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Private And Family Life, Gender Equality And Social Security Under The European Convention On Human Rights - Di Trizio V Switzerland, Mel Cousins 2017 Trinity College Dublin

Private And Family Life, Gender Equality And Social Security Under The European Convention On Human Rights - Di Trizio V Switzerland, Mel Cousins

Mel Cousins

This note examines the recent Di Trizio ruling by the European Court of Human Rights. The case, first, involves the scope of Article 8 of the Convention as it concerns social security schemes. The Court by a narrow majority held that the claim fell within the scope of Article 8 but, it is submitted that the approach of the dissenting judges was a better reading of the Convention.  However, a panel of the Grand Chamber has rejected a State request to refer the matter to the Grand Chamber.[1] Second, the case involves a rather complicated gender equality claim concerning ...


Sovereignty And Social Change In The Wake Of India’S Recent Sodomy Cases, Deepa Das Acevedo 2017 University of Pennsylvania Law School

Sovereignty And Social Change In The Wake Of India’S Recent Sodomy Cases, Deepa Das Acevedo

Boston College International and Comparative Law Review

American constitutional law scholars have long questioned whether courts can truly drive social reform, and this uncertainty remains even in the wake of recent landmark decisions affecting the LGBT community. In contrast, court watchers in India—spurred by developments in a special type of legal action developed in the late 1970s known as public interest litigation (PIL)—have only recently begun to question the judiciary’s ability to promote progressive social change. Indian scholarship on this point has veered between despair that PIL cases no longer reliably produce good outcomes for India’s most disadvantaged and optimism that public interest ...


Integrating Indigenous Rights Into Multilateral Environmental Agreements: The International Whaling Commission And Aboriginal Subsistence Whaling, Chris Wold 2017 Lewis & Clark Law School

Integrating Indigenous Rights Into Multilateral Environmental Agreements: The International Whaling Commission And Aboriginal Subsistence Whaling, Chris Wold

Boston College International and Comparative Law Review

Although the international community has addressed whether environmental harm violates human rights norms, only recently has it asked whether international organizations must implement those norms. That changed when Greenland posited that the International Whaling Commission (IWC) has a duty to implement aboriginal subsistence whaling (ASW) in light of customary international human rights norms, including the rights to cultural identity and resources. This article explains why international organizations have an obligation to implement customary international human rights law. Implementation, however, may be challenging because the content of some rights is not clear. In addition, these rights are not absolute. Actions may ...


Human Rights In America, Walter F. Mondale 2017 St. John's University School of Law

Human Rights In America, Walter F. Mondale

The Catholic Lawyer

No abstract provided.


Prioritizing National Security At The Expense Of Refugee Rights: The Effects Of H.T. V. Land Baden-Württenberg, Thomas F. Lampert 2017 Boston College Law School

Prioritizing National Security At The Expense Of Refugee Rights: The Effects Of H.T. V. Land Baden-Württenberg, Thomas F. Lampert

Boston College International and Comparative Law Review

Tensions are high in member states of the European Union as they struggle to accommodate a record number of refugees while simultaneously confronting seemingly regular terrorist attacks. In response to this crisis, the European Court of Justice’s decision in H.T. v. Land Baden-Württenberg continued a trend that began after September 11, 2001, in which countries implement policies that diminish and threaten the rights of refugees. Specifically, the European Court of Justice ruled that legislation governing the distribution of residence permits to refugees impliedly allowed for the revocation of a residence permit from a refugee accused of terrorist activities ...


O'Keeffe V. Ireland: The State's Obligation To Protect Children From Sexual Assault In State Schools, Heekyoung Lee 2017 Boston College Law School

O'Keeffe V. Ireland: The State's Obligation To Protect Children From Sexual Assault In State Schools, Heekyoung Lee

Boston College International and Comparative Law Review

Ireland’s unique primary education system creates a national school system that is denominational, yet state-financed. The Irish government defers managerial duties to the Catholic Church, and this deference of duties relieves Ireland from liability. As a result, students in Ireland attending primary schools historically were not guaranteed legal protection from sexual assaults committed by faculty members. On January 28, 2014, the Grand Chamber of the European Court of Human Rights held in O’Keeffe v. Ireland that despite Ireland’s delegation of authority to religious denominations, the State was obligated to protect students from sexual assaults. The court reasoned ...


The Evolution Of Pattern Of Criminalizing The Unknown Crime Of Rape In Global Scale, Sahar Jalili 2017 Pennsylvania State University, Dickinson School of Law, Penn State Law

The Evolution Of Pattern Of Criminalizing The Unknown Crime Of Rape In Global Scale, Sahar Jalili

SJD Dissertations

Rape is a crime globally condemned, yet it's one of the most controversial crimes at the time. What this research did was to gather the information of countries' rape laws in their penal codes from all over the world and create a pattern of how countries on a global scale criminalize rape and how far they have changed in the past century. The goal was to produce a rape criminalization map of the world to show which elements are playing the main factors and which factors are missing, how close countries define rape and how different their reactions are ...


Child Brides, Brydon Koch, Alexis Steffanni, Carly Catalanello, Michelle Gamberdella 2017 Cedarville University

Child Brides, Brydon Koch, Alexis Steffanni, Carly Catalanello, Michelle Gamberdella

The Research and Scholarship Symposium

The goal of this presentation is to take a look into the human rights violation of child marriage happening in countries all over the world. For the purpose of this presentation, we will focus on four countries where child marriages are extremely prevalent: India, Niger, Bangladesh, and Yemen. First, we will begin with a brief history and background of child brides and statistics related to this population. Second, we will discuss the four countries (as stated above) where this is a major problem, and why the rates of child brides are especially high within each country. Third, we will consider ...


Barriers To Housing Equality For The Lgbt Community: A Literature Review, Carissa Lavin 2017 Georgia State University

Barriers To Housing Equality For The Lgbt Community: A Literature Review, Carissa Lavin

Georgia State Undergraduate Research Conference

No abstract provided.


Willful Blindness Or Deliberate Indifference: The United States' Abdication Of Legal Responsibility To Refugees, Abed A. Ayoub, Yolanda C. Rondon 2017 Barry University School of Law

Willful Blindness Or Deliberate Indifference: The United States' Abdication Of Legal Responsibility To Refugees, Abed A. Ayoub, Yolanda C. Rondon

Barry Law Review

No abstract provided.


Undocumented: How Immigration Became Illegal By Aviva Chomsky, Lisa Y. Wang 2017 Yale Law School

Undocumented: How Immigration Became Illegal By Aviva Chomsky, Lisa Y. Wang

Yale Human Rights and Development Journal

Trainloads of Mexican laborers imported daily by American railroad capitalists, backed by the might of Congress . . . Sal, an Arizona high school graduate who was brought to the United States by his parents at the age of three, deported for the crime of jaywalking . . . Social workers at the border identifying migrants by their lack of shoelaces, anticipating that the Department of Homeland Security will have removed such suicide hazards. . . A deported Guatemalan woman's parental rights over her infant son terminated swiftly and obscurely, based on a tenuous legal theory of "effective abandonment" . . . A perverse and
unconcealed alliance between the private ...


The Experience Of Face Veil Wearers In Europe And The Law Edited By Eva Brems, Diana Li, Jacqueline Van De Velde 2017 Yale Law School

The Experience Of Face Veil Wearers In Europe And The Law Edited By Eva Brems, Diana Li, Jacqueline Van De Velde

Yale Human Rights and Development Journal

The Experience of Face Veil Wearers in Europe and the Law, edited by Eva
Brems, positions itself in the midst of a political, cultural, and intimately personal debate enveloping Europe over what is colloquially known as the "burqa ban." Since 2010, Belgium, France, and select regions of the Netherlands, Italy, and Spain have adopted laws prohibiting citizens from covering their faces with "disguises," "masks," and "costumes." Ostensibly, such bans are to
protect the rights of all citizens and improve national security; in practice, they function to prevent practicing Muslim women from wearing garments such as the niqab. Brems takes care ...


Speeding Up Sexual Assault Trials: A Constructive Critique Of India's Fast-Track Courts, Vandana Peterson 2017 University of Michigan Law School

Speeding Up Sexual Assault Trials: A Constructive Critique Of India's Fast-Track Courts, Vandana Peterson

Yale Human Rights and Development Journal

India has a strong tradition of judicial activism for social change and comprehensive laws designed to combat sexual violence against women.
Yet such crime has significantly escalated. In December 2012, a widely publicized assault occurred in Delhi. The victim's death triggered a frantic response from many quarters including legal scholars, religious leaders, global media, and government officials. The central government undertook a comprehensive review of existing mechanisms to deter future crimes against women. Its findings led to the creation or designation of "fasttrack" courts to adjudicate cases involving sexual crime against women.


Denial Of Justice: The Latest Indigenous Land Disputes Before The European Court Of Human Rights And The Need For An Expansive Interpretation Of Protocol 1, Giovanna Gismondi 2017 Georgetown University Law Center

Denial Of Justice: The Latest Indigenous Land Disputes Before The European Court Of Human Rights And The Need For An Expansive Interpretation Of Protocol 1, Giovanna Gismondi

Yale Human Rights and Development Journal

In its three latest decisions on indigenous land rights, the European Court of Human Rights (ECtHR) has afforded scant protection to indigenous peoples. Through an analysis of each case in terms of substantive and procedural law, this Article evaluates the challenges indigenous peoples face when pursuing their claims before the Court. I argue that the European Court's narrow interpretation of the "right to peaceful enjoyment of possessions" codified in Protocol 1 (Article 1) of the European Convention on Human Rights (ECHR) has failed to consider the importance of collective lands in securing the cultural survival of indigenous peoples, their ...


California Propositions 62 & 66 As Misguided Models For The Capital Punishment Debate: The Argument For The Inclusion Of Catholic Social Teaching And Other Religious Denominations In The Discussion And A Proposed Solution, Cornelius V. Loughery 2017 Notre Dame Law School

California Propositions 62 & 66 As Misguided Models For The Capital Punishment Debate: The Argument For The Inclusion Of Catholic Social Teaching And Other Religious Denominations In The Discussion And A Proposed Solution, Cornelius V. Loughery

Journal of Legislation

No abstract provided.


Thick Law, Thin Justice, Patrick Macklem 2017 University of Toronto

Thick Law, Thin Justice, Patrick Macklem

Michigan Law Review

Review of The Thin Justice of International Law: A Moral Reckoning of the Law of Nations by Steven R. Ratner.


Twenty Reasons To Publish In Dignity, Donna M. Hughes 2017 University of Rhode Island

Twenty Reasons To Publish In Dignity, Donna M. Hughes

Dignity: A Journal on Sexual Exploitation and Violence

No abstract provided.


Response To The Influence Of Exile: Three Stories, Bill Quigley 2017 University of Maryland Francis King Carey School of Law

Response To The Influence Of Exile: Three Stories, Bill Quigley

Endnotes

When I read Professor Sara Rankin’s article, The Influence of Exile,[I was reminded of three recent stories of how law, government, and business worked together to try to exile the homeless in our community. Though all parties continuously profess to be concerned only with the well-being of homeless people themselves, the laws transparently marginalize them. Though the following three stories about the impact of these laws are local to New Orleans, Louisiana, I am absolutely sure there are similar stories of similar happenings in most communities across the nation.

Professor Rankin’s article examines the very big picture ...


Regional Institutions Assuring The Development Of Fundamental Liberties: The American Hemisphere, John L. A. de Passalacqua 2017 St. John's University School of Law

Regional Institutions Assuring The Development Of Fundamental Liberties: The American Hemisphere, John L. A. De Passalacqua

The Catholic Lawyer

No abstract provided.


The Updated Commentary On The First Geneva Convention – A New Tool For Generating Respect For International Humanitarian Law, Lindsey Cameron, Bruno Demeyere, Jean-Marie Henckaerts, Eve La Haye, Heike Niebergall-Lackner 2017 International Committee of the Red Cross

The Updated Commentary On The First Geneva Convention – A New Tool For Generating Respect For International Humanitarian Law, Lindsey Cameron, Bruno Demeyere, Jean-Marie Henckaerts, Eve La Haye, Heike Niebergall-Lackner

International Law Studies

Since their publication in the 1950s and the 1980s respectively, the Commentaries on the Geneva Conventions of 1949 and their Additional Protocols of 1977 have become a major reference for the application and interpretation of these treaties. The International Committee of the Red Cross (ICRC), together with a team of renowned experts, is currently updating these Commentaries in order to document developments and provide up-to-date interpretations. The work on the first updated Commentary, the Commentary on the First Geneva Convention relating to the protection of the wounded and sick in the armed forces, has already been finalized. This article provides ...


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