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Articles 1 - 3 of 3
Full-Text Articles in Law
Human Rights, Trans Rights, Prisoners’ Rights: An International Comparison, Tom Butcher
Human Rights, Trans Rights, Prisoners’ Rights: An International Comparison, Tom Butcher
Northwestern Journal of Law & Social Policy
In this Note, I conduct an international comparison of the state of trans prisoners’ rights to explore how different national legal contexts impact the likelihood of achieving further liberation through appeals to human rights ideals. I examine the United States, Canada, the United Kingdom, Australia, India, Argentina, and Costa Rica and show the degree to which a human rights framework has been successful thus far in advancing trans prisoners’ rights. My analysis also indicates that the degree to which a human rights framework is likely to be successful in the future varies greatly between countries. In countries that are hesitant …
Abandoning The Subjective And Objective Components Of A Well-Founded Fear Of Persecution, Grace Kim
Abandoning The Subjective And Objective Components Of A Well-Founded Fear Of Persecution, Grace Kim
Northwestern Journal of Law & Social Policy
Current asylum law requires that asylum seekers prove that they have a “well-founded fear of persecution.” However, a “well-founded fear”—the evidentiary standard in asylum cases—has remained ambiguous and difficult to apply in asylum cases. In Cardoza-Fonseca, the Supreme Court held that an asylum seeker can establish a well-founded fear with less than a 50% probability of future persecution. Although the Supreme Court sought to clarify the meaning of a well-founded fear, the decision has complicated the evidentiary standard by implying that it consists of two parts: the subjective component and objective component. The “subjective” component—the asylum seekers’ subjective fear …
Global Apathy And The Need For A New, Cooperative International Refugee Response, Emily Gleichert
Global Apathy And The Need For A New, Cooperative International Refugee Response, Emily Gleichert
Northwestern Journal of Law & Social Policy
While an increasing number of nations move toward isolationist, nationalist policies, the number of refugees worldwide is climbing to its highest levels since World War II. The United Nations High Commissioner for Refugees (UNHCR) is the international body tasked with protecting this population. However, the office’s traditional solutions for refugees – local integration, resettlement in a third country, and voluntary repatriation – have mostly eluded refugees who spend an average of twenty years in exile. The limitations UNHCR’s structure imposes on the office, specifically in its ability to fund its operations and compel nations to act, have contributed to its …