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Human Rights In Global Health: Rights- Based Governance For A Globalizing World Edited By Benjamin M. Meier And Lawrence O. Gostin1, Regiane Garcia, Kristi Heather Kenyon 2020 School of Population and Public Health, University of British Columbia

Human Rights In Global Health: Rights- Based Governance For A Globalizing World Edited By Benjamin M. Meier And Lawrence O. Gostin1, Regiane Garcia, Kristi Heather Kenyon

Osgoode Hall Law Journal

THIS GROUNDBREAKING COMPILATION, edited by two scholars who helped to establish the “health and human rights” field, systematically explores the structures and processes of human rights implementation in global health institutions while arguing that a rights-based approach to health governance advances global health. The 640-page volume brings together forty-six experienced scholars and practitioners who have contributed to twenty-five chapters organized into six thematic sections. This “unprecedented collection of experts” provides unique, hands-on insights into how the “institutional determinants of the rights-based approach to health” facilitate—or hinder—the “mainstreaming” of human rights into global health interventions. The institutional determinants, which ...


Book Review: Irini Papanicolopulu, International Law And The Protection Of People At Sea (Oxford: Oxford University Press) 2018, Ramat Tobi Abudu 2020 University College, Cork, Ireland

Book Review: Irini Papanicolopulu, International Law And The Protection Of People At Sea (Oxford: Oxford University Press) 2018, Ramat Tobi Abudu

The Transnational Human Rights Review

No abstract provided.


Implementing Undrip In Canada: Any Role For Corporations?, Basil Ugochukwu 2020 Conestoga College Institute of Technology and Advanced Learning

Implementing Undrip In Canada: Any Role For Corporations?, Basil Ugochukwu

The Transnational Human Rights Review

The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) offers guidance on how the rights of indigenous populations could be protected in the context of member states of the United Nations. While the Declaration prescribes what states need to do to effectively realize its objective, question is whether there are expectations on non-state actors such as corporations to contribute towards attaining those objectives. Though on the one hand the UNDRIP is textually not directed at corporations, on the other hand, corporations are routinely implicated in environments where massive violations of indigenous rights have occurred in various regions of ...


Opening The Doors To Justice In Africa: Analyzing State Acceptance Of The Right Of Individual Application To The African Court On Human And Peoples' Rights, Simon Zschirnt 2020 Texas A&M International University

Opening The Doors To Justice In Africa: Analyzing State Acceptance Of The Right Of Individual Application To The African Court On Human And Peoples' Rights, Simon Zschirnt

The Transnational Human Rights Review

The African Court on Human and Peoples’ Rights took its place as the youngest of the three regional human rights courts with its establishment in 2006. However, the Court’s jurisdiction remains a work in progress. Thirty of the African Union’s fifty-five member states have ratified the protocol allowing the African Commission on Human and Peoples’ Rights to refer cases to the Court but only ten have made the optional declaration allowing individuals direct access. Previous research has indicated that transitional states desirous of “locking in” new commitments to democracy and human rights have been particularly likely to ratify ...


International Accountability In The Implementation Of The Right To Development And The “Wonderful Artificiality” Of Law: An African Perspective, Obiora C. Okafor, Uchechukwu Ngwaba 2020 Osgoode Hall Law School of York University

International Accountability In The Implementation Of The Right To Development And The “Wonderful Artificiality” Of Law: An African Perspective, Obiora C. Okafor, Uchechukwu Ngwaba

The Transnational Human Rights Review

The landscape for the implementation of the right to development has undergone significant transformative shifts with the recent establishment of a new expert mechanism on the right to development by the UN Human Rights Council, and the finalisation of a draft treaty on the right to development. Yet, much more can clearly still be done to strengthen UN, state and non-state actors thinking on accountability in the implementation of the right to development, to add to the already considerable progress that has taken place. Our paper explores what can be done, focusing on the African and international context. We conclude ...


Speak Up, Or Not: Lack Of Freedom Of Speech Protection In Vietnam, Its Global Impact, And Proposed Solutions For Adequate Remedies, H. Grant Doan 2020 University of Georgia School of Law

Speak Up, Or Not: Lack Of Freedom Of Speech Protection In Vietnam, Its Global Impact, And Proposed Solutions For Adequate Remedies, H. Grant Doan

Georgia Journal of International & Comparative Law

No abstract provided.


Refocusing To Revive: The Responsibility To Protect In International Atrocity Prevention, Sarah Frances Plunkett 2020 University of Georgia School of Law

Refocusing To Revive: The Responsibility To Protect In International Atrocity Prevention, Sarah Frances Plunkett

Georgia Journal of International & Comparative Law

No abstract provided.


“[Don’T] Give Me Your Tired, Your Poor...” A Study On The Trump Administration’S Unprecedented Reforms To The U.S. Refugee Admissions Program And Their Implications, Savannah Day 2020 University of Mississippi

“[Don’T] Give Me Your Tired, Your Poor...” A Study On The Trump Administration’S Unprecedented Reforms To The U.S. Refugee Admissions Program And Their Implications, Savannah Day

Honors Theses

From 2017 to 2020, the Trump administration cut United States refugee admissions tenfold. These reforms come unprecedented to the 40-year-old resettlement program (USRAP). By critically reviewing literature on this topic as well as conducting eight original interviews with five national nonprofits contracted by the Department of State to do refugee resettlement casework, this study sought to identify the implications of the Trump administration’s reforms to the program. Once implications were identified, I used the applied frameworks of program model as well as Michael Worth’s sociological and political science theories of American nonprofit-government relations to better inform and guide ...


The Honduran Exodus: Understanding The Migrant Crisis At The Southwest Border, Ashley Saul 2020 University of Miami Law School

The Honduran Exodus: Understanding The Migrant Crisis At The Southwest Border, Ashley Saul

University of Miami Inter-American Law Review

No abstract provided.


Child Marriage In The U.S.: Loopholes In State Marriage Laws Perpetuate Child Marriage, Sarah Ochieng 2020 University of Cincinnati College of Law

Child Marriage In The U.S.: Loopholes In State Marriage Laws Perpetuate Child Marriage, Sarah Ochieng

Immigration and Human Rights Law Review

The practice of child marriage is often discussed in the context of developing countries and many people find it unthinkable that child marriage also occurs in developed countries such as the United States of America. However, child marriage is a serious problem in the United States that affects thousands of children each year. This comment reviews the loopholes in state marriage laws. Part II considers the scope of child marriage as a human rights violation and the effects of child marriage. It also provides a background of the loopholes in state marriage laws, and a focus on the marriage laws ...


Rodriguez V. Swartz: Civil Lawsuit Immunity In Border Shootings, Alexis Woolison 2020 University of Cincinnati College of Law

Rodriguez V. Swartz: Civil Lawsuit Immunity In Border Shootings, Alexis Woolison

Immigration and Human Rights Law Review

When federal agents exhibit conduct that violates the United States Constitution, the Supreme Court has held that those agents should be held civilly liable for their actions, as shown by its decision in Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics. Applicable constitutional violations include those which infringe on any individuals’ constitutional rights. This includes violations of the constitutional rights of noncitizens. Although the Supreme Court disfavors expansion of Bivens claims and has only extended this remedy twice, in Davis v. Passman and Carlson v. Green, the Ninth Circuit Court recently approved such expansion in a ...


Grounds For Asylum: How Victims' Rights Laws Confer Particular Social Group Status To Domestic Violence Victims, Jordan Cotleur 2020 University of Cincinnati College of Law

Grounds For Asylum: How Victims' Rights Laws Confer Particular Social Group Status To Domestic Violence Victims, Jordan Cotleur

Immigration and Human Rights Law Review

Despite an uptake in legislation criminalizing domestic violence since the 1990’s, women in Latin America still face the highest rates of gender-based and domestic violence of any region in the world. In Central America, two-thirds of female homicide victims are killed because of their status as a woman (also known as “femicide”) and half of women face this fate at the hands of a current or former partner. The violence perpetuates at such an alarming rate because investigations into gender-based violence are nearly non-existent in the region. In 2016, it was reported that up to ninety-eight percent of cases ...


Cases Studied In Genocide Studies And Prevention And Journal Of Genocide Research And Implications For The Field Of Genocide Studies, Jeffrey Bachman 2020 American University

Cases Studied In Genocide Studies And Prevention And Journal Of Genocide Research And Implications For The Field Of Genocide Studies, Jeffrey Bachman

Genocide Studies and Prevention: An International Journal

The adoption of the Genocide Convention in 1948 was accompanied by the emergence of genocide as a field of study, first in the form of Holocaust Studies, followed by Genocide Studies, then Comparative Genocide Studies and, most recently, Critical Genocide Studies. Over the last 20-30 years, the field of genocide studies has greatly expanded. According to Alexander Hinton, “As the outlines of the field emerge more clearly, the time is right to engage in critical reflections about the state of the field.” This article seeks to enhance the field of genocide studies by answering Hinton’s call for reflective analysis ...


Responding To Victims Of Human Trafficking In The United States: A Review Of Treatment Providers, Morgan A. McBride 2020 University of Nebraska at Omaha

Responding To Victims Of Human Trafficking In The United States: A Review Of Treatment Providers, Morgan A. Mcbride

Theses/Capstones/Creative Projects

Scholars have made strides to illuminate the scope and nature of human trafficking, but there have been minimal efforts to inform responses to victims. Importantly, if we do not address the issues that made people vulnerable in the first place, then they could be susceptible to re-victimization in the future. It is vital then that treatment agencies are available and engaging in effective practices to maximize recovery efforts. Thus, the current study examined treatment providers in the United States in two stages to determine how they respond to victims of these crimes. In the first stage, a systematic literature review ...


Divided States Of America: Why The Right To Counsel Is Imperative For Migrant Children In Removal Proceedings, Catrina L. Guerrero 2020 St. Mary's University School of Law

Divided States Of America: Why The Right To Counsel Is Imperative For Migrant Children In Removal Proceedings, Catrina L. Guerrero

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming.


Not Your Average Summer Camp: Children In Immigration Detention, Cindy Izquierdo 2020 St. Mary's University School of Law

Not Your Average Summer Camp: Children In Immigration Detention, Cindy Izquierdo

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming.


Revisiting Immutability: Competing Frameworks For Adjudicating Asylum Claims Based On Membership In A Particular Social Group, Talia Shiff 2020 Harvard University

Revisiting Immutability: Competing Frameworks For Adjudicating Asylum Claims Based On Membership In A Particular Social Group, Talia Shiff

University of Michigan Journal of Law Reform

The Immigration and Nationality Act (INA) defines a refugee as any person who has a “well-founded fear of persecution on account of race, religion, nationality, membership of a particular social group or political opinion.” An emerging issue in U.S. asylum law is how to define the category “membership of a particular social group.” This question has become ever-more pressing in light of the fact that the majority of migrants seeking asylum at the U.S.-Mexico border are claiming persecution on account of their “membership in a particular social group.” The INA does not define the meaning of “particular ...


Asymmetries In Immigration Protection, Sabrineh Ardalan 2020 Brooklyn Law School

Asymmetries In Immigration Protection, Sabrineh Ardalan

Brooklyn Law Review

As increasing numbers of immigrants face deportation, a major asymmetry in existing immigration procedures requires attention. Individuals who are deported from the United States and attempt to reenter are afforded an opportunity to prove their fears of return to their home countries, whereas those with prior deportation orders who have remained in the United States are not. This difference is based on the false premise that the latter have already had their day in court and do not need an additional layer of screening. This article fills a critical gap in the existing scholarship, which has thus far failed to ...


Out Of Options: The Obstructions Hindering Victims Of Non-State Actor Violence Under Current Asylum Law, Kenneth D. Law Jr. 2020 Brooklyn Law School

Out Of Options: The Obstructions Hindering Victims Of Non-State Actor Violence Under Current Asylum Law, Kenneth D. Law Jr.

Brooklyn Law Review

Each year tens of thousands of immigrants head to the United States’ shores in the hope of achieving their version of the “American Dream.” This dream is now more elusive than it has ever been due to the Trump Administration’s attempts to limit legal migration by, to an extent, removing certain avenues of entry. Specifically, the Trump Administration severely hindered the ability of victims of domestic and gang violence to apply for one of the few forms of relief afforded to them: asylum. This note analyzes how decisions such as former Attorney General Jeff Sessions’ opinion in Matter of ...


To Protect Freedom Of Expression, Why Not Steal Victory From The Jaws Of Defeat?, Evelyn Mary Aswad 2020 University of Oklahoma College of Law

To Protect Freedom Of Expression, Why Not Steal Victory From The Jaws Of Defeat?, Evelyn Mary Aswad

Washington and Lee Law Review

Global social media platforms are grappling with whether to align their corporate speech codes with international human rights law. Facebook’s June 2019 report that summarized worldwide feedback about its proposed independent oversight board for content moderation noted a split in stakeholder opinions on this topic. The UN’s top expert on freedom of expression as well as many civil society members recommended that Facebook anchor its content moderation in the international human rights law regime. Others expressed concern that this legal regime would not be sufficiently protective of speech and contained inconsistencies that create problems for content moderation.

Those ...


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