Open Access. Powered by Scholars. Published by Universities.®

Human Rights Law Commons

Open Access. Powered by Scholars. Published by Universities.®

4,712 Full-Text Articles 3,593 Authors 1,774,942 Downloads 130 Institutions

All Articles in Human Rights Law

Faceted Search

4,712 full-text articles. Page 1 of 117.

The Meaning Of The Responsibility To Protect: An Analysis Of The R2p Principle In International Law, 2001-2013, Muditha Halliyadde 2015 Indiana University Maurer School of Law

The Meaning Of The Responsibility To Protect: An Analysis Of The R2p Principle In International Law, 2001-2013, Muditha Halliyadde

Theses and Dissertations

The thesis analyzes the first decade of experience with the principle of the responsibility to protect (R2P), in order to evaluate the status of the R2P principle in contemporary international law. The R2P principle is an important topic because its meaning, as well as its effect, continues to be debated in international law. The thesis examines state practice within the United Nations and beyond after the articulation of the R2P principle in 2001. The analysis includes detailed case studies relevant to R2P: Darfur, Libya, Côte d’Ivoire and Syria. The thesis argues that the R2P principle has not significantly changed ...


Human Dignity As A Normative Standard Or As A Value In Global Health Care Decisionmaking?, George P. Smith 2015 The Catholic University of America, Columbus School of Law

Human Dignity As A Normative Standard Or As A Value In Global Health Care Decisionmaking?, George P. Smith

George P Smith

Abstract

Dignity is seen commonly as an ethical obligation owed to human persons. The dimensions of this obligation, in today’s post secular society, are—however—subject to wide discussion and debate; for, the term, human dignity, and its preservation, defies universal agreement. Yet its preservation, together with the prevention of indignity, is a guiding principle or at least a vector of force in a wide range of issues ranging from embryo research and assisted reproduction to biomedical enhancement, and the care of the disable and to the dying. In clinical medicine, safeguarding the dignity of the patient is a ...


Shared Responsibility Regulation Model For Cross-Border Reproductive Transactions, Sharon Bassan 2015 Tel Aviv University

Shared Responsibility Regulation Model For Cross-Border Reproductive Transactions, Sharon Bassan

Sharon Bassan

The term “cross-border reproductive transactions” refers to the phenomenon of tens of thousands of people who travel from one country to another to purchase reproductive services, in order to have a child. The foci of this paper are the lion share of cross-border reproductive transactions, specifically between consumers, i.e., intended parents from affluent countries, and suppliers of reproductive services, egg sellers and surrogate mothers, the majority of whom are from lower middle-income countries. Strong concerns regarding the morality of consumers’ states’ policy arise when a country nationally restricts or bans commercial surrogacy, while accepting the results of cross-border reproductive ...


Verboten: Forbidden Homeschooling In Germany And Its Conflict With International Religious Freedom., Jacob A. Aschmutat 2015 Emory University

Verboten: Forbidden Homeschooling In Germany And Its Conflict With International Religious Freedom., Jacob A. Aschmutat

Jacob A Aschmutat

Germany maintains strict compulsory education laws that prevent families from educating their children at home. Germany strictly enforces these laws, with little regard to the families’ incentives to remove their children from the public schools. As such, these laws contain no exemption for families interested in homeschooling for religious purposes. The absence of such an exemption seems to contradict the internationally recognized right to religious freedom, a right concretely granted through three international treaties that Germany has both signed and ratified.

Several decisions by the European Court of Human Rights give little to no credence to the notion of religious ...


Dying In Original Sin Vis-À-Vis Living In Disgrace—In Defense Of The Right To Socio-Eugenic Abortion As Personal Liberty, JAYADEVAN V. R. DR. 2015 The National University of Advanced Legal Studies, Kochi, Kerala, India

Dying In Original Sin Vis-À-Vis Living In Disgrace—In Defense Of The Right To Socio-Eugenic Abortion As Personal Liberty, Jayadevan V. R. Dr.

Hamline Law Review

Abstract


The Legal Community’S Most Elusive Task: Codifying A Universal Definition Of “Terrorism.”, Jennifer Breedon 2015 Regent University

The Legal Community’S Most Elusive Task: Codifying A Universal Definition Of “Terrorism.”, Jennifer Breedon

Jennifer Breedon

The international community has been, and remains, unable to prevent episodes of mass murder resulting for modern-day terrorist ideologies due to three basic failures: (1) the failure to face the problem squarely and understand its real nature, (2) the failure to recognize that it is possible to prevent mass murder of individuals, and (3) the failure to act once knowledge of the violent intent of perpetrators is recognized. This paper will face these challenges by uncovering the fundamental issues underlying the failure of the international community to adopt a uniform and transnational definition of modern-day terrorism boldly and honestly. Terrorism ...


Justice-As-Fairness As Judicial Guiding Principle: Remembering John Rawls And The Warren Court, Michael Anthony Lawrence 2015 Michigan State University College of Law

Justice-As-Fairness As Judicial Guiding Principle: Remembering John Rawls And The Warren Court, Michael Anthony Lawrence

Michael Anthony Lawrence

This Article looks back to the United States Supreme Court’s jurisprudence during the years 1953-1969 when Earl Warren served as Chief Justice, a period marked by numerous landmark rulings in the areas of racial justice, criminal procedure, reproductive autonomy, First Amendment freedom of speech, association and religion, voting rights, and more. The Article further discusses the constitutional bases for the Warren Court’s decisions, principally the Fourteenth Amendment equal protection and due process clauses.

The Article explains that the Warren Court’s equity-based jurisprudence closely resembles, at its root, the “justice-as-fairness” approach promoted in John Rawls’s monumental 1971 ...


Hiv And Gender-Based Violence: Welcome Policies And Programmes, But Is The Research Keeing Up?, Sofia Gruskin, Kelly Safreed-Harmon, Chelsea L. Moore, Riley J. Steiner, Shari L. Dworkin 2015 University of Southern California

Hiv And Gender-Based Violence: Welcome Policies And Programmes, But Is The Research Keeing Up?, Sofia Gruskin, Kelly Safreed-Harmon, Chelsea L. Moore, Riley J. Steiner, Shari L. Dworkin

University of Southern California Legal Studies Working Paper Series

The global HIV policy arena has seen a surge of interest in gender-related dimensions of vulnerability to HIV and violence. UNAIDS and other prominent actors have named gender-based violence a key priority, and there seems to be genuine understanding and commitment to addressing gender inequalities as they impact key populations in the AIDS response. In the quest for evidence-informed interventions, there is usually a strong connection between the research conducted and the policies and programmes that follow. Regarding gender, HIV and violence, is this the case? This discussion paper asks whether the relevant peer-reviewed literature is suitably representative of all ...


From Baby M To Baby M(Anji): Regulating International Surrogacy Agreements, yehezkel Margalit 2015 SelectedWorks

From Baby M To Baby M(Anji): Regulating International Surrogacy Agreements, Yehezkel Margalit

Hezi Margalit

In 1985, when Kim Cotton became Britain’s first commercial surrogate mother, Europe was exposed to the issue of surrogacy for the first time on a large scale. Three years later, in 1988, the famous case of Baby M drew the attention of the American public to surrogacy as well. These two cases implicated fundamental ethical and legal issues regarding domestic surrogacy and triggered a fierce debate about motherhood, child-bearing, and the relationship between procreation, science and commerce. These two cases exemplified the debate regarding domestic surrogacy - a debate that has now been raging for decades. Contrary to the well-known ...


Notes From A New Underground: The Intersection Of Russian Orthodoxy, Religious Liberty, Lgbt Rights, And State Authority, John Ehrett 2015 Yale Law School

Notes From A New Underground: The Intersection Of Russian Orthodoxy, Religious Liberty, Lgbt Rights, And State Authority, John Ehrett

John Ehrett

Current laws in the Russian Federation impose sanctions against both speech deemed offensive to Russia’s traditional religious groups and speech considered “propaganda” of the lesbian, gay, bisexual, and transgender (LGBT) community. This Article offers a contemporary examination of the historical, cultural and political forces underlying these ongoing trends, and offers an interdisciplinary consideration of issues surrounding the intersection of liberty of religious expression with liberty of LGBT expression in Vladimir Putin’s Russia. This is historically contextualized through consideration of the political integration of church and state as a contributing factor toward limitations on these political freedoms. Ultimately, a ...


Land Tenure Security In Colombia: For Whom? What For? The Relativity Of The Property Rights Regime In The Context Of Transitional Justice And Economic Globalization, Marco A. Velásquez-Ruiz 2015 Osgoode Hall Law School - York University

Land Tenure Security In Colombia: For Whom? What For? The Relativity Of The Property Rights Regime In The Context Of Transitional Justice And Economic Globalization, Marco A. Velásquez-Ruiz

Marco A. Velásquez-Ruiz

This paper intends to illustrate current challenges around the conceptualization and articulation of land tenure security in Colombia. This situation is explained by the existence of tensions between divergent normative rationales within the country’s policy agenda. On the one hand, the implementation of a transitional justice project intended to achieve sustainable peace in the country through the compensation of victims and execution of structural adjustments in the rural side. And on the other, the systematic conclusion of international investment agreements so as to attract foreign investment by means of the provision of a stable legal environment. It is contended ...


Trending@Rwu Law: Professor Emily Sack's Post: More Death Penalty Puzzles Highlighted By New Supreme Court Case, Emily Sack 2015 Roger Williams University School of Law

Trending@Rwu Law: Professor Emily Sack's Post: More Death Penalty Puzzles Highlighted By New Supreme Court Case, Emily Sack

Blogs

No abstract provided.


Bridging The Gap Between Intent And Status: A New Framework For Modern Parentage, yehezkel Margalit 2015 SelectedWorks

Bridging The Gap Between Intent And Status: A New Framework For Modern Parentage, Yehezkel Margalit

Hezi Margalit

The last few decades have witnessed dramatic changes in the conceptualization and methodologies of determining legal parentage in the U.S. and other countries in the western world. Through various sociological shifts, growing social openness and bio-medical innovations, the traditional definitions of family and parenthood have been dramatically transformed. This transformation has led to an acute and urgent need for legal and social frameworks to regulate the process of determining legal parentage. Moreover, instead of progressing in a piecemeal, ad-hoc manner, the framework for determining legal parentage should be comprehensive. Only a comprehensive solution will address the differing needs of ...


International Tax Cooperation, Taxpayers’ Rights And Bank Secrecy: Brazilian Difficulties To Fit Global Standards, Carlos Otávio Ferreira de Almeida 2015 Pontificia Universidade Catolica de Campinas

International Tax Cooperation, Taxpayers’ Rights And Bank Secrecy: Brazilian Difficulties To Fit Global Standards, Carlos Otávio Ferreira De Almeida

Carlos Otávio Ferreira de Almeida

This paper analyses the conflict between two constitutionally protected rights: privacy and transparency. The latter has been invoked increasingly often by international organizations committed to tackling harmful tax practices, and the former has been recognized as a crucial human right. In an interconnected world, domestic laws are not capable of countering cross-border tax evasion strategies, so that transparency has become one of the most important topics in international tax cooperation, but it is doubtful whether tax authorities can access banking data in order to obtain information to exchange. The judicial reserve clause upheld by the Brazilian Supreme Court represents a ...


Book Review: Nuclear Weapons And Law. Ed. Arthur Selwyn Miller And Martin Feinrider. Westport, Connecticut: Greenwood Press, 1984., Dorinda G. Dallmeyer 2015 University of Georgia School of Law

Book Review: Nuclear Weapons And Law. Ed. Arthur Selwyn Miller And Martin Feinrider. Westport, Connecticut: Greenwood Press, 1984., Dorinda G. Dallmeyer

Georgia Journal of International & Comparative Law

No abstract provided.


Peer-To-Peer File Sharing As User Rights Activism, Michael A. Gunn 2015 University of Western Ontario

Peer-To-Peer File Sharing As User Rights Activism, Michael A. Gunn

Western Journal of Legal Studies

The pre-digital marketplace is no longer sustainable. With the imposition of digital rights management restrictions on the distribution of media, the Internet cannot promote intellectual freedom. Peer-to-peer file sharing technology helps expose the work of artists and authors to a much wider audience than previously possible. This provides an opportunity for more sales and a greater number of successful artists and authors. Yet corporate copyright owners continue to propagate the “piracy” label to discredit the idea of open access channels. This paper argues that as information professionals, librarians are in a position to promote policy change that revolutionizes the political ...


Permissibility Of Colour And Racial Profiling, James Singh Gill 2015 Thompson Rivers University

Permissibility Of Colour And Racial Profiling, James Singh Gill

Western Journal of Legal Studies

Racial profiling in law enforcement is a contentious matter, particularly in light of U.S. police-citizen race tensions. The racial profiling debate has not been settled. Racial profiling proponents view it as a tool to effectively uncover criminal activity among certain racial groups. Critics find that racial profiling perpetuates racial stigmas and is largely inefficient as a policing tool. This article explores the ongoing debate and offers an overview of the Canadian judicial experience with racial profiling. The author proposes a middle-ground solution where racial profiling may be used under certain constraints imposed on law enforcement. The author suggests that ...


The Right To Read, Lea Shaver 2015 Indiana University - Robert H. McKinney School of Law

The Right To Read, Lea Shaver

Lea Shaver

Reading – for education and for pleasure – may be framed as a personal indulgence, a moral virtue, or even a civic duty. What are the implications of framing reading as a human right?

Although novel, the rights-based frame finds strong support in international human rights law. The right to read need not be defended as a “new” human right. Rather, it can be located at the intersection of more familiar guarantees. Well-established rights to education, science, culture, and freedom of expression, among others, provide the necessary normative support for recognizing a universal right to read as already implicit in international law ...


A Case For Canadian Pay Equity Reform, Sydney Kruth 2015 Western University

A Case For Canadian Pay Equity Reform, Sydney Kruth

Western Journal of Legal Studies

Pay equity must be separated from collective bargaining. An examination of the history of fair pay in unionized workplaces—and the current legal remedies available for pay discrimination—prove that the current strategies to remedy the significant gender pay gap are unsuccessful. Two significant issues hinder pay equity. Pay equity is still subject to collective bargaining in unionized workplaces. The Public Sector Equitable Compensation Act (PSECA) has undermined pay equity. The PSECA embodies the dangers of subjecting pay equity issues to collective bargaining. Canada is taking a regressive approach that disregards the importance of pay equity, despite the known benefits ...


Employing Disability: Deconstructing Insufficient Protections For "Non-Mainstream" Disabilities, Maia Abbas 2015 Western University

Employing Disability: Deconstructing Insufficient Protections For "Non-Mainstream" Disabilities, Maia Abbas

Western Journal of Legal Studies

This paper surveys leading and recent case law on disability with a specific focus on “non-mainstream” disabilities. Such disabilities are categorized according to the difficulty with which they can be medically diagnosed, their transient nature, and their fluctuations in severity. Jurisprudence on the duty to accommodate has been developed through what law professor Judith Mosoff classifies as “mainstream” disabilities. That is, disabilities that are better understood by employers and medical professionals, and to which the duty to accommodate more easily applies. In contrast, “non-mainstream” disabilities challenge the conventional understanding of the duty to accommodate. Standard accommodation practices do not necessarily ...


Digital Commons powered by bepress