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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)
- Access to Justice; Pro Se Litigation; Federal Courts; Empirical Legal Studies (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)
- 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)
- Metoo; Defamation; Vigilantism (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)
- 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)
- 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)
Articles 1 - 6 of 6
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 …
Social Media Vigilantism, Joanne Sweeny
Social Media Vigilantism, Joanne Sweeny
Brooklyn Law Review
One of the most well-reported consequences of the #MeToo movement is the ramifications it has had for powerful men accused of engaging in sexual assault or harassment. As part of telling their stories, women (and some men) named their abusers, leading, in some cases, to their alleged abusers suffering legal repercussions. But, much more commonly, legal repercussions never follow, often due to the expiration of the statute of limitations for the crimes committed by the abuser. Instead, social or employment consequences were the only negative impact felt by these abusers. Still, the backlash against #MeToo includes the complaint that these …
The Pro Se Gender Gap, Roger Michalski
The Pro Se Gender Gap, Roger Michalski
Brooklyn Law Review
This article is the first to identify, name, and empirically measure the pro se gender gap. Drawing on a massive dataset of all federal civil dockets spanning ten years, it finds a 2-to-1 gender imbalance. For every federal woman pro se litigant there are two males. This finding is robust and stable. It holds true for plaintiffs, defendants, and other parties. It is also true across most subject areas, time, length of litigation, and across states, districts, and circuits. The study excludes prisoner-rights and habeas petitions–including them would widen the gender gap even further. This gender gap reveals a troubling …