Law Commons^™

Theorizing Sexual Violence Against Men In The Middle East And North African Region As Gender-Related Persecution Under Refugee And Asylum Law, Valorie K. Vojdik

Book Chapters

No abstract provided.

Protecting Women's Rights? Prospects Under The Un Human Rights Treaty System: A Case Study On India 2005-2017, Deepali

LLM Theses

The establishment of the United Nations Treaty System was the fundamental step for the protection and enforcement of women’s rights. The system is designed to monitor the human rights standards in countries that have ratified the treaties, called state parties. However, the system is facing several challenges that have compromised its effective working for the protection and enforcement of women’s rights. The thesis seeks to explain the challenges to the effective working of the system, that is, why the system does not work as designed in protecting women’s rights against three specific issues: domestic violence, sexual trafficking, and reproductive rights. …

Recognizing Women's Rights At Work: Health And Women Workers In Global Supply Chains, Erika George, Candace D. Gibson, Rebecca Sewall, David Wofford

Utah Law Faculty Scholarship

In 2002, shortly after Paul Hunt was named as the first UN Special Rapporteur on the right to health, he presented his vision for promoting the right to health as a fundamental human right, clarifying the content of this right and identifying good practices at the community, national, and international levels. His vision remains true today for women’s health at the workplace in global supply chains. In an era where women and families must often migrate to find work, leaving behind their homes and support networks, the workplace can be a site where they can access resources and information to …

The Unintended Consequences Of The International Women's Movement: Medicalizing Rape In The Democratic Republic Of Congo, Faye N. Forman

Senior Projects Spring 2016

The legal advancements made by western feminists from the 1960s continuing today mark a distinct shift for both the women's movement and mainstream radical feminist philosophy. This project examines the unintended consequences of the rise of the international women's movement as American feminists brought the law to bear as the primary instrument for reform to eradicate rape and violence against women. As contemporary political scholars demonstrate, legal remediation further codifies gender inequality and protective tropes that sexualize women's injury. Chapter 2 and 3 examines the intensified feminist efforts to criminalize domestic abuse at an international level, first at the United …

Anatomy Of An Uprising: Women, Democracy, And The Moroccan Feminist Spring, Karla M. Mckanders

Vanderbilt Law School Faculty Publications

During the Arab Spring, Moroccan men and women first took to the streets on February 20, 2011 to demand governmental reforms. Their movement became known as the Mouvement du 20-Février. In a series of protests, Moroccans called for democratic change, lower food prices, freedom for Islamist prisoners, and rights for the Berber people. Initially, King Mohammad VI attempted to suppress the movement. When this approach did not succeed, in a televised speech, the King agreed to reform the government. In June 2011, the constitutional committee proposed changes that would reduce the King’s absolute powers, implement democratic reforms, and create a …

The Arab Spring: Endgames As Framing Battle, Colm Campbell

Human Rights & Human Welfare

The narrative of the Arab Spring (including the Syrian uprising) in the mainstream media appears clear and linear: a cruel dictator is challenged in a series of street demonstrations that rapidly coalesce to become a popular uprising. The dictator resorts to increasingly brutal repression, but this fails to end the challenge. Within a relatively short time the dictator is overthrown. Elections within a reasonable period are announced, promising the creation of a democracy that is representative not only of the protest movement, but of society as a whole. Raghida Dergham's Huffington Post article largely reflects this perspective, drawing attention to …

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 …

The Irony Of Refuge: Gender-Based Violence Against Female Refugees In Africa, Liz Miller

Human Rights & Human Welfare

The Sudanese soldiers and the Janjawid invaded her village. When she tried to escape, they gang-raped her. At that time, she was eight months pregnant and described giving birth to a dead baby afterward and being very sick. She could not make it with her group to the border to flee to Chad so she had to walk alone. Once she got to Chad, she was raped by a Chadian soldier outside of the camp and became pregnant. Afterwards, her husband divorced her, and she now lives with the stigma of being a rape victim. She has been expelled from …

Introduction: Minority Rights, Joel R. Pruce

Human Rights & Human Welfare

The central thread woven through this Digest is the concept of vulnerability. Minority status, broadly construed, represents a core characteristic that carries with it particular human rights implications. Historically, minorities are frequently targeted for exploitation and scapegoated when things go badly. Without the capacity to protect themselves and without spokespersons to stand with them in solidarity, minority groups are specifically susceptible to gross exercises of power and abuse and too often denied access to channels through which to make claims and demand redress. Violations of minority rights are commonly structural in nature, as discriminatory practices are built into political and …

Latin America’S Indigenous Women, Courtney Hall

Human Rights & Human Welfare

Latin America’s indigenous women are as diverse as the land they inhabit. Their uniqueness is shaped by belonging to groups that have their own distinct history, traditions, and identity. Yet despite this diversity, indigenous women confront the same human rights challenges: racial, gender, and socio-economic discrimination. Without ignoring the diversity of indigenous women, a better understanding of their fundamental struggles can be gained by weaving these issues together in a comprehensive narrative.

The Materialization Of Human Trafficking In The Middle East And Impediments To Its Eradication, Mindy Mann

Human Rights & Human Welfare

As a continental hub that connects Asia, Africa, and Europe, the Middle East offers a strategic location for the trafficking of persons from poor to richer states. Extreme poverty, coupled with the corporate and royal wealth of the Gulf States, creates a regional dichotomy in which Middle Eastern states serve as ‘source,’ ‘transit,’ and ‘destination’ countries for human trafficking. Discrepancies in defining human trafficking within the region, as well as the controversial and illicit nature of the practice, cause research to be sparse and with very few first-hand sources. Nevertheless, this paper examines available literature on the subject and addresses …

Bedouin Women In The Naqab, Israel: Ongoing Transformation, Marcy M. Wells

Human Rights & Human Welfare

Since its inception in 1948, the state of Israel has based development plans on an agenda of nation-building that has systematically excluded Palestinian Arab citizens such as the indigenous Bedouin. Policies of relocation, resettlement, and restructuring have been imposed on the Bedouin, forcing them from their ancestral lands and lifestyle in the Naqab (or Negev, as it is called in Hebrew) desert of southern Israel. The rapid and involuntary transition from self-sufficient, semi-nomadic, pastoral life to sedentarization and modernization has resulted in dependency on a state that treats the Bedouin as minority outsiders through unjust social, political, and economic structures. …

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 …

A Few Drops Of Oil Will Not Be Enough, Stephen James

Human Rights & Human Welfare

Nicholas Kristof and Sheryl WuDunn provide a rich description of the various kinds of violence, deprivation, depredation and exploitation that women experience on a vast scale in the developing world. They write of sex trafficking, acid attacks, “bride burning,” enslavement, spousal beatings, unequal healthcare (something the USA still struggles with), insufficient food, gendered abortions and infant and maternal mortality. They are right to identify the education of women and girls as part of the solution to the widespread “gendercide.” However, their approach focuses too much on the capacity, indeed the virtue or heroism, of individual women. It does not take …

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.

Violence In The House, Katherine Hite

Human Rights & Human Welfare

There was something particularly haunting in reading this Kristof and WuDunn piece during the week’s major US headlines: a girl in California had been imprisoned for eighteen years in the home of a man who kidnapped and raped her, fathered her children, and employed her in his small enterprise—a business card design and printing agency. Business clients interviewed for the story appeared completely taken aback. Clients had always found the now twenty-nine-year-old Jaycee Dugard “professional, polite, and responsive” as well as “creative and talented in her work.” Others expressed similar shock, recounting that Ms. Dugard “was always smiling.” Ms. Dugard’s …

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.

Moving Beyond Divisive Discourse: Latin American Women In Politics, Ursula Miniszewski

Human Rights & Human Welfare

On June 25, 1993 the United Nations General Assembly held the World Conference on Human Rights, which adopted the Declaration and Programme of Action that states, “The human rights of women and of the girl-child are an inalienable, integral and indivisible part of universal human rights. The full and equal participation of women in political, civil, economic, social and cultural life, at the national, regional and international levels, and the eradication of all forms of discrimination on grounds of sex are priority objectives of the international community.” On September 18, 2008 The New York Times quoted Senator Cecilia López Montaño …

Revisiting Human Rights In Latin America: Introduction, Christina Cerna

Human Rights & Human Welfare

This Topical Research Digest on revisiting human rights in Latin America covers a wide range of subjects, both country specific and thematic, but has as its underlying theme the necessary protection of the human rights of vulnerable groups, whether they are women, children, lesbians, gay men, indigenous peoples, landless peasants, etc. This survey of literature on revisiting human rights in Latin America includes a rich selection of documents from international organizations, international human rights non-governmental organizations (NGOs) and a plethora of American and foreign journals.

Violated: Women’S Human Rights In Sub-Saharan Africa, Kathryn Birdwell Wester

Human Rights & Human Welfare

In contemporary sub-Saharan Africa (SSA), women are facing human rights abuses unparalleled elsewhere in the world. Despite the region’s diversity, its female inhabitants largely share experiences of sexual discrimination and abuse, intimate violence, political marginalization, and economic deprivation.

Exploring Universal Rights: A Symposium, Jamie Mayerfeld, Brooke Ackerly, Henry Shue, Jack Donnelly, Kok-Chor Tan, Charles Beitz

Human Rights & Human Welfare

A review of:

Which Rights Should Be Universal? by William J. Talbott. New York, NY: Oxford University Press, 2005. 232pp.

The United States As Global Sheriff: Using Unilateral Sanctions To Combat Human Trafficking, Janie Chuang

Articles in Law Reviews & Other Academic Journals

In recent years, the issue of human trafficking - the recruitment or movement of persons by means of coercion or deception into exploitative labor or slavery-like practices - has moved from the margins to the mainstream political agenda. The rapid proliferation of international, regional and domestic anti-trafficking laws bespeaks universal condemnation of the practice, but belies deep divisions among States over how to define and approach the problem. It is thus significant that the international community was able to reach consensus and conclude a new international law on trafficking - the Palermo Protocol. But just weeks before the signing of …