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One Of Many: The Power Of Publication In The Human Rights Regime, Amanda Lorenzo Jan 2023

One Of Many: The Power Of Publication In The Human Rights Regime, Amanda Lorenzo

Human Rights Brief

On September 19, 2011, the High Court of Tanzania found Ghati Mwita guilty of murder for a February 4, 2008 homicide, sentencing her to hang pursuant to Tanzania’s mandatory death sentence. The domestic Court of Appeal sitting at Mwanza dismissed Mwita’s appeal on March 11, 2013 and rejected her application for review on that decision on March 19, 2015. Mwita then brought the case to the African Court of Human Rights (the Court) alleging that the conviction and sentencing procedures violated her fundamental rights under the Banjul Charter (the Charter).


Ecthr Halts Forced Deportation Of Uyghur Couple Seeking Asylum In Malta: Latest In A Series Of Breaches Of European Convention On Human Rights, Tesa Hargis Jan 2023

Ecthr Halts Forced Deportation Of Uyghur Couple Seeking Asylum In Malta: Latest In A Series Of Breaches Of European Convention On Human Rights, Tesa Hargis

Human Rights Brief

On January 16, 2023, the European Court of Human Rights (ECtHR) ordered Malta to halt the process of forcibly removing a Uyghur couple, A.B. and Y.M., seeking asylum. The couple, who are Chinese nationals of Uyghur ethnicity and Muslim faith, arrived in Malta in 2016; the rejection of their initial application in 2017 forced them to live in hiding for years. Prior to bringing their case to the ECtHR, the Uyghur couple had been detained at the Safi Barracks and were facing immediate deportation to China.


Religious Discrimination And Violation Of Property Rights In Turkey, Andre Taylor Jan 2023

Religious Discrimination And Violation Of Property Rights In Turkey, Andre Taylor

Human Rights Brief

In 2022, the European Court of Human Rights (ECtHR) provided a ruling in an application against Turkey by the Foundation of the Taksiarhis Greek Orthodox Church. The Turkish government was held to have committed religious discrimination against its Greek Orthodox community by rejecting an application to register a historic church without a valid explanation. The Turkish High Court decided to register the disputed property in the name of the Public Treasury rather than grant ownership of the property outright to the Church. The Istanbul Administrative Court had repeatedly dismissed the Church’s appeals on the basis that the conditions listed in …


Movement Lawyering: Rebuilding Community Power & Decentering Law, Sami Schramm, Naima Muminiy, Madison Sharp, Angela Altieri, Thea Cabrera Montejo Jan 2023

Movement Lawyering: Rebuilding Community Power & Decentering Law, Sami Schramm, Naima Muminiy, Madison Sharp, Angela Altieri, Thea Cabrera Montejo

Human Rights Brief

On Thursday, February 16, 2023, the Human Rights Brief held its annual symposium entitled Movement Lawyering: Rebuilding Community Power and Decentering Law. It was organized by Angela Altieri, Madison Sharp, Naima Muminiy, Sami Schramm, Destiny Staten, Angel Gardner, Leila Hamouie, Fabian Kopp, Marnie Leonard, and Thea Cabrera Montejo. Together, the team curated a day full of empowering keynotes, inspiring panels, and an insightful workshop. The team also created a resource to document the event.


Lessons In Movement Lawyering From The Ferguson Uprising, Maggie Ellinger-Locke Jan 2023

Lessons In Movement Lawyering From The Ferguson Uprising, Maggie Ellinger-Locke

Human Rights Brief

Michael Brown was killed by Officer Darren Wilson on August 9, 2014. That day, I was on vacation in Michigan with my family, hanging on the beach and playing in the water. My father passed away from liver cancer exactly four months before, and I made the decision to close down his law practice in the St. Louis, Missouri area, and move to Washington, DC, where my longterm partner had taken a job. The trip to Michigan was supposed to be a stopover on my way to DC; my car was packed to the brim.


Movement Lawyering For Georgia Worker Cooperatives, Julian M. Hill Jan 2023

Movement Lawyering For Georgia Worker Cooperatives, Julian M. Hill

Human Rights Brief

Capitalism’s Contradictions in Atlanta. The Park Place and Auburn Avenue intersection in downtown Atlanta juxtaposes capitalism’s shiny veneer and putrid underbelly. Among Georgia State University’s multi-story buildings, Woodruff Park’s lush trees, and the vibrant Sweet Auburn neighborhood once home to Martin Luther King, Jr., diverse youth vying for class ascension and minority-owned businesses exemplifying Atlanta’s claim as an entrepreneurship hub populate the sidewalks. A deeper look, however, reveals cracks within the “Real Wakanda” facade. Wooden boards cover commercial space doors along Auburn Avenue, houseless folks support each other and request help from others around Woodruff Park, and students born into …


Violating The Protections Of International Law: Examining Methods To Combat The Practice Of Female, Angel R. Gardner Jan 2023

Violating The Protections Of International Law: Examining Methods To Combat The Practice Of Female, Angel R. Gardner

Human Rights Brief

In 2021, the women’s rights non-governmental organization (“NGO”), Equality Now, filed a lawsuit alongside other organizations1 challenging Mali’s failure to outlaw the practice of female genital mutilation (“FGM”). FGM involves the partial or total removal of the external female genitalia or other injury to female genital organs for non-medical purposes. The practice of FGM traces back to an ancient ritual, however, current research reveals that it causes serious health problems. The case brought by these NGOs has the potential to create binding precedent against the practice of FGM across all the African States.


Impact Of Extreme Hindutva Ideology On Freedom Of Speech In India, Meher Shah Jan 2023

Impact Of Extreme Hindutva Ideology On Freedom Of Speech In India, Meher Shah

Human Rights Brief

In the last decade, India has seen a rise of extreme far-right nationalism often referred to as the “Hindutva movement.” While the movement existed even before India obtained its independence in 1947, it recently gained unprecedented popularity and support among Indian citizens and non-resident Indians. Among the factors responsible for the Hindutva movement’s current popularity is blatant support and affiliation from the ruling political party, the Bharatiya Janta Party (BJP). The BJP has been a leading endorser of the Hindutva ideology, bringing it back to the center stage of Indian politics.1 The rise and spread of the ideology and its …


China's Violation Of Refugee Rights: Repatriation Of North Korean Refugees, Ellery Saluck Jan 2023

China's Violation Of Refugee Rights: Repatriation Of North Korean Refugees, Ellery Saluck

Human Rights Brief

The concept of the North Korean defector is so pervasive that it tends to eclipse the legal reality: she is also a refugee. While the urgent economic prerogative for defecting has waned since the widespread North Korean famine of the 1990s, North Koreans continue to escape for various reasons, such as seeking a better standard of living, enjoying freedom of movement, and pursuing freedom of political and religious affiliation. The Democratic People’s Republic of Korea (DPRK) legislates serious, and even fatal, retribution for the crime of defecting. Yet, Chinese authorities refuse to acknowledge the refugee sur place status of the …


Access To Education: Protecting Students With Disabilities By Decriminalizing Behavior, Maria Jardeleza Jan 2023

Access To Education: Protecting Students With Disabilities By Decriminalizing Behavior, Maria Jardeleza

Human Rights Brief

Contrary to international human rights standards, laws that criminalize disorderly and disruptive behavior in schools neglect the needs of students with disabilities. These laws lead to the exclusion of students with disabilities from educational settings and are applied unfairly against them. This Article will first look at state statutes and school policies that grant broad discretion in determining when and how to exclude students from learning opportunities through suspensions, expulsions, and referrals to law enforcement1. Understanding the use of these statutes against students within the context of the data on school discipline rates for students with disabilities shows the disproportionate …


The Failure Of The Italian Government To Honor The Human Rights Of Migrants, John Kerins Jan 2023

The Failure Of The Italian Government To Honor The Human Rights Of Migrants, John Kerins

Human Rights Brief

Italian Prime Minister Giorgia Meloni’s Parliament, feckless in the harsh waters of European politics, looks to be breaking on the very beaches where Allied forces once landed almost 80 years ago. The small island of Lampedusa remains a pricking thorn in the Italian government’s side, further complicating the testy waters with migrants coming in from the Mediterranean. To solve this, the Italian government has begun to violate the human rights of migrants and workers alike. Giorgia Meloni’s government has called for an ‘EU Naval Blockade’ of the Mediterranean, prompting outcry from human rights groups who correctly see what the rest …


Facial Recognition System Is A Violation Of Human Rights In The Context Of The Echr, Aykhan Dadashov Jan 2023

Facial Recognition System Is A Violation Of Human Rights In The Context Of The Echr, Aykhan Dadashov

Human Rights Brief

On January 31, 2020, Nikolay Sergeyevich Glukhin lodged a complaint to the European Court of Human Rights (ECtHR) arguing that the Russian government violated his right to respect for private life (Article 8) and freedom of expression (Article 10) under the European Convention on Human Rights (ECHR). Glukhin held a banner in metro station of Moscow to protest the detention and criminal proceedings against a political activist. Using CCTV cameras and videos taken by a passersby on an app called Telegram, the police managed to identify and arrest Glukhin. It investigated CCTV cameras installed in other stations for further inquiry …


Former Peruvian President Fujimori's Forced Sterilization Program Faces Prosecution 26 Years Later, Taylor Potenziano Jan 2023

Former Peruvian President Fujimori's Forced Sterilization Program Faces Prosecution 26 Years Later, Taylor Potenziano

Human Rights Brief

In 1996, the Peruvian government under President Alberto Fujimori launched the National Reproductive Health and Family Planning Program (PNSRPF). While the government pitched the program as a way to promote access to family planning for low-income families and a way for women to be “masters of their own destiny,” the PNSRPF functioned as a forced sterilization program. From 1996 to 2001, 272,028 people were forcibly sterilized, the majority of them impoverished indigenous women from rural areas.


Restorative Justice: Uplifting Human Rights For The Marginalized, Vulnerable, Victimized, And The United States As A Whole, Meghana Vodela Jan 2022

Restorative Justice: Uplifting Human Rights For The Marginalized, Vulnerable, Victimized, And The United States As A Whole, Meghana Vodela

Human Rights Brief

No abstract provided.


How The Many Recent Deaths Of Malaysian Citizens Expose The Country's Corrupt Police System, Amy P. Lyons Jan 2022

How The Many Recent Deaths Of Malaysian Citizens Expose The Country's Corrupt Police System, Amy P. Lyons

Human Rights Brief

No abstract provided.


Consulting With Consuls: Virgilio Maldonado Rodríguez And The Right Of Consular Access, Fabian Kopp Jan 2022

Consulting With Consuls: Virgilio Maldonado Rodríguez And The Right Of Consular Access, Fabian Kopp

Human Rights Brief

No abstract provided.


Escaping Accountability: Ice Forcibly Sterilizes Detainees In Detention Centers, Mehraz Rahman Jan 2022

Escaping Accountability: Ice Forcibly Sterilizes Detainees In Detention Centers, Mehraz Rahman

Human Rights Brief

No abstract provided.


Romanian Government Will Implement Measures To Prevent Further Violations Of Rightsof People With Mental Health Conditions Or Disabilities In Accord With The Decision Of The European Court Of Human Rights, Tesa Hargis Jan 2022

Romanian Government Will Implement Measures To Prevent Further Violations Of Rightsof People With Mental Health Conditions Or Disabilities In Accord With The Decision Of The European Court Of Human Rights, Tesa Hargis

Human Rights Brief

On June 21 and 22, the European Court of Human Rights (ECtHR) and Romania discussed reform measures based on various judgements delivered during the nine-year period between 2012 and 2021. At issue before the ECtHR’s Department for Execution of Judgments was insufficient legal protection, lack of medical and social care, deficiencies in the legal framework governing involuntary placement, inadequate management of psychiatric conditions of detainees, and overcrowding and poor conditions in Romanian mental health facilities.


Letter From The Editors, Madison Bingle, Nora Elmubarak Jan 2022

Letter From The Editors, Madison Bingle, Nora Elmubarak

Human Rights Brief

No abstract provided.


The Invasion Of Ukraine: A Gross Violation Of International Law, Claudio Grossman Jan 2022

The Invasion Of Ukraine: A Gross Violation Of International Law, Claudio Grossman

Human Rights Brief

No abstract provided.


Washington, D.C.: The Capital Of Fair Housing Act Violations, Arielle Aboulafia Jan 2022

Washington, D.C.: The Capital Of Fair Housing Act Violations, Arielle Aboulafia

Human Rights Brief

No abstract provided.


Gap In Internet Access In Sri Lanka Violates Human Rights, Gracie Kreth Jan 2022

Gap In Internet Access In Sri Lanka Violates Human Rights, Gracie Kreth

Human Rights Brief

No abstract provided.


Gender Discrimination And Wrongful Termination During The Covid-19 Pandemic And The Age Of The At-Home Workplace, Lauren Saxe Jan 2022

Gender Discrimination And Wrongful Termination During The Covid-19 Pandemic And The Age Of The At-Home Workplace, Lauren Saxe

Human Rights Brief

No abstract provided.


Oil Multinationals And The Fight For Sustainability In Nigeria's Niger Delta, Andre Taylor Jan 2022

Oil Multinationals And The Fight For Sustainability In Nigeria's Niger Delta, Andre Taylor

Human Rights Brief

No abstract provided.


Protections Against Inhuman Punishment Fail Migrants With Mental Illnesses In Europe, Hannah Friedrich Jan 2022

Protections Against Inhuman Punishment Fail Migrants With Mental Illnesses In Europe, Hannah Friedrich

Human Rights Brief

No abstract provided.


Issues Of Surveillance In Bulgaria: Violation Of Article 8 Of The European Convention On Human Rights, Danya Hamad Jan 2022

Issues Of Surveillance In Bulgaria: Violation Of Article 8 Of The European Convention On Human Rights, Danya Hamad

Human Rights Brief

No abstract provided.


Reimagining The Refugee & Asylee Experience Through Law: Exploring U.S. Culpability And (Un) Exceptionalism, Thea Cabrera Montejo, Angela Altieri, Katherine Pratty, Alexandra Curbelo Jan 2022

Reimagining The Refugee & Asylee Experience Through Law: Exploring U.S. Culpability And (Un) Exceptionalism, Thea Cabrera Montejo, Angela Altieri, Katherine Pratty, Alexandra Curbelo

Human Rights Brief

No abstract provided.


Filling The Protection Gaps For Climate Change And Disaster-Induced Migrants, Kimberly A. Erickson Jan 2022

Filling The Protection Gaps For Climate Change And Disaster-Induced Migrants, Kimberly A. Erickson

Human Rights Brief

No abstract provided.


Unrepeatable Harms: Forced Sterilization At Ice Detention Centers, Sabrina Davis Jan 2022

Unrepeatable Harms: Forced Sterilization At Ice Detention Centers, Sabrina Davis

Human Rights Brief

No abstract provided.


A Particular Social Group: The Inadequacy Of U.S. Asylum Laws For Transgender Claimants, Marnie Leonard Jan 2022

A Particular Social Group: The Inadequacy Of U.S. Asylum Laws For Transgender Claimants, Marnie Leonard

Human Rights Brief

No abstract provided.