origin, transit, and destination. She suggests new approaches and strategies to deal with the issue of migration, urging the EU member states and EU institutions to develop management policies for stability and sustainability that are welcoming and that respect human rights.

Response And Responsibilities Of The Republic Of Macedonia In The Migrant And Refugees Crises, Toni Mileski

New England Journal of Public Policy

The Republic of Macedonia has had a long history of dealing with migrants and refugees. Since the late nineteenth century, conflicts, including the Balkan Wars (1912–1913), the First and Second World Wars, the Greek civil war (1945–1949), the Kosovo conflict, and the 2001 internal security crisis, have caused successive waves of migration. More recently, armed conflict in the Middle East, especially in Syria, caused a migrant and refugee crisis that has deeply affected the country. This article analyses how the Republic of Macedonia has responded to this crisis. It examines the initial period of the crisis, the measures, activities, and …

European Immigration Controls Conforming To Human Rights Standards, Yannis Ktistakis

New England Journal of Public Policy

The European continent has for some years been facing increased pressure from migration. In 2010, Europe, in comparison with the other continents, was expected to host the largest number of migrants: 69.8 million migrants representing 32.6 percent of the total flow of migrants (213.9 million international migrants). This pressure has caused the two main European organizations, the Council of Europe and the European Union, to act decisively for the protection of migrants. Although the European legal order offers a high standard of human rights protection—having adopted, over the decades, the relevant instruments and developed effective mechanisms—the two European organizations have …

U.S. Congressional Committee Hearings On Korea During The 113th Congress 2013-2014: Overseeing Multifaceted Aspects Of Washington's Peninsular Interests, Bert Chapman

Libraries Faculty and Staff Scholarship and Research

Numerous U.S. government agencies are involved in developing and implementing U.S. policy toward Korean Peninsula events, trends, and developments. Those studying U.S. government policies toward this region need to pay particular attention to the role played by U.S. Congressional committees in this policymaking. Congressional committees are responsible for approving new legislation, revising existing legislation, funding U.S. government programs and conducting oversight of these programs. This work examines Congressional committee hearings and debate during the 113th Congress (2013–2014) and reveals that multiple Congressional committees with varying jurisdictions seek to shape U.S. government Korean Peninsula policy and that this policymaking covers more …

Sleep: A Human Rights Issue, Clark J. Lee

Homeland Security Publications

Recognition of sleep as a human rights issue by governmental and legal entities (as illustrated by recent legal cases in the United States and India) raises the profile of sleep health as a societal concern. Although this recognition may not lead to immediate public policy changes, it infuses the public discourse about the importance of sleep health with loftier ideals about what it means to be human. Such recognition also elevates the work of sleep researchers and practitioners from serving the altruistic purpose of improving human health at the individual and population levels to serving the higher altruistic purpose of …

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Ratification, Reporting, And Rights: Quality Of Participation In The Convention Against Torture, Cossette D. Creamer, Beth A. Simmons

All Faculty Scholarship

The core international human rights treaty bodies play an important role in monitoring implementation of human rights standards through consideration of states parties’ reports. Yet very little research explores how seriously governments take their reporting obligations. This article examines the reporting record of parties to the Convention against Torture, finding that report submission is heavily conditioned by the practices of neighboring countries and by a government’s human rights commitment and institutional capacity. This article also introduces original data on the quality and responsiveness of reports, finding that more democratic—and particularly newly democratic—governments tend to render higher quality reports.

Racism Vs. Social Capital: A Case Study Of Two Majority Black Communities, Bruce W. Strouble

Walden Dissertations and Doctoral Studies

Several researchers have identified social capital as a means to improve the social sustainability of communities. While there have been many studies investigating the benefits of social capital in homogeneous White communities, few have examined it in Black homogeneous communities. Also, there has been limited research on the influence of racism on social capital in African American communities. In this dissertation a comparative case study was used within a critical race theory framework. The purpose was to explore the role of racial oppression in shaping social capital in majority African American communities. Data were collected from 2 majority Black communities …

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 …

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

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"

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

Managing The Polarities Of Democracy: A Theoretical Framework For Positive Social Change, William J. Benet

Journal of Sustainable Social Change

People around the globe have embraced democracy to bring about positive social change to address our environmental, economic, and militaristic challenges. Yet, there is no agreement on a definition of democracy that can guide social change efforts. The Polarities of Democracy model is a unifying theory of democracy to guide healthy, sustainable, and just social change efforts. The Polarities of Democracy model consists of ten elements, organized as five polarity pairs: freedom & authority, justice & due process, diversity & equality, human-rights & communal-obligations, and participation & representation. In this model each element has positive aspects and negative aspects and …