Law Commons^™

The Right To Food Under Hugo Chávez, Rhoda E. Howard-Hassmann

Human Rights & Human Welfare

This article investigates the right to food in Venezuela under President Hugo Chávez (1999-2013). It argues that although Chávez respected the right of (especially poor) Venezuelans to food, he failed to protect that right at the same time as he tried to fulfill it. In the short term, he fulfilled the right to food by establishing state-run stores where food could be purchased at a substantial discount, and by imposing price controls on food. At the same time, however, he reduced the supply of food by undermining property rights, expropriating large-scale farms and ranches as well as some wholesale and …

Responsibility To Regulate: How The ‘Responsibility To Protect’ Expands State Power, Philip Cunliffe

Human Rights & Human Welfare

Like most UN reports, particularly those concerned with the doctrine of the "responsibility to protect" (RtoP), the latest report of the UN Secretary-General is filled with plenty of pious guff mixed in with the platitudes that engulf UN diplomacy. But buried within the blathering are also some disturbing prescriptions for how the UN envisages rolling out RtoP around the world. I want to draw attention to three specific points in order to consider what these tell us about RtoP as a political model. First, I will look at the treatment of media and speech in the report; second, how the …

Feminism And Democracy, Louis Edgar Esparza

Human Rights & Human Welfare

After work on December 1, 1955 in Montgomery, Alabama, Rosa Parks walked onto a bus that was to take her home that night. She ended up on a trip to jail instead, for refusing to give her seat to a white passenger. The event triggered resistance to bus segregation, the founding of the Montgomery Improvement Association, and the election of the then-unknown Dr. Martin Luther King as its leader. The success of the campaign is an integral battle in our historical retellings of the US African American Civil Rights Movement. Fewer recount the sexual harassment against black women by white …

Indigenous Political Participation: The Key To Rights Realization In The Andes, Stephanie Selekman

Human Rights & Human Welfare

"There is no way back, this is our time, the awakening of the indigenous people. We'll keep fighting till the end. Brother Evo Morales still has lots to do, one cannot think that four years are enough after 500 years of submission and oppression,” said Fidel Surco, a prominent indigenous leader, reflecting on Bolivia’s first indigenous president entering his second term (Carroll & Schipani 2009).

The Andean region is particularly appropriate for examining indigenous political rights because 34-40 million indigenous people reside mostly in this region. The actualization of human rights for Andean indigenous groups is an inherently complex issue, …

Tibetan Refugees' Rights And Services In India, Claudia Artiles

Human Rights & Human Welfare

The Chinese invasion of Tibet, and the Dalai Lama’s subsequent decision to flee in 1959, resulted in the mass influx of Tibetan refugees into India that continues today. It has become clear to the Indian government, as well as to the Tibetan community in exile, that repatriation is unlikely in the near future. Consequently, an evaluation of India’s protection of, and assistance for Tibetan refugees is necessary to ensure their treatment is in accordance with international standards. Unfortunately, such an assessment shows that there is a lack of proper protections and services; this ought to be of particular concern to …

Minarets Vote Compromises Human Rights For Everyone, Anna Talbot

Human Rights & Human Welfare

Minarets, like church steeples, are a physical manifestation of religion. There is little doubt, then, that their recent banning in Switzerland following a referendum constitutes a breach of the right to freedom of religion, with respect to the right to manifest ones religion. This right is protected under a number of instruments, including the Universal Declaration of Human Rights (Article 18), the International Covenant on Civil and Political Rights (ICCPR) (Article 18), and the European Convention on Human Rights (Article 9). Under these instruments, the right to manifest ones religion can only be limited if such a limitation is necessary …

Introduction: Human Rights In The Middle East And North Africa (Mena), Raslan Ibrahim

Human Rights & Human Welfare

The wave of revolutions and popular uprisings across the Middle East and North Africa (MENA) at the dawn of 2011 highlights the inescapable relevance and impact of human rights on the region’s politics and security. The Arab regimes’ violations of human rights and lack of respect to the human dignity of their citizens are in fact the seeds of the Jasmine revolution in Tunisia, the rebellion of the Egyptian people against Mubarak regime, as well as the ongoing uprisings across the rest of MENA. The women and men who are protesting in the streets of Egypt, Bahrain, Libya, Syria, Yemen, …

Political Repression And Islam In Iran, Amy Kirk

Human Rights & Human Welfare

Signs with the slogan, ‘I am Neda’, flooded the streets of Tehran in the violent aftermath of the 2009 presidential elections and assassination of Neda Agha-Soltan. The internationally publicized video of Neda’s death became an iconic rallying point for the reformist opposition in Iran. Stringent clampdowns since the 1979 revolution have signified a sociopolitical change that has endured for three decades. President Khatami’s reform efforts of the late 1990s were stifled by Ahmadinejad’s election of 2005. Since Ahmadinejad’s appointment there has been little official tolerance for political and fundamental Islamic dissent, leading to serious human rights violations against the reformist …

Arbitrary Arrest And Detention Of Human Rights Defenders In Iran: Subduing The Voices Demanding Rights, Sachchi Karki

Human Rights & Human Welfare

Arbitrary arrest and detention, oftentimes used to curtail the freedom of opinion and expression, as well as the right to association and peaceful assembly, has continued to characterize Iranian regimes since the 1979 Islamic Revolution. Such arrest and detention of human rights defenders (HRD)–who individually or with others act to protect and promote human rights—has demonstrated the repressive nature of the Iranian regime. Human rights lawyers, civil society representatives, journalists, and women’s rights movements and trade union activists are among the most commonly targeted HRD.

Of Minarets, Headscarves, And Cartoons, Kurt Mills

Human Rights & Human Welfare

It is difficult not to agree with Tariq Ramadan. The fear of and discrimination against Muslims in Western societies since 9/11 is clear and worrying. The anti-Muslim populism he cites is real, although it may also be part of a broader anti-immigrant populism. The posters he describes are extremely disturbing, and reminiscent of World War II propaganda. They are an artifact of fear of the misunderstood “other.”

Finding A Voice: Using The Internet For Free Speech And Expression In Iran, Chelsea Zimmerman

Human Rights & Human Welfare

In July 2009, many Iranians took to the streets to protest the results of the presidential election in which Mahmoud Ahmadinejad won with a reported 62% of the vote. The protests, stemming from allegations of electoral fraud, quickly exposed the government's limited tolerance for dissent. In addition to street demonstrations, protestors utilized social networking websites to express their opposition to the election results. The world, following Internet feeds, witnessed the restrictive mechanisms Iran’s government placed on expression and speech. People throughout the world admonished Iran for the government's interference with cell phone and Internet networks. Iran’s free speech and expression …

January Roundtable: Introduction

Human Rights & Human Welfare

An annotation of:

“My compatriots' vote to ban minarets is fuelled by fear” by Tariq Ramadan. The Guardian. November 29, 2009.

Democracy And Flame-Fanning Populists: An Undesirable Yet Inevitable Combination, Richard Burchill

Human Rights & Human Welfare

Tariq Ramadan views the recent referendum in Switzerland inserting a ban against the building of minarets into the Swiss Constitution, as a vote against Muslims not only in Switzerland, but across Europe. Those of a more tolerant sensibility will of course agree with Ramadan on this issue and will easily criticize the Swiss for “getting it wrong” by voting in favor of this constitutional amendment. There is no question that a constitutional vote on what is essentially an issue of local planning permission is, as Ramadan describes it, a silly initiative. However, this is also the nature of democracy as …

On Visibly Dangerous Silliness, Anthony Chase

Human Rights & Human Welfare

“Silly” is what Ramadan calls the Swiss minaret referendum. He urges, in response to its passage, that Swiss Muslims be more rather than less visible. Each point is worth reflection. How and why does silliness transform itself into danger? And how and why is visibility the correct response to such danger—even if it leads in directions Ramadan may not suspect?

From Outrage To Action, Henry Krisch

Human Rights & Human Welfare

Kristof and WuDunn provide a vivid panoramic view of problems faced by women (primarily in the “developing” world), what has been done and what more could be done to help them achieve dignity and autonomy in their lives, and how vindication of their rights could contribute to the broader social development of their societies. In this they provide us with important insights into how human rights might be effectively proclaimed and successfully implemented. In reviewing their considerable contributions, I shall also suggest some limitations on both their analysis and their policy recommendations.

October Roundtable: Introduction

Human Rights & Human Welfare

An annotation of:

The Women's Crusade. By Nicholas D. Kristof and Sheryl WuDunn. The New York Review of Books. August 17, 2009.

Political Oppression In Sub-Saharan Africa, Alayna Hamilton

Human Rights & Human Welfare

Relative to social and economic rights, there is little discourse on the issue of political rights in sub-Saharan Africa (SSA). This fact is attributable to the pressing problems of lack of access to food and healthcare that plague millions of people in the region. However, without the observance of political (and civil) rights, economic development, wealth redistribution, and basic social order may be compromised. Contrary to arguments that insist that economic growth and social stability often require the limitation of political rights, political rights are a necessary requisite for promoting civilian support of governmental policies. Without political rights, equitable policies …

Matthew S. Weinert On Democracy, Minorities, And International Law By Steven Wheatley, Cambridge: Cambridge University Press, 2005. 201 Pp., Matthew S. Weinert

Human Rights & Human Welfare

A review of:

Democracy, Minorities, and International Law by Steven Wheatley, Cambridge: Cambridge University Press, 2005. 201 pp.

How To Recapture Human Rights Within The Political: Validating The Discourse Theory Approach, Magdalena Zolkos

Human Rights & Human Welfare

A review of:

Human Rights and Democracy: Discourse Theory and Global Rights Institutions by Eva Erman. Aldershot: Ashgate, 2005. 243 pp.

Christina M. Cerna On The Development Of Positive Obligations Under The European Convention On Human Rights By The European Court Of Human Rights By Alastair Mowbray. Oxford: Hart Publishing, 2004. 239pp., Christina M. Cerna

Human Rights & Human Welfare

A review of:

The Development of Positive Obligations under the European Convention on Human Rights by the European Court of Human Rights by Alastair Mowbray. Oxford: Hart Publishing, 2004. 239pp.

The Right To Health, Sarah Friedmann

Human Rights & Human Welfare

In the human rights discourse and practice the right to health has been and continues to be a contentious arena. Primarily located within legal frameworks that focus on civil and political rights, the right to health is more frequently being used to challenge abuses of health by invoking social and economic rights, even though this places the right to health on slippery terrain that is not as internationally accepted as civil and political rights.