Law Commons^™

The Low-Hanging Fruit: Health, Rights, And The Commission, Bright Nkrumah

Washington and Lee Journal of Civil Rights and Social Justice

The year 2022 marked the 35th anniversary of the African Commission on Human and Peoples’ Rights. As it is a custom in many communities, when one reaches this milestone, it is an opportune time to introspect and reflect on the successes and challenges encountered in one’s journey. It is this template that the paper adopts to measure the prospects and setbacks of the African Commission in the advancement of the right to health. The Article argues that while the body remains the poster child of the continent’s human rights architecture, its inability to clearly articulate how states ought to advance …

Is A Duty To Pay Tax Inherent In Affirmations Of Human Rights?, Jonathan M. Barrett

Washington and Lee Journal of Civil Rights and Social Justice

The United Nations’ Universal Declaration of Human Rights 1948 (the Universal Declaration), as the preeminent statement of human rights, informs numerous cognate covenants and declarations of rights, and charters of rights included in national constitutions. Unlike the rights declarations of the Enlightenment, the Universal Declaration affirms broad welfare rights, in addition to civil and political rights. No right or set of rights is superior to another; they are indivisible, interdependent and interrelated.

Declarations of rights may also include duties. The Organization of American States’ American Declaration of the Rights and Duties of Man 1948 (“the American Declaration”), for example, includes …

International Rights Affecting The Covid–19 Vaccine Race, Samantha Johnson

University of Miami Inter-American Law Review

The impact of the COVID–19 pandemic has been felt world-wide, and despite having several vaccines in the market at this point, there are still issues of accessibility for certain countries. International intellectual property law has been a breeding ground for the exploration of intellectual curiosity and creation as it provides strong protections to creators. These strong protections have allowed for the monopolization of certain goods, such as vaccines, under the concept of patents. While patents are important to incentivize pharmaceutical companies to create life–saving medicines, these protections have also become a barrier for access to medicines, especially in less–developed countries. …

Why Reproductive Health Rights Should No Longer Be A Partisan Issue: A Call To Invest In Family Planning, Sofia Waterhouse

University of Miami Inter-American Law Review

The concepts of family planning and reproductive health rights are often obscured by the controversy that surrounds the topic of abortion. This controversy has substantially impacted the U.S.’s outlook on reproductive health rights and its support toward family planning organizations, often limiting funding and aid depending on each administration’s political views. While international law has recognized the importance of reproductive health rights and the necessity of family planning programs, the U.S. continues to fall be-hind when it comes to promoting such rights. This article calls for a bipartisan effort to end these regressive and harmful anti–abortion policies so that the …

Taxonomy And Restorative Justice: Can We Even See The Problem?, Dominique Day

Journal of Race, Gender, and Ethnicity

No abstract provided.

Reclaiming Refugee Rights As Human Rights, Roni Amit

Pace International Law Review

On April 5, 2019, PILR held their triennial symposium titled: Revisiting Human Rights: The Universal Declaration at 70. As a reflection of the event, a few panelists composed contribution pieces reflecting on the topic.

The Human Rights Movement And The Prevention Of Evil: The Need To Look Inward As Well As Out, Jeffrey A. Brauch

Catholic University Law Review

The modern human rights movement began as a response to great evil perpetrated by individuals and nations against others during and preceding World War II. The movement has been dedicated to protecting the rights of individuals by confronting evil and holding nations accountable should efforts to prevent it fail.

This article contends that while the human rights movement is good at confronting evil “out there,” it has failed in important ways to recognize flaws within itself. In particular, it displays a hubris that shows itself in two ways. First, the movement has embraced a utopian expansion of rights to be …

The Uncertain Future Of Australia’S Pacific Solution, Chandra Roam

San Diego International Law Journal

The plight of a refugee is one that many of us will never understand. However, the ugly truth is that there is a global rise in the number of displaced persons seeking asylum. By the end of 2015, the number of displaced persons surpassed post World War II numbers, prompting developed nations around the world to enforce, amend, or implement policies targeted at controlling the flood of refugees at their borders. This Comment examines the policies of Australia, a nation that has had strict immigration policies in place for decades. Specifically, it discusses the Australian stance on refugee migration and …

Refugees In The European Union: The Harsh Reality Of The Dublin Regulation, Lana Maani

Notre Dame Journal of International & Comparative Law

The refugee crisis is a highly contested and controversial issue. The world, and specifically Europe, has seen a rapid increase in the number of refugees applying for asylum. In fact, the European Union (“EU”) has received well over one million refugees: the highest number of refugees since the Second World War. The crisis is testing the EU’s main building blocks, including, most importantly, its Member States’ notion of an ever-closer union. Some Member States have been more responsive to the crisis than others. For example, Germany is the highest refugee hosting country in the EU. On the other hand, Hungary …

50 Years Was Too Long To Wait: The Syrian Refugee Crisis Has Highlighted The Need For A Second Optional Protocol To The 1951 Convention Relating To The Status Of Refugees, Yvonne S. Brakel, Rachel E. Kester, Samantha L. Potter

University of Arkansas at Little Rock Law Review

No abstract provided.

Why We Must Oppose The Full Decriminalization Of Prostitution, Taina Bien-Aime

Dignity: A Journal of Analysis of Exploitation and Violence

No abstract provided.

Human Rights Law And Racial Hate Speech Regulation In Australia: Reform And Replace?, Dr. Alan Berman

Georgia Journal of International & Comparative Law

No abstract provided.

The Failure Of The Universal Declaration Of Human Rights, Jacob Dolinger

University of Miami Inter-American Law Review

The UN Human Rights Commission dedicated over two years to the drafting of the Universal Declaration of Human Rights, which was approved by the General Assembly in 1948.

The underlying reason for the Declaration was the genocide executed by Hitler’s Nazi Germany against the Jewish people throughout Europe during the Second World War. The fundamental mistake of the Commission was that the persecution by the Nazis was not directed against individual persons, but against an entire people, whereas the Declaration deals exclusively with the rights of the individual human being, no reference whatsoever made in the document to collectivities.

Moreover, …

Child Marriage In Yemen: A Violation Of International Law, Elizabeth Verner

Georgia Journal of International & Comparative Law

No abstract provided.

Analyzing U.S. Commitment To Socioeconomic Human Rights, Philip C. Aka

Akron Law Review

This Article critiques the U.S. government’s approach to human rights. In particular, it assesses U.S. commitment to socioeconomic human rights. These guarantees encompass, among others, the right to work, including the securement of favorable conditions of work through participation in trade union activities, the right to social security, the right to food, the right to education, the right to adequate health care, and the right to housing, along with the general right to be free from extreme poverty. These rights were inspired by the Universal Declaration, and elaborated by the International Covenant on Economic, Social and Cultural Rights (ICESCR). This …

Filartiga V. Pena-Irala: Comments On Sources Of Human Rights Law And Means Of Redress For Violations Of Human Rights, Gabriel M. Wilner

Georgia Journal of International & Comparative Law

No abstract provided.

Conscientious Objection To Military Service: A Report To The United Nations Division Of Human Rights, Jonathan M. Engram

Georgia Journal of International & Comparative Law

No abstract provided.

Coping With Non-International Armed Conflicts: The Borderline Between National And International Law, Bart De Schutter, Christine Van De Wyngaert

Georgia Journal of International & Comparative Law

No abstract provided.

The Status Of The Universal Declaration Of Human Rights In National And International Law, Hurst Hannum

Georgia Journal of International & Comparative Law

No abstract provided.

Human Rights And State "Sovereignty", Louis Henkin

Georgia Journal of International & Comparative Law

No abstract provided.

The Growing Importance Of Customary International Human Rights Law, Richard B. Lillich

Georgia Journal of International & Comparative Law

No abstract provided.

Restrictions On Humanitarian Aid In Darfur: The Role Of The International Criminal Court, Mominah Usmani

Georgia Journal of International & Comparative Law

No abstract provided.

Official, National, Common Or Unifying: Do Words Giving Legal Status To Language Diminish Linguistic Human Rights?, Paul C. Hale

Georgia Journal of International & Comparative Law

No abstract provided.

The Role Of The Judiciary In The European Union's (De)Segregation Of Roma Students, Lindsey M. Green

Georgia Journal of International & Comparative Law

No abstract provided.

Public Sector Labor Policy: A Human Rights Approach, Robert Hebdon

Nevada Law Journal

No abstract provided.

In The Interests Of Justice: Human Rights And The Right To Counsel In Civil Cases, Martha F. Davis

Touro Law Review

This report examines the international human rights treaties binding on the United States as well as other non-binding international human rights documents to ascertain the status of the right to counsel in civil cases, the so-called "Civil Gideon" right. The United Nations treaty monitoring bodies responsible for the International Covenant on Civil and Political Rights and the Convention on the Elimination of All Forms of Racial Discrimination have both indicated that legal assistance may be required to ensure fairness in civil cases. The Charter of the Organization of American States, to which the United States is a party, goes farther …

Identity And The Sexual Minority Refugee: A Discussion Of Conceptions And Preconceptions In The United Kingdom And Ireland, Samantha K. Arnold

Human Rights Brief

No abstract provided.

Targeting Demand: A New Approach To Curbing Human Trafficking In The United States, Morgan Brown

Richmond Journal of Global Law & Business

No abstract provided.

Pakistan’S Failed Commitment: How Pakistan's Institutionalized Persecution Of The Ahmadiyya Muslim Community Violates The International Covenant On Civil And Political Rights, Qasim Rashid

Richmond Journal of Global Law & Business

The United Nations (“UN”) adopted the International Covenant on Civil and Political Rights (“ICCPR”) in 1966 and officially implemented it in 1976 to ensure, among other guarantees, that no human is denied his or her right to equal voting, freedom of political association, due process of law, freedom of life, freedom of religion, freedom of speech, and freedom of assembly. The Islamic Republic of Pakistan is among 166 nations that have signed and ratified the ICCPR. Since signing the ICCPR in 2008 and ratifying it in 2010, however, Pakistan has perpetuated state-sanctioned and violent persecution of religious minority groups such …

Misuse And Abuse Of Legal Argument By Analogy In Transjudicial Communication: The Case Of Zaheeruddin V. State, Amjad Mahmood Khan

Richmond Journal of Global Law & Business

This article explores the risks and limits of transjudicial communication. In particular, I critique the scholarly contention that transjudicial communication can be built upon commonly accepted methods of legal reasoning. I argue that transnational courts do not uniformly understand or apply commonly accepted methods of legal reasoning, especially legal argument by analogy. As a result, transnational courts that utilize transjudicial communication can and do render specious, even destructive, judicial opinions. I analyze the case of Zaheeruddin v. State—a controversial decision by the Supreme Court of Pakistan that upheld the constitutionality of Pakistan’s antiblasphemy ordinances. The Supreme Court of Pakistan poorly …