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Articles 61 - 90 of 114
Full-Text Articles in Law
Migrant Workers' Access To Justice At Home: Nepal, Sarah Paoletti, Eleanor Taylor-Nicholson, Bandita Sijapati, Bassina Farbenblum
Migrant Workers' Access To Justice At Home: Nepal, Sarah Paoletti, Eleanor Taylor-Nicholson, Bandita Sijapati, Bassina Farbenblum
All Faculty Scholarship
Nepal’s citizens engage in foreign employment at the highest per capita rate of any other country in Asia, and their remittances account for 25 percent of the country’s GDP. The Middle East is now the most popular destination for Nepalis--nearly 700,000 were working in the Middle East in 2011 on temporary labor contracts. For some Nepalis, working abroad provides much-needed household wealth. For others, their contributions to Nepal come at great personal cost. Migrant workers in the Gulf, for example, routinely report wage theft, lack of time off and unsafe and unhealthy working conditions. Some migrant workers report psychological and …
Reconciling Liberalism And Judaism? Human Rights In Israel, Raphael Cohen-Almagor
Reconciling Liberalism And Judaism? Human Rights In Israel, Raphael Cohen-Almagor
raphael cohen-almagor
This essay argues that mixing religion in politics is problematic. It becomes destructive when the religion is unyielding and coercive. Whenever religious powers are on the rise, the foundations of liberal democracy are shaken and its protective mechanisms are regressing. Indeed, in Israel egalitarianism is still in the making. Orthodox Judaism and liberal democracy are in conflict. The rise of one comes at the expense of the other in a situation where religion does not encompass the concept of freedom from religion. This essay further argues that Palestinians and Israelis are entitled to the same rights and liberties. Accommodations and …
Challenging Juvenile Life Without Parole: How Has Human Rights Made A Difference?, Human Rights Institute
Challenging Juvenile Life Without Parole: How Has Human Rights Made A Difference?, Human Rights Institute
Human Rights Institute
Human rights standards and strategies play an important role in social justice legal advocacy in the United States. Human rights help frame new arguments, offer new venues for challenging existing policies and practices, provide opportunities for coalition-building, and afford new means to bring attention to rights violations. One example of human rights strategies at work in the U.S. is found in advocates’ efforts to end a practice unique to the United States: sentencing juveniles to life in prison without the possibility of parole.
The Need For Effective Federal Outreach And Mechanisms To Coordinate And Support Federal, State And Local Implementation Of The Convention, Human Rights Institute, International Association Of Official Human Rights Agencies (Iaohra)
The Need For Effective Federal Outreach And Mechanisms To Coordinate And Support Federal, State And Local Implementation Of The Convention, Human Rights Institute, International Association Of Official Human Rights Agencies (Iaohra)
Human Rights Institute
As this Committee has consistently recognized, compliance with the CERD requires effective coordination between federal, state, and local governments. In ratifying the CERD, the United States indicated that state and local governments share authority to implement the treaty. This includes the over 150 state and local civil and human rights agencies that enforce federal, state and local human and civil rights laws and/or conduct research, training and education, and issue policy recommendations within the United States (“Human Rights Agencies”). It also encompasses the full array of state and local officials with decision-making and enforcement authority, including governors, state attorneys general, …
Theories Of State Compliance With International Law: Assessing The African Union's Ability To Ensure State Compliance With The African Charter And Constitutive Act, Stacy-Ann Elvy
Georgia Journal of International & Comparative Law
No abstract provided.
Beyond "De-Nile" - The United Nations' Genocide Problem In Darfur, William Reisinger
Beyond "De-Nile" - The United Nations' Genocide Problem In Darfur, William Reisinger
Touro Law Review
No abstract provided.
Reversal Of Fortune: How The German Courts Found Their Human Rights And Helped The European Courts Find Theirs, Henry Biggs
Reversal Of Fortune: How The German Courts Found Their Human Rights And Helped The European Courts Find Theirs, Henry Biggs
University of Miami International and Comparative Law Review
No abstract provided.
Divergent Paths, Similar Results: How African Asylum Seekers Have Been Failed In Both Israel And Malta Despite Varying Procedures And Treatment, Edward N. Krakauer
Divergent Paths, Similar Results: How African Asylum Seekers Have Been Failed In Both Israel And Malta Despite Varying Procedures And Treatment, Edward N. Krakauer
University of Miami International and Comparative Law Review
No abstract provided.
Rights And Responsibilities: What Are The Prospects For The Responsibility To Protect In The International/Transnational Arena?, Carolyn Helen Filteau
Rights And Responsibilities: What Are The Prospects For The Responsibility To Protect In The International/Transnational Arena?, Carolyn Helen Filteau
PhD Dissertations
The dissertation involves a study of the emerging international norm of ‘The Responsibility to Protect’ which states that citizens must be protected in cases of human atrocities, war crimes, ethnic cleansing and genocide where states have failed or are unable to do so. According to the work of the International Commission on the Responsibility to Protect (ICISS), this response can and should span a continuum involving prevention, a response to the violence, when and if necessary, and ultimately rebuilding shattered societies. The most controversial aspect, however, is that of forceful intervention and much of the thesis focuses on this aspect. …
Abortion In South Africa And The United States: An Integrative, Contrastive Comparative Analysis Of The Effect Of Legal And Cultural Influences On Implementation Of Abortion Rights, Danielle Y. Blanks
Abortion In South Africa And The United States: An Integrative, Contrastive Comparative Analysis Of The Effect Of Legal And Cultural Influences On Implementation Of Abortion Rights, Danielle Y. Blanks
Danielle Y Blanks
Despite similarly progressive abortion rights laws, women in South Africa and the U.S. experience completely different levels of access to legal and safe abortions. In this paper, I will seek to explain the reasons for this disparity by describing the ways in which natural law has influenced the application of law in the U.S. and South Africa while examining the role of cultural values in the realization of abortion rights. I will take an integrative approach to explain ideological similarities and a contrastive approach to denote the cultural differences that have led to a de facto marginalization of South African …
Human Rights For Thee But Not For Me, Lauren Carasik
Human Rights For Thee But Not For Me, Lauren Carasik
Media Presence
No abstract provided.
The Growing Public Domain In Medicine, Saurabh Vishnubhakat
The Growing Public Domain In Medicine, Saurabh Vishnubhakat
Faculty Scholarship
This essay describes the growing public domain of inventions associated with drugs and medicine, and geographies associated with identifiable shifts in the balance of innovation that may be especially favorable for promoting wider access to socially useful technologies. To do so, it departs from the largely ex ante perspective that currently informs the intersectional debate regarding human rights and patent rights and, instead, looks backward to inquire what innovations from past patents have already become publicly available in service of the human rights objective of greater access to technology. Ex post analysis of this kind may help public and private …
Slides: “Human Sustainability” In Natural Resources Industries: The New Frontier In Compliance, Social Responsibility, Disclosure, And Transparency, T. Markus Funk
Natural Resource Industries and the Sustainability Challenge (Martz Winter Symposium, February 27-28)
Presenter: T. Markus Funk, Partner, Perkins Coie
21 slides
Supreme Court Ruling Shields Corporations From Accountability, Lauren Carasik
Supreme Court Ruling Shields Corporations From Accountability, Lauren Carasik
Media Presence
No abstract provided.
"They Are Our Brothers, And Christ Gave His Life For Them": The Catholic Tradition And The Idea Of Human Rights In Latin America, Paolo G. Carozza
"They Are Our Brothers, And Christ Gave His Life For Them": The Catholic Tradition And The Idea Of Human Rights In Latin America, Paolo G. Carozza
Paolo G. Carozza
No abstract provided.
Fundamental Rights, Moral Law, And The Legal Defense Of Life In A Constitutional Democracy, Martin Rhonheimer, Paolo G. Carozza
Fundamental Rights, Moral Law, And The Legal Defense Of Life In A Constitutional Democracy, Martin Rhonheimer, Paolo G. Carozza
Paolo G. Carozza
Article by Martin Rhonheimer, translated by Paolo G. Carozza.
The Catholic Church, Human Rights, And Democracy: Convergence And Conflict With The Modern State, Paolo G. Carozza, Daniel Philpott
The Catholic Church, Human Rights, And Democracy: Convergence And Conflict With The Modern State, Paolo G. Carozza, Daniel Philpott
Paolo G. Carozza
This book chapter traces the history of the Catholic Church's relationship to the modern state, focusing on the idea of sovereignty and the development of human rights and democracy. It argues that the Catholic Church's relationship to human rights and democracy in the modern world can only be understood as reflective of both a historical convergence and a persistent tension and ambivalence. The first part argues for this dual theme in the development of Catholic doctrine, where today, as over the past several centuries, the Church's conception of the common good yields both an embrace of human rights and democracy …
Denying Freedom Rather Than Securing The Country: National Security Is Undermined By Laws Governing Battered Immigrants, Eve Tilley-Coulson
Denying Freedom Rather Than Securing The Country: National Security Is Undermined By Laws Governing Battered Immigrants, Eve Tilley-Coulson
Eve Tilley-Coulson
Relief for battered immigrants is not an obvious national security matter per se, yet remedies are enacted in conjunction with stringent interpretations of immigration law, as though victims pose a security threat. Discrepancies exist between the immigration laws themselves—which attempt to secure the United States from disease, violence, and illegal activity—and the loopholes found within remedies under these laws, unnecessarily removing victims and perpetuating a cycle of fear and abuse. This paper addresses how relief for battered immigrants, when implemented with the priority of protecting national security and immigration legislation, creates and perpetuates negative societal consequences. The economic and societal …
Freedom Of Conscience As Religious And Moral Freedom, Michael J. Perry
Freedom Of Conscience As Religious And Moral Freedom, Michael J. Perry
Faculty Articles
In another essay being published contemporaneously with this one, I have explained that as the concept "human right" is understood both in the Universal Declaration of Human Rights and in all the various international human rights treaties that have followed in the Universal Declaration's wake, a right is a human right if the rationale for establishing and protecting the right-for example, as a treaty-based right-is, in part, that conduct that violates the right violates the imperative, articulated in Article i of the Universal Declaration, to "act towards all human beings in a spirit of brotherhood." Each of the human rights …
The Tower Of Babel: Human Rights And The Paradox Of Language, Moria Paz
The Tower Of Babel: Human Rights And The Paradox Of Language, Moria Paz
Studio for Law and Culture
Key human rights instruments and leading scholars argue that minority language rights should be treated as human rights, both because language is constitutive of an individual’s cultural identity and because linguistic pluralism increases diversity. These treaties and academics assign the value of linguistic pluralism in diversity. But, as this article demonstrates, major human rights courts and quasi-judicial institutions are not, in fact, prepared to force states to swallow the dramatic costs entailed by a true diversity-protecting regime. Outside narrow exceptions or a path dependent national-political compromise, these enforcement bodies continuously allow the state actively to incentivize assimilation into the dominant …
Regions, Austin Shangraw, Ross Boone, Angela Chen, Shereen Kajouee, Jason Cowin, Whitney-Ann Mulhauser, James Toliver, Min Jung Kim, Ada Lacevic
Regions, Austin Shangraw, Ross Boone, Angela Chen, Shereen Kajouee, Jason Cowin, Whitney-Ann Mulhauser, James Toliver, Min Jung Kim, Ada Lacevic
Human Rights Brief
No abstract provided.
Insiderness, Outsiderness, And Situated Accessibility – How Women Activists Navigate Un’S Commission On The Status Of Women, Daniela Jauk
Insiderness, Outsiderness, And Situated Accessibility – How Women Activists Navigate Un’S Commission On The Status Of Women, Daniela Jauk
Societies Without Borders
The goal of this article is to explain micro-political aspects of women’s participation within the Commission on the Status of Women (CSW) by explicating how NonGovernmental Organization’s (NGO) representatives negotiate and perceive their work. Data from ethnographic participant observation of CSW meetings between 2009 and 2012 demonstrate the simultaneity of both clear insider/outsider distinctions as well as blurred and permeable boundaries between the intergovernmental body of the CSW and civil society in the form of women’s rights activists who attempt to shape CSW outcomes. Concepts of fluid insiderness and outsiderness (Naples 1996) help explain that women activists perceive themselves simultaneously …
Transwomen, The Prison-Industrial Complex, And Human Rights: Neoliberalism And Trans-Resistance, Emmi Bevensee
Transwomen, The Prison-Industrial Complex, And Human Rights: Neoliberalism And Trans-Resistance, Emmi Bevensee
Societies Without Borders
This article introduces complexity into understandings around the relationships between human rights, being transgender, and interacting with the prison-industrial complex. It looks at struggles and interventions against neoliberal mainstream agendas that do not address the underlying causes of state violence against transpeople, especially trans women of color. This essay employs in-depth research and analysis primarily employing the lens and tools of intersectional subalternity, personal experience, and extensive community activism around these complex issues to show that human rights struggles that do not challenge neoliberal politics generally fail to meet the needs of trans people facing massive structural violence with the …
Trafficking For Organ Removal, Anne T. Gallagher Ao
Trafficking For Organ Removal, Anne T. Gallagher Ao
Anne T Gallagher
No abstract provided.
Human Rights And Culture Heritage In International Law, Ana Filipa Vrdoljak
Human Rights And Culture Heritage In International Law, Ana Filipa Vrdoljak
Ana Filipa Vrdoljak
Regional and international conflicts defined as a so-called ‘clash of civilisations’, civil conflicts from Central and South America, to former Yugoslavia, from the north Africa and the Middle East to Southeast Asia, and discrimination against and persecution of vulnerable individuals within ethnic or religious communities, appear to indicate tensions between human rights and culture at all levels of society, from the global to the local, from the collective to the individual. Despite the growing cognisance of these cleavages, the international community rather than suppressing cultural, ethnic or religious differences, has actively promoted the importance of cultural diversity and religious tolerance …
Four Challenges Confronting A Moral Conception Of Universal Human Rights, Eric Blumenson
Four Challenges Confronting A Moral Conception Of Universal Human Rights, Eric Blumenson
Eric Blumenson
This Essay describes some fundamental debates concerning the nature and possibility of universal human rights, conceived as a species of justice rather than law. It identifies four claims entailed by such rights and some significant problems each claim confronts. The designation “universal human rights” explicitly asserts three of them: paradigmatic human rights purport to be (1) universal, in that their protections and obligations bind every society, regardless of its laws and mores; (2) human, in that the rights belong equally to every person by virtue of one’s humanity, regardless of character, social standing, disabilities, or other individual attributes; and (3) …
Judicial Conceptions Of Prisoners' Rights In Ireland: An Emerging Field, Mary Rogan
Judicial Conceptions Of Prisoners' Rights In Ireland: An Emerging Field, Mary Rogan
Conference Papers
This paper will discuss four themes. The first concerns judicial discussions of conditions of detention, secondly I will examine the development of the principles of procedural fairness in decisions on the use of separation or isolation of prisoners. I will then move to look at issues concerning foreign prisoners, and say a few words about conditions of detention in the immigration context. Finally, I will explore some of the barriers to a greater role for the Irish courts in the area of conditions of detention. I will speak from the experiences drawn from my research, but also from legal practice.
Introductory Remarks, James Anaya
Introductory Remarks, James Anaya
Publications
These remarks were delivered at a Corporate Responsibility and Human Rights panel held on Wednesday, April 9, 2014.
Business, Human Rights, And The Promise Of Polycentricity, Jamie D. Prenkert, Scott J. Shackelford
Business, Human Rights, And The Promise Of Polycentricity, Jamie D. Prenkert, Scott J. Shackelford
Vanderbilt Journal of Transnational Law
Special Representative of the Secretary-General on the Issue of Human Rights and Transnational Corporations and Other Business Enterprises (SRSG) John Ruggie referred to the "Protect, Respect, and Remedy" Framework (PRR Framework) and the UN Guiding Principles on Business and Human Rights (Guiding Principles) as a polycentric governance system. However, the exact meaning of this phrase has not been very carefully elucidated. This Article analyzes that description in the context of the deep and varied body of literature on polycentric governance and evaluates the PRR Framework in that light. In particular, this Article uses a case-study approach, analyzing the emerging polycentric …
What Is In A Percentage?: Calculation As The Poetic Translation Of Human Rights, Andrea Ballestero
What Is In A Percentage?: Calculation As The Poetic Translation Of Human Rights, Andrea Ballestero
Indiana Journal of Global Legal Studies
Increasingly, the efficacy of human rights, international norms, and commercial standards is deposited in numbers as measures of social and financial value. Taking the form of indicators, goals, and targets, these numbers are active participants in the everyday practices through which the law is constituted around the world. This paper examines the normative ability of percentages as numeric devices that transform measures of value across legal domains. The paper draws on two examples: a) the generation of indicators by NGOs promoting the Human Right to Water, and b) the technical work of regulators attempting to regulate water prices to follow …