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- Abortion; termination of pregnancy; federalism; constitutionalism; constitution; constitutional law; religion; religious fundamentalism; evangelical Christianity; Catholicism; human rights; Ireland; United States; United Kingdom; France; International Covenant on Civil and Political Rights; ICCPR; European Convention on Human Rights; ECHR; female bodily autonomy; Protection of Life During Pregnancy Act; PLDPA; Eighth Amendment of the Irish Constitution; feminism; politics; political ideology (1)
- Aiming at the Abolition of the Death Penalty; African Charter on the Rights and Welfare of the Child; African Charter on Human and Peoples’ Rights (Banjul Charter); Organization of African Unity (OAU); African Union (AU); UN Convention on the Rights of the Child; Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa (Maputo Protocol); Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW); freedom (1)
- Canada; Ghana; United States; LGBTQ+; Conversion Therapy; Religious Conversion Therapy; Sexual Orientation and Gender Identity Change Efforts; Lesbian; Gay; Bisexual; Transgender; Queer; 2-Spirit; Intersex; Homosexuality; Sexuality; Sexual Orientation; Gender Identity; Gender Expression; Gender Binary; Gender-Based Discrimination; Anti-LGBTQ+; Homophobia; Transphobia; LBGTQ+ Rights; Human Rights; International Human Rights; The Criminal Offenses Act (1960) (Ghana); The Promotion of Proper Human Sexual Rights and Ghanaian Family Values Bill; Bill C-6 An Act to Amend the Criminal Code (Conversion Therapy); Bill C-4 An Act to Amend the Criminal Code (Conversion Therapy); The Prohibition of Medicaid Funding for Conversion Therapy Act (2019); The Therapeutic Fraud Prevention Act (2021) (1)
- Inhuman or degrading punishment; mischief; trauvaux préparatoires; constitutionality of the death penalty; foreign comparative law; international authorities; foreign authorities; public international law; amicus brief; pro deo system; UN Human Rights Committee; cultural practices; minimum age for marriage; customary law union; purposive interpretation; locus standi; unconstitutional legislation; mala fide; girl child; girl children; jus cogens (1)
- Justice and peace; equal rights; equality; slavery; servitude; honor and reputation; civil and political rights; economic (1)
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- Male guardianship; Saudi Arabia; Mohammed bin Salman al Saud; MbS; women; women’s rights; absolute monarchy; authoritarian government; human rights abuses; silenced activists; discrimination in legal system; geopolitical dynamics; geopolitics; Middle East. (1)
- Religious Exemptions (1)
- Social and Cultural Rights; ICESCR; European Convention on Human Rights; ECHR; Convention on the Elimination of All Forms of Discrimination Against Women-CEDAW-AKP (1)
- Social and Cultural Rights; Optional Protocol to the International Covenant on Civil and Political Rights; Second Optional Protocol to the International Covenant on Civil and Political Rights (1)
- Social and cultural rights; binding instrument; hortatory instrument; treaty; domestic legal system; International Bill of Human Rights; female genital mutilation (FGM); UN Charter; UN High Commissioner for Human Rights; women; children; religious minorities; ethnic minorities; justiciable rights; domestic courts; monist theory; dualist theory; civil law; Roman law; international custom; international customary law; Roman-Dutch civilian law; mixed legal system; common law; foreign law; Bill of Rights; International Court of Justice (ICJ); African Commission on Human and Peoples’ Rights (ACHPR); child marriage; bicameral legislature; independent judiciary; free press; civil society; due process; constitutionalism; governing architecture; interpretative principle; interpretive principle; internationalization; constitutional law; peaceful coexistence; International Criminal Court (ICC); Rome Statute; note verbale; separation-of-powers regime; fidelity to the rule of law; political pluralism; human rights jurisprudence; discrimination against women; State Party; States Parties; substantive justice; stare decisis; obiter dicta; customary law; statutory interpretation; judge-made law; schematic method of interpretation; teleological method of interpretation; Grundnorm; death penalty; murder; cruel (1)
- South Africa; apartheid; post-apartheid; constitution; South African Constitution; African National Congress; ANC; A Bill of Rights for a New South Africa; discrimination; sexual orientation; sexuality; gay; gay rights; LGBT; LGBTQ; women; Women's Section; Constitutional Committee; bill of rights; draft Bill of Rights; multi-party democracy; democracy; Albie Sachs; Mayibuye Archives; ANC National Committee; NEC (1)
- Turkey; Istanbul Convention; Council of Europe Convention on Preventing and Combatting Violence Against Women and Domestic Violence; Domestic violence; Domestic abuse; Sexual violence; Gender-based violence; Council of Europe; Recep Tayyip Erdoğan; President Erdoğan; Group of Experts on Action against Violence against Women; GREVIO; Human rights; Melek Ipek; Nahide Opuz; Gender stereotypes; Gender-based education; European Court of Human Rights; Women’s rights movement; International Covenant on Economic (1)
- U.N.; United Nations; Human Rights; Gender-Based Violence; Gender; State Responsibility; U.N. Peacekeeping; Central African Republic; CAR; Status of Force Agreements; Peacekeeper Misconduct; Armed Conflict; Sex Crimes; Rape; Jurisdiction; Prosecuting; Peacekeeping Mission; Troop Contributing; Séléka; Resolution 2127; Violence Against Women; Women's Rights; U.N. Department of Peacekeeping Operations; DPKO; Codes of Conduct; Military Personnel; Soldier Conduct; Sexual Violence; Peacekeeping Accountability; U.N. Truce Supervision Organization; UNTSO; African Union; AU; United Nations Multidimensional Integrated Stabilization Mission in Central African Republic; MINUSCA; International Criminal Court; ICC (1)
- United Nations; UN General Assembly; League of Nations; UN Charter; international human rights instruments; human rights; fundamental freedoms; international law; peace and security; African courts; Universal Declaration of Human Rights; International Covenant on Civil and Political Rights; International Covenant on Economic (1)
- World Economic Forum; Global Gender Gap; Labor Force Participation; wage equality; Economic Participation; Gender Parity; GDP; United States; New York State; United Kingdom; Family and Medical Leave Act of 1993; FMLA; Employer Levy; Disability Insurance; Employment Law; Paid Parental Leave; Paid Family Leave; Maternity Leave; Paternity Leave; Index; Model; Pregnancy; Remuneration; Duration; Treaties; ILO; United Nations; Conventions; GDP; Discrimination; Gender Identities; Statutory Maternity Pay; Economic; Benefits; State; Federalism; Women; Mothers; Parents; Fathers (1)
Articles 1 - 8 of 8
Full-Text Articles in Law
Freedom On Paper: Reforms To Women’S Rights In Saudi Arabia Will Not Be Effective Until Male Guardianship Is Abolished, Mackenzie Kramer
Freedom On Paper: Reforms To Women’S Rights In Saudi Arabia Will Not Be Effective Until Male Guardianship Is Abolished, Mackenzie Kramer
Brooklyn Journal of International Law
Male guardianship, a societal custom derived from Islamic law, renders women in Saudi Arabia second class citizens. The country’s preservation of male guardianship has broken its agreement to adhere to the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), the leading international women’s rights treaty. Throughout the past decade the country’s Crown Prince, Mohammed bin Salman al Saud (“MbS”), has issued rulings that work to slowly dismantle the apparatus of male guardianship. These developments have been both meaningful and restrained; MbS attempts to tread lightly into human rights reforms to garner the support of western allies, …
The Gospel Of Federalism: How The Deification Of Political Ideology Impedes The United States’ Abortion Law Scheme, Nicole Jakobson
The Gospel Of Federalism: How The Deification Of Political Ideology Impedes The United States’ Abortion Law Scheme, Nicole Jakobson
Brooklyn Journal of International Law
In 2022, the United States Supreme Court decided Dobbs v. Jackson Women’s Health Organization, which ended the federal abortion protection established under Roe v. Wade. The Court reasoned that abortion restriction is properly regulated by state governments, and thus a federal abortion law scheme is unconstitutional. In substance, the Court was safeguarding the enduring political and legal principle of federalism. This Note draws a comparison between the United States’ treatment of federalism and foreign jurisdictions’ treatment of religion within the context of abortion. This Note argues that the United States’ preoccupation with federalism is analogous to appeals to religion in …
African Courts And International Human Rights Law, John Mukum Mbaku
African Courts And International Human Rights Law, John Mukum Mbaku
Brooklyn Journal of International Law
The UN General Assembly adopted the Universal Declaration of Human Rights in 1948 and since then, the international community, with the help of the United Nations, has adopted other international human rights instruments designed to recognize and protect human rights. Since international human rights instruments do not automatically confer rights that are justiciable in domestic courts, each African country must domesticate these instruments in order to create rights that are justiciable in its domestic courts. Given the fact that many African countries have not yet domesticated the core international human rights instruments, international human rights law’s ability to positively impact …
A Not-So Turkish Delight: The Implications Of Turkey’S Unprecedented Withdrawal From A Groundbreaking Women’S Rights Treaty And The Need For International Reform, Allyssa Myers
Brooklyn Journal of International Law
Domestic violence against women is one of the most pervasive and pressing international issues of our time. There have been multiple international human rights treaties enacted to address this issue and move to end gender-based violence—the Council of Europe Convention on Preventing and Combatting Violence Against Women and Domestic Violence (Istanbul Convention) being one. Created in 2011, the Istanbul Convention sought to provide an international legal framework for how states should work toward eradicating gender-based violence. Turkey, the first country to sign and to subsequently ratify the Istanbul Convention, unprecedently withdrew from the Convention in 2021. Turkish President Recep Tayyip …
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 …
Looking To The United Kingdom To Overhaul New York State’S Paid Family Leave Law And Close The Global Gender Gap, John Pietruszka
Looking To The United Kingdom To Overhaul New York State’S Paid Family Leave Law And Close The Global Gender Gap, John Pietruszka
Brooklyn Journal of International Law
The World Economic Forum estimates that mitigating gender-based disparities in the area of economic participation could lead to substantial economic benefits for the global economy. However, the international system of sovereign states requires this effort be piecemeal, as each state must set priorities to achieve greater gender parity within its own economic, political, and cultural contexts. The United States, by virtue of being the largest economy in the world by nominal GDP, undoubtedly has one of the largest roles to play in the effort to mitigate this global problem. Nonetheless, it lags behind other nation-states in several key areas that …
Roots Of Revolution: The African National Congress And Gay Liberation In South Africa, Joseph S. Jackson
Roots Of Revolution: The African National Congress And Gay Liberation In South Africa, Joseph S. Jackson
Brooklyn Journal of International Law
South Africa’s post-apartheid constitutions were the first in the world to contain an explicit prohibition of discrimination on grounds of sexual orientation, and that prohibition established the foundation for marriage equality and broad judicial and legislative protection of gay rights in South Africa. The source of this gay rights clause in the South African Constitution can be found in the African National Congress’s decision to include such a clause in the ANC’s A Bill of Rights for a New South Africa, published when the apartheid government of South Africa was still in power. This article traces the story of that …
Prosecuting U.N. Peacekeepers For Sexual And Gender-Based Violence In The Central African Republic, Sophia Genovese
Prosecuting U.N. Peacekeepers For Sexual And Gender-Based Violence In The Central African Republic, Sophia Genovese
Brooklyn Journal of International Law
Women and children living in armed conflict are amongst the most vulnerable populations at-risk of sexual and gender-based violence. When U.N. peacekeepers arrive to help dispel conflict; these populations believe that the soldiers in blue helmets will protect them. Instead; hundreds of women and children in the Central African Republic have reported being raped and sexually violated by U.N. peacekeepers. Despite compelling evidence to validate these claims; U.N. peacekeepers who commit these crimes are seldom held accountable. This Note discusses how to hold U.N. peacekeepers accountable for their human rights violations. This Note argues that troop-contributing countries should retain responsibility …