Open Access. Powered by Scholars. Published by Universities.®

Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

Human Rights Law

Journal

Brooklyn Journal of International Law

2022

Keyword

Articles 1 - 7 of 7

Full-Text Articles in Law

Protecting Corporations From Discrimination Under The Convention On The Elimination Of Racial Discrimination, William Thomas Worster Dec 2022

Protecting Corporations From Discrimination Under The Convention On The Elimination Of Racial Discrimination, William Thomas Worster

Brooklyn Journal of International Law

This article argues that legal persons derive rights under the Convention on the Elimination of All Forms of Racial Discrimination (CERD) and can enforce those rights by individual or inter-state complaint. It uses the case study of media corporations, following from the recent judgment by the International Court of Justice (ICJ) in the litigation between Qatar and the UAE over the application of CERD to the treatment of the Al Jazeera media corporation. However, the implications of this study apply to all private corporations and non-governmental organizations (NGOs). The CERD protects against certain forms of racial, ethnic and national origin …

Go to article

Different Countries, Same Homophobia And Transphobia: A Cross-Cultural Survey Of So-Called Conversion Therapy Practices And The Move Toward Legislative Protections For The United States Lgbtq+ Community, Samantha J. Past Dec 2022

Different Countries, Same Homophobia And Transphobia: A Cross-Cultural Survey Of So-Called Conversion Therapy Practices And The Move Toward Legislative Protections For The United States Lgbtq+ Community, Samantha J. Past

Brooklyn Journal of International Law

So-called “conversion therapy” consists of dangerous practices that inflict detrimental, long-lasting effects on its victims. As a form of sexual orientation or gender identity or gender expression change efforts, conversion therapy is fostered by global homophobia and transphobia. Despite formal public rejection and scientific discreditation, conversion therapy providers across the world continue to target LGBTQ+ individuals, predominately under the guise of offering health care services or obeying religious practices. The following piece compares conversion therapy in three countries with recently introduced LGBTQ+ legislation––(1) Ghana; (2) Canada; and (3) the United States (U.S.)–––in order to identify factors furthering conversion therapy and …

Go to article

Reforming Copyright Or Toward Another Science? – A Morehuman Rights-Oriented Approach Under The Rebspa Inconstructing A “Right To Research” For Scholarly Publishing, Klaus D. Beiter Dec 2022

Reforming Copyright Or Toward Another Science? – A Morehuman Rights-Oriented Approach Under The Rebspa Inconstructing A “Right To Research” For Scholarly Publishing, Klaus D. Beiter

Brooklyn Journal of International Law

This article identifies copyright impediments existing in the sphere of science, and then tentatively suggests how such impediments may be overcome. It focuses on scholarly publishing only, and here primarily on digital content, and specifically asks whether expensive commercial scholarly publishers continue to “add value” to research in the digital era. The deficits of copyright law and potential solutions thereto are assessed in the light of the right of everyone “to enjoy the benefits of scientific progress and its applications” (REBSPA), as laid down in Article 15(1)(b) of the International Covenant on Economic, Social and Cultural Rights (ICESCR) of 1966. …

Go to article

Lost Paradise: Colombia’S Failed Promise To Protect Human Rights Defenders, Yessenia Gonzalez Dec 2022

Lost Paradise: Colombia’S Failed Promise To Protect Human Rights Defenders, Yessenia Gonzalez

Brooklyn Journal of International Law

On November 24, 2016, Colombia ended a half-century civil war with the Revolutionary Armed Forces of Colombia (FARC) with the signing of the Peace Accord. While there was hope that there would be a new era of peace and reconciliation, Colombia is consistently ranked as the most dangerous country in the world for human rights defenders. As a party to core international human rights treaties that protect the rights to life, physical integrity, and the right to defend human rights, Colombia is obligated to protect these rights and take the necessary preventative measures to protect human rights defenders. Accordingly, Colombia …

Go to article

Contracting Against Slavery: Corporate Accountability For Human Rights Supply Chain Violations, Alexandra Hyken Dec 2022

Contracting Against Slavery: Corporate Accountability For Human Rights Supply Chain Violations, Alexandra Hyken

Brooklyn Journal of International Law

The United States Supreme Court decision in Nestlé USA, Inc. v. Doe effectively closed the door for forced laborers in the global supply chain to sue corporations headquartered in the United States for aiding and abetting in their human trafficking under the Alien Tort Statute. At the same time, however, the European Union and Canada are passing legislative measures that increase corporate accountability for human rights supply chain violations. This note argues that, in light of the Nestlé decision, contracts can be an effective mechanism for corporate accountability in the United States and that multi-national corporations will be incentivized to …

Go to article

Embracing The End: A Comparative Analysis Of Medical Aid In Dying In Canada And The United States, Joel Krinsky Dec 2022

Embracing The End: A Comparative Analysis Of Medical Aid In Dying In Canada And The United States, Joel Krinsky

Brooklyn Journal of International Law

Since the late nineteenth century, debate has unfolded over the use of euthanasia and physician-assisted death to alleviate the suffering of individuals with medical illnesses. The controversy surrounding the issue persists and its implications are significant. While most countries prohibit Aid in Dying (AID), legalization of the practice has expanded globally in recent years. Canada and the United States (US) are two such jurisdictions that have expanded access to AID. Canada has federally legalized the practice, which the country refers to as Medical Aid in Dying (MAID), and in 2021, the country expanded the eligibility criteria for individuals seeking access …

Go to article

Recommended Amendments To The Truth And Reconciliation Act As The Government Of Nepal Considers Prosecuting 65,411 Human Rights Cases From The Armed Conflict (1996- 2006), Sophia Ottoni-Wilhelm Dec 2022

Recommended Amendments To The Truth And Reconciliation Act As The Government Of Nepal Considers Prosecuting 65,411 Human Rights Cases From The Armed Conflict (1996- 2006), Sophia Ottoni-Wilhelm

Brooklyn Journal of International Law

The bloody Armed Conflict in Nepal (1996-2006) left an estimated 16,729 dead, 78,689 displaced, and 2,506 victims of enforced disappearance. In the seventeen years since the resolution of the Conflict, none of the 65,411 complaints brought by Conflict victims and their families have been resolved. This article argues that the Truth and Reconciliation Act (the Act) can be blamed for the stalled justice process. The Act, which created two commissions charged with the investigation and prosecution of Conflict crimes—Truth and Reconciliation Commission (TRC) and the Commission on the Investigation of Enforced Disappeared Persons (CIEDP)—must be amended so that victims and …

Go to article