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Re-Imagining The Scope Of Children’S Legal Protection During Armed Conflicts Under International Law, Anaise Muzima 2017 Western University

Re-Imagining The Scope Of Children’S Legal Protection During Armed Conflicts Under International Law, Anaise Muzima

Master of Laws Research Papers Repository

The debate on the issue of child soldiers in international law has been mainly framed around the narrow question of whether child soldiers should be prosecuted or deemed innocent victims. This question, while essential, marginalized several considerations related to the multidimensional and intersecting identities and roles of child soldiers. Few scholars have investigated and evidenced the major gaps related to the legal protection of child soldiers in international law. While recognizing the potential related to the analysis on child soldiers’ criminal liability, this research proposes to focus on the examination of their vulnerabilities and to explore the legal foundations for ...


El Derecho De Acceso A La Justicia Civil En Chile., Ricardo Lillo, Macarena Vargas 2017 Universidad Diego Portales

El Derecho De Acceso A La Justicia Civil En Chile., Ricardo Lillo, Macarena Vargas

Ricardo Lillo

El acceso a la justicia es un derecho fundamental que exige a los Estados garantizar que todos los ciudadanos que así lo requieran puedan recurrir al sistema de justicia y obtener una respuesta efectiva a una necesidad legal, normalmente asociada a la resolución de un conflicto o disputa de relevancia jurídica. Sin embargo, en nuestro país, por razones de diversa índole, una serie de asuntos de alta prevalencia entre la población, y que potencialmente no deberían representar mayor complejidad para el sistema, no logran ser conocidos por parte de la justicia ordinaria. Ello representa ...


A Deliberate Departure: Making Physician-Assisted Suicide Comfortable For Vulnerable Patients, Browne C. Lewis 2017 Cleveland-Marshall College of Law, Cleveland State University

A Deliberate Departure: Making Physician-Assisted Suicide Comfortable For Vulnerable Patients, Browne C. Lewis

Browne C Lewis

This Article is divided into four parts. Part I discusses the history and evolution of the "right to die movement" in the United States. The current legal landscape in the United States is examined in Part II. In Part III, I analyze some of the relevant ethical concerns caused by the availability of physician-assisted suicide. My analysis primarily focuses on the Oregon statutes because it is the oldest physician-assisted suicide law in the United States and has served as a model for laws in the United States and abroad. For example, Lord Falconer's Bill, which was defeated by the ...


Group Rights: A Defense, David Ingram 2017 Loyola University Chicago

Group Rights: A Defense, David Ingram

David Ingram

Human rights belong to individuals in virtue of their common humanity. Yet it is an important question whether human rights entail or comport with the possession of what I call group-specific rights (sometimes referred to as collective rights), or rights that individuals possess only because they belong to a particular group. The Universal Declaration of Human Rights (UDHR) says they do. Article 15 asserts the right to nationality, or citizenship. Unless one believes that the only citizenship compatible with a universal human rights regime is cosmopolitan citizenship in a world state – a conception of citizenship that is not countenanced by ...


Material Support Laws And Critical Race Theory, Nichole M. Pace 2017 University of Washington Tacoma

Material Support Laws And Critical Race Theory, Nichole M. Pace

Access*: Interdisciplinary Journal of Student Research and Scholarship

The paper examines terrorism designation and material support laws for structural racism using Critical Race Theory. Legislation concerning terrorist organizations continues to limit efforts of humanitarian organizations and refugee applicants. The impact of such legislation extends beyond the designated terrorist organizations to the communities and countries they inhabit. This article describes the legal statutes and issues related to terrorist designation and material support laws before defining Critical Race Theory. The article seeks to understand the structural racism involved in the defined statutes and procedures. Using Critical Race Theory, the article defines how material support laws and terrorist designation procedures are ...


The Pedagogical Needs Of Children And Adults Living In The Calais Jungle Refugee Camp: Existential Issues And Perspectives Of Volunteer Teachers And Workers, Theresa C. Bodon, Nancy K. Votteler 2017 Sam Houston State University

The Pedagogical Needs Of Children And Adults Living In The Calais Jungle Refugee Camp: Existential Issues And Perspectives Of Volunteer Teachers And Workers, Theresa C. Bodon, Nancy K. Votteler

FIRE: Forum for International Research in Education

This study aimed at examining the pedagogical needs and challenges of children and young adults living in a refugee camp in France known as the Calais Jungle. Through the researchers’ observations and interviews with volunteer teachers and workers at the camp, insights into their perspectives shed light on the pedagogical needs of refugees. Also, utilizing Paulo Freire’s philosophical stance, this study provides a contextual approach to the educational practices and ideological viewpoints represented within unregulated refugee camp settings.


Roundtable – Teaching Human Rights: Challenges And Best Practices, Shayna Plaut, Kristi Kenyon, Joel Pruce, William Simmons 2017 Simon Fraser University

Roundtable – Teaching Human Rights: Challenges And Best Practices, Shayna Plaut, Kristi Kenyon, Joel Pruce, William Simmons

Joel Pruce

Over the past 20 years, courses addressing human rights have grown dramatically at both the undergraduate and graduate levels worldwide. Many of these courses are housed in specific disciplines, focus on specific issues, and require practical experience in the form of internships/practicums. Amid this growth there is a need to reflect on teaching human rights including the challenges, fears, and best practices. Recognizing that education takes place inside and outside a classroom, this roundtable brings together scholars teaching human rights in a variety of settings to examine the current state of university human rights education. This includes a discussion ...


Research Offers Tough Love To Improve Human Rights Practices, Joel Pruce 2017 University of Dayton

Research Offers Tough Love To Improve Human Rights Practices, Joel Pruce

Joel Pruce

We know what it means to practice a skill such as juggling or dancing, but what does it mean to "practice" human rights? Contributions to OpenGlobalRights (OGR), since its inception, have gravitated around critique of human rights practices by focusing on advocacy and activism, cultivating debates that address the contemporary dilemmas facing human rights movements worldwide. The launch of OGR four years ago is a symptom of what I’ve referred to elsewhere as a “practice turn” in the scholarly field of human rights—one that takes human rights practice as its subject, forges space for scholar-practitioner collaboration and communication ...


Research Offers Tough Love To Improve Human Rights Practices, Joel Pruce 2017 University of Dayton

Research Offers Tough Love To Improve Human Rights Practices, Joel Pruce

Political Science Faculty Publications

We know what it means to practice a skill such as juggling or dancing, but what does it mean to "practice" human rights?

Contributions to OpenGlobalRights (OGR), since its inception, have gravitated around critique of human rights practices by focusing on advocacy and activism, cultivating debates that address the contemporary dilemmas facing human rights movements worldwide. The launch of OGR four years ago is a symptom of what I’ve referred to elsewhere as a “practice turn” in the scholarly field of human rights—one that takes human rights practice as its subject, forges space for scholar-practitioner collaboration and communication ...


Saving Lives, Shalini Bhargava Ray 2017 University of Alabama School of Law

Saving Lives, Shalini Bhargava Ray

Boston College Law Review

When Alan Kurdi, a Syrian toddler, drowned in the Mediterranean while fleeing civil war in his home country, the world’s attention turned to the Syrian refugee crisis. Offers to transport and house refugees surged. Private boats set out on the Mediterranean Sea to rescue refugees dying in the water. A billionaire offered to purchase an island on which the refugees could live out their lives. This Article analyzes private humanitarian aid to asylum seekers, a subset of migrants whose claims for refugee protection have not yet been filed or adjudicated, and who typically travel without authorization. This Article determines ...


The Evolution Of The European Union's Asylum Policy Through The 2015 Migrant Crisis, Roshni J. Sopariwalla 2017 University of California, Santa Barbara

The Evolution Of The European Union's Asylum Policy Through The 2015 Migrant Crisis, Roshni J. Sopariwalla

Claremont-UC Undergraduate Research Conference on the European Union

Since 2015, an unexpected number of migrants have rushed to the European Union in hopes of improving their lives. Contrary to their expectations, asylum-seekers realized that the EU is neither prepared nor willing to host them. This paper follows the progression of the EU’s asylum policies, beginning with the 1951 Geneva Convention and the principle of non-refoulement. After establishing the criteria necessary for a migrant to be legally recognized as a refugee, the paper will look at how the EU evaluates individual applications for asylum. Through the lens of the 2015 Migrant Crisis, this paper highlights the shortcomings of ...


Campus Misconduct Proceeding Outcome Notifications: A Title Ix, Clery Act, And Ferpa Compliance Blueprint, James T. Koebel 2017 University of North Carolina Wilmington

Campus Misconduct Proceeding Outcome Notifications: A Title Ix, Clery Act, And Ferpa Compliance Blueprint, James T. Koebel

Pace Law Review

This Article analyzes and attempts to bring order to the interaction of Title IX and OCR’s current guidance thereunder, the Clery Act and its recent Campus SaVE Act amendments, and FERPA when an institution provides a complainant, respondent, or member of the general public notice of the outcome of a misconduct proceeding for any offense defined under those laws. This Article is limited in scope and does not address all confidentiality issues that may arise during a postsecondary misconduct investigation or hearing, such as the disclosure of investigative reports. Part I briefly summarizes Title IX, the Clery Act, and ...


Introduction To The Vienna Declaration And Program Of Action Of Africans And African Descendants, Vernellia R. Randall 2017 Selected Works

Introduction To The Vienna Declaration And Program Of Action Of Africans And African Descendants, Vernellia R. Randall

Vernellia R. Randall

No abstract provided.


Femmes, Migration, Et Prostitution En Europe: Il N’Est Pas Question De “Travail De Sexe”, Anna Zobnina 2017 Réseau européen des femmes migrantes

Femmes, Migration, Et Prostitution En Europe: Il N’Est Pas Question De “Travail De Sexe”, Anna Zobnina

Dignity: A Journal on Sexual Exploitation and Violence

No abstract provided.


Address At The Lincoln Charter Of The Forest Conference, Bishop Grosseteste University: The Charter Of The Forest: Evolving Human Rights In Nature, Nicholas A. Robinson 2017 Elisabeth Haub School of Law at Pace University

Address At The Lincoln Charter Of The Forest Conference, Bishop Grosseteste University: The Charter Of The Forest: Evolving Human Rights In Nature, Nicholas A. Robinson

Pace Law Faculty Publications

This conference is a singular event, long over due. It has been 258 years since William Blackstone celebrated “these two sacred charters,”1 Carta de Foresta and Magna Carta, with his celebrated publication of their authentic texts. In 2015, the Great Charter of Liberties enjoyed scholarly, political and popular focus. The companion Forest Charter was and is too much neglected.2 I salute the American Bar Association, and Dan Magraw, for the ABA’s educational focus of the Forest Charter, as well as Magna Carta. Today we restore some balance with this conference’s searching and insightful examination of the ...


Need For Non-Discrimination Laws Protecting Lgbt People In Kentucky, Ellen Riggle 2017 University of Kentucky

Need For Non-Discrimination Laws Protecting Lgbt People In Kentucky, Ellen Riggle

Center for Equality and Social Justice Position Papers

Non-discrimination laws that include sexual orientation and gender identity provide protections for people who identify as lesbian, gay, bisexual, and transgender (LGBT). Further, inclusive non-discrimination laws signal a commitment to equality and fairness in the treatment of all individuals. However, statewide nondiscrimination laws in Kentucky do not include protections against discrimination based on sexual orientation or gender identity. This lack of protection creates risks for the unfair treatment of LGBT people in Kentucky.


The Path Of Most Resistance: Resisting Gang Recruitment As A Political Opinion In Central America’S Join-Or-Die Gang Culture, Ericka Welsh 2017 Pepperdine University

The Path Of Most Resistance: Resisting Gang Recruitment As A Political Opinion In Central America’S Join-Or-Die Gang Culture, Ericka Welsh

Pepperdine Law Review

In recent years, increasing numbers of asylum-seekers from Honduras, Guatemala, and El Salvador crossed into the United States, fleeing gang violence that has driven homicide rates to record levels. These countries, known collectively as the “Northern Triangle,” now make up one of the most violent regions in the world. Transcending petty crime, gangs control entire communities in the Northern Triangle where they operate as de facto governments beyond law enforcement’s control. Gangs practice forced recruitment in these communities, creating a join-or-die gang culture where resisting recruitment is tantamount to opposition. Opposition, in turn, is met with brutal retaliation. The ...


Human Rights Discourses In Nigeria Across Time: Trajectory, Successes And Potentials For Canadian-Nigerian Engagement, Solomon Ukhuegbe 2017 Osgoode Hall Law School of York University

Human Rights Discourses In Nigeria Across Time: Trajectory, Successes And Potentials For Canadian-Nigerian Engagement, Solomon Ukhuegbe

The Transnational Human Rights Review

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Canada has, for decades, been actively involved in funding and providing support for the development of legal and political institutions and rights advocacy activities in Nigeria. A careful documentation and assessment of this support will likely show that its impact has been significant and perhaps critical in some areas. This article, however, considers a different form of engagement, or rather, a possible engagement. Although Canada’s human rights jurisprudence, especially the Charter of Rights case law, is highly regarded the world over, its influence on Nigerian courts has been limited. Yet, there is a great opportunity for meaningful engagement here ...


Introduction, Obiora Chinedu Okafor 2017 Osgoode Hall Law School of York University

Introduction, Obiora Chinedu Okafor

The Transnational Human Rights Review

No abstract provided.


Background: Towards A Critical Assessment Of Canadian-Nigerian Bilateral Relations, Olabisi Akinkugbe 2017 Osgoode Hall Law School of York University

Background: Towards A Critical Assessment Of Canadian-Nigerian Bilateral Relations, Olabisi Akinkugbe

The Transnational Human Rights Review

Although the diplomatic relations between Canada and Nigeria is almost six decades old, the nature of this bilateral relationship has not been the subject of rigorous academic research. While a recent body of research by international relations scholars has taken up the broad critical study of Canadian-African relations, a significant gap exists with respect to studies that focus on the context of Canada’s engagement with individual African countries. Against this background, this paper briefly examines the bilateral trade and investment engagements between Nigeria and Canada. The modest aim is to highlight the existing framework that guides the relations of ...


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