Digital Commons Network^™

Deadly Journeys: Climate Change, U.S. Border Enforcement, And Human Rights, Julia Neusner

Case Western Reserve Journal of International Law

Extreme weather events and slow onset disasters, exacerbated by climate change, are increasingly driving global displacement. As displaced people seek cross-border protection in unprecedented numbers, the United States has responded by tightening border controls and restricting asylum access. These policies have exposed migrants and asylum seekers in transit to greater risks of injury and death due to the impacts of climate change and climate-related disasters. Drawing on legal analysis, historical context, and firsthand interviews with people seeking U.S. asylum, this Article examines the implications of U.S. policies that limit freedom of movement and asylum access. The Article raises critical legal …

A Queer Series Of Events: A Comparative Examination Of Same-Sex Marriage Legalization, Michael Shea

Political Science Dissertations

As of 2020, same-sex marriage has been legalized at the national level in 28 countries. This dissertation examines the factors that make legalization of same-sex marriage (same-sex marriage) more likely. Using quantitative analysis and a customized index, The Rainbow Index, to capture overall country friendliness towards LGB equality, this dissertation shows that a combination of secular and emancipative values, a high degree of LGB mobilization capacity, and opportunities for transnational advocacy networks to connect with and support local activists make legalization more likely. Furthermore, this combination of variables, which together represent a country’s friendliness to LGB equality, is more predictive …

Health Through A Human Right Lens At The Us-Mexico Border: Increasing Access To Healthcare For Central American Immigrants, Carolina Venturi, Diana Guízar-Sánchez, María Elena Ramos-Tovar, Melissa Torres, Flor D. Avellaneda, Luis R. Torres-Hostos, Omar Matuk-Villazon

School of Social Work Faculty Publications and Presentations

The number of immigrants seeking entry into the U.S. through asylum requests or through irregular means is increasing, and most come from the Northern Triangle of El Salvador, Guatemala, and Honduras. Immigrants come fleeing extreme poverty, violence, health and social inequities, and drastic climate changes. Most had limited access to healthcare at home, and even more limited care along the journey. Those that are allowed entry into the U.S., are confronted with feeling unwelcome in many communities, having to navigate an array of local, state, and federal laws that regulate access to healthcare. We need immigration policies that preserve the …

Women, Peace, And Security: A Human Rights Agenda?, Christine M. Chinkin

Book Chapters

The Women, Peace and Security (WPS) agenda emanates from the ground-breaking Security Council Resolution 1325 (2000) which centres upon bringing women’s experiences of armed conflict into decision and policymaking in the exercise of the Council’s primary responsibility for the maintenance of international peace and security. The chapter asks whether, despite its location within the Security Council, WPS can be understood as an international human rights agenda as envisaged by women activists who lobbied for the adoption of Resolution 1325. It traces the antecedents of WPS through women’s peace and human rights activism throughout the twentieth century. It examines the texts …

Justice For Venezuela: The Human Rights Violations That Are Isolating An Entire Country, Andrea Matos

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

Abstract forthcoming.

A Human Rights Crisis Under Our Roof, Aglae Eufracio

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

Abstract forthcoming.

Towards A Governance Model Of Ungovernable Prisons: How Recognition Of Inmate Organizations, Dialogue, And Mutual Respect Can Transform Violent Prisons In Latin America, José Luis Pérez Guadalupe, James Cavallaro, Lucia Nuñovero

Catholic University Law Review

Study of informal organizations in prisons in Latin America focuses on the exercise of control over daily life inside detention centers, including the extreme example of ‘self-government’ of and by those incarcerated. In Latin America, self-government occurs in the dangerous context of severe overcrowding, limited resources and poor services, aggravated by high levels of violence and illicit markets within prisons. The combination is highly volatile and poses grave dangers to the lives and wellbeing of detainees, authorities and often the larger society beyond prisons. This article considers one pioneering effort to overcome the unfettered control of prison by detainees: the …

From Rulay To Rules: Perceptions Of Prison Life And Reforms In The Dominican Republic’S Traditional And New Prisons, Jennifer Peirce

Dissertations, Theses, and Capstone Projects

This project explores the implementation of reforms to the prison system in the Dominican Republic, with an emphasis on how incarcerated people perceive their conditions and daily life in confinement. In 2003, the Dominican Republic established a New Prison Management Model, focused on international human rights standards and rehabilitation. This model now manages over half of the prison facilities and a third of the incarcerated population, while the previous, “traditional” model continues to operate in tandem. The “new” and reformed facilities (Centers for Correction and Rehabilitation) feature new buildings, programs, and correctional officer staff with multi-disciplinary training. In contrast, the …

The Inter-American Human Rights System In The Context Of Migration: Us Immigration Policies, Maira E. Delgado Laurens

Master's Theses

International human rights laws are critical to ensuring a minimum protection level for those migrating to other nations across the globe. Despite intense efforts by the United States to sidestep such policies while misrepresenting their repeated violations of human rights now taking place at the U.S.-Mexico border, these policies remain in full force in the global governance community. The actions of the Trump administration and others clearly indicate the need for political intervention to ensure such rights are maintained. Using qualitative content analysis and participatory observation, this article reviews the effectiveness of thematic hearings, under the Inter-American Commission on Human …

Border Solutions From The Inside, Raquel E. Aldana

University of Miami Race & Social Justice Law Review

No abstract provided.

Human Rights And Transnational Organized Crime, Robert Currie, Sarah Douglas

Articles, Book Chapters, & Popular Press

This chapter will scrutinize the points at which these two legal regimes intersect with and infuse each other. It will proceed in three sections. The first section will provide a brief overview of the international human rights law system, specifically tailored to ground the following parts. The second section will examine the means by which protection is given to the human rights of individuals who are targeted for criminal investigation and prosecution as a result of their alleged involvement in TOC (referred to for efficiency as “accused persons” or “the accused”). It will first briefly explain the means by which …

Human Dignity Has No Borders: Respecting The Rights Of "People On The Move" And The Rights And Religious Freedom Of Those Who Aid Them, Christine Venter

Journal Articles

This Article argues that states must desist from and be held accountable for the ongoing practices of denying refugees due process and denying humanitarian groups the rights to freely associate and freely exercise their religion in assisting refugees.

Hasta Que Haya Justicia: Responses To The 2014 Forced Disappearance Of The Students Of Ayotzinapa, Mexico, Olivia Mozdzierz

Senior Projects Fall 2020

This paper examines responses to the 2014 forced disappearance of 43 university students from Ayotzinapa, Guerrero by Mexican authorities and criminals working together, for reasons that remain unknown. Rather than accept the losses as yet another consequence of official corruption and impunity, Mexican civil society rebelled. The people sustained protests, enlisted the support of international organizations, and exposed the government’s crimes and attempted cover-up. This study concludes that, despite the failure in the following years to locate the missing and bring the perpetrators to justice, the victims’ families and their allies demonstrated their power to hold the government to account …

The Impact Of Climate Change On Cultural Security, Dominika Krupocin, Jesse Krupocin

Journal of Strategic Security

Climate change is one of the greatest challenges and most pressing issues faced by humanity in the modern era. Extreme weather events, changes to world ecosystems, species extinction, disruption of animal and human migration, resource shortages, socio-economic concerns, outbreaks and pandemics, as well as domestic and international conflicts represent only a few select potential climate change consequences. Regrettably, when considering the issues pertinent to climate change, one of the oft-overlooked areas is cultural security. Rising sea levels will lead to some of the world’s islands and coastal cities essentially being erased from Earth, resulting in the destruction, and possibly even …

Borders Rules, Beth A. Simmons

All Faculty Scholarship

International political borders have historically performed one overriding function: the delimitation of a state’s territorial jurisdiction, but today they are sites of intense security scrutiny and law enforcement. Traditionally they were created to secure peace through territorial independence of political units. Today borders face new pressures from heightened human mobility, economic interdependence (legal and illicit), and perceived challenges from a host of nonstate threats. Research has only begun to reveal what some of these changes mean for the governance of interstate borders. The problems surrounding international borders today go well-beyond traditional delineation and delimitation. These problems call for active forms …

“You Could See Rage”: Visual Testimony In Post-Genocide Guatemala, Lacey M. Schauwecker

Genocide Studies and Prevention: An International Journal

Since the Guatemalan genocide against Maya populations (1981-1983), domestic and international human rights groups have organized truth commissions, forensic exhumations, and legal cases. These efforts to secure justice have achieved minimal success, prompting a reconsideration of the relationship among narrative testimony, visual testimony, and institutional standards of truth. Engaging the ideas of visual studies scholar, Nicholas Mirzoeff, I argue for the political importance of testimony that is critical of such standards, including those enforced by human rights’ legal paradigm. Following Mirzoeff’s understandings of “visuality” and “countervisuality,” I analyze “visual testimony” as that which acknowledges the dynamic interplay between word and …

Navigating Risks Across Borders: The Lived Experiences Of Central American Women Migrants, Carla Angulo-Pasel

Theses and Dissertations (Comprehensive)

The journey for ‘unauthorized’ migrant women from the Northern Triangle of Central America (NTCA) through Mexico dangerous and violent. In hopes of achieving safe passage to the United States (U.S.), women migrants will have to navigate borders. In this dissertation, I use the concept of borders to reveal the gendered experiences of (im)mobility. I argue that navigating borders throughout the migratory journey is not simply about experiencing the risks and vulnerabilities associated with restrictive border enforcement policies and practices implemented by the nation-state. (Im)mobility for women migrants is equally about the boundaries and/or barriers that are created by oppressive systems …

Drug Violence And Public (In)Security: Mexico's Federal Police And Human Rights Abuse, Dominic Pera

Undergraduate Honors Theses

Violence in Mexico, with dramatic political, social, and economic consequences on both Mexican and US populations, has risen dramatically in the past decade. Research has shown that the Mexican military is largely responsible for human rights abuses in Mexico. This paper will seek to answer why there are so many human rights abuses committed by the Federal Police, as public security is a police role and its deterioration threatens lives, security, and the rule of law. This paper will look at what scholars have said about the causes of police violence and public insecurity. Some say that history is responsible, …

Post-Conflict Justice In The Aftermath Of Modern Slavery, Roy L. Brooks

Roy L. Brooks

Abstract

Modern slavery is defined as human exploitation over a period of time effectuated through coercion, fraud or trickery. An estimated 12.3 million people worldwide are held in some form of modern slavery, including forced labor, bonded labor, forced child labor, and sexual servitude. Children and women bear the brunt of modern slavery. Divided into three stages—trafficking, exploitation, and post-conflict—modern slavery has attracted much scholarly interest in recent years. However, relatively little scholarly attention has been given to the post-conflict stage. This article attempts to initiate such discussion by drawing upon the reparative framework crafted in the years since the …

Human Tracking Technology In Mutual Legal Assistance And Police Inter-State Cooperation In International Crimes, Katina Michael, G. L. Rose

Professor Gregory Rose

The objective of this paper is to explore the role of human tracking technology, primarily the use of global positioning systems (GPS) in locating individuals for the purposes of mutual legal assistance (MLA), and providing location intelligence for use in inter-state police cooperation within the context of transnational crime. GPS allows for the 24/7 continuous real-time tracking of an individual, and is considered manifold more powerful than the traditional visual surveillance often exercised by the police. As the use of GPS for human tracking grows in the law enforcement sector, federal and state laws in many countries are to a …

Implications Of Child Abduction For Human Rights And Child Welfare Systems: A Constructivist Inquiry Of The Lived Experience Of Guatemalan Mothers Publically Reporting Child Abduction For Intercountry Adoption, Carmen Monico

Theses and Dissertations

The Hague Convention on the Protection of Children and Co-operation in Respect of Intercountry Adoption was agreed upon in 1993 at the Hague Conference on Private International Law to address growing allegations of abduction, sale, and trafficking of children around the world. The Hague Convention guides countries to attend to the “best interest of the child” in making decisions on intercountry adoptions, and to apply the “principle of subsidiarity,” which calls for the consideration of family and kinship placement and national adoption prior to the consideration of intercountry adoption. This dissertation research focused on the experience of Guatemalan mothers reporting …

Federal Government Investigating Mining Companies In Coahuila For Collusion With Zetas Cartel, Carlos Navarro

NotiEn: An Analytical Digest About Energy Issues in Latin America

This article discusses accusations of alleged collusion between the Zetas Cartel and mining companies located in Coahuila, Mexico. The Mexican federal government is looking into the involvement of the Federal Electricity Commission, which may have served as a money laundering entity. The article also details some of the human rights abuses that may have taken place in the mines under the control of the Zetas, and examines the presence of organized crime in the Mexican economy.

Nuevo Leã³N Reporter Becomes First Journalist To Die From Drug Violence In 2012; Journalist Organizations Reiterate Demands For Safety, Carlos Navarro

SourceMex

No abstract provided.

The Challenges Of State Building In Resource Rich Nations, Matthew L. Norman

Northwestern Journal of Human Rights

Nations rich in primary commodities, whether minerals, timber, or fossil fuels, have experienced sharply divergent outcomes: where strong state institutions developed prior to large-scale resource exploitation, resource wealth has generally been beneficial; where, however, resource exploitation preceded the formation of a functional state, the results have been negative on average, and in some cases disastrous. The combination of a weak state and primary commodity exports has been shown to reduce economic growth, erode governance, and increase the risk of civil wara stylized fact that has come to be known as the "resource curse." The international community's efforts to address the …

From “Iron Fist” Policies To Comprehensive Social Intervention, Claudia Heiss

Human Rights & Human Welfare

The latest effort by Brazilian authorities to control crime in Rio's favelas confronts us with several complex questions regarding democracy, the rule of law, and civil-military relations, not only in this case, but throughout Latin America. What conclusions can we derive from the military and police interventions in Rio about the state of affairs of these third-wave democracies?

Mexico's False Dilemma: Human Rights Or Security , Laura Carlsen

Northwestern Journal of Human Rights

Mexico is currently confronting a human rights crisis. Headlines document the overt violence that has claimed more than 50,000 lives since December 11, 2006 when President Felipe Calderón launched the war on drugs. Yet beneath the bloodshed, the erosion of the rule of law and the systematic violation of human rights in the context of the armed conflict caused by the drug war has created a more profound crisis in Mexican society, one whose causes and effects are not only ill-defined but often purposely obscured.

Elusive Empowerment: Compensating The Sex Trafficked Person Under The Trafficking Victims Protection Act, Theodore R. Sangalis

Fordham Law Review

Globally, hundreds of thousands-perhaps millions-are being forced or coerced into commercial sex acts. In the United States, this sex trafficking problem has become a lucrative illegal industry, and it is quickly growing. In response, Congress passed the Trafficking Victims Protection Act of 2000 (TVPA) to eradicate the industry by prosecuting the perpetrators, protecting the victims, and preventing the practice. Through several reauthorizations, one federal strategy that has emerged is compensating the victims through mandatory criminal restitution and civil remedies. Collection of restitution damages has been lacking, however, and no civil suit filed for sex trafficking survivors has reached the merits. …

Veracruz Reporter Becomes Fifth Journalist Killed In Mexico In 2011, Carlos Navarro

SourceMex

No abstract provided.

Supreme Court Rules That Civilian Courts Must Have Jurisdiction In Cases Involving Military Violations Of Human Rights, Carlos Navarro

SourceMex

No abstract provided.

Public Protest Pushes Mexican Radio Station To Reinstate Prominent Journalist, Lindajoy Fenley

SourceMex

No abstract provided.