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Articles 1 - 17 of 17
Full-Text Articles in Law
Outcome Report Of Roundtable On Human Rights Impact Assessments (Hrias) Of Large-Scale Foreign Investments, Columbia Center On Sustainable Investment
Outcome Report Of Roundtable On Human Rights Impact Assessments (Hrias) Of Large-Scale Foreign Investments, Columbia Center On Sustainable Investment
Columbia Center on Sustainable Investment Staff Publications
CCSI, the Sciences Po Law School Clinic, and the Columbia Law School Human Rights Institute recently published an outcome document of a one-day roundtable focused on the opportunities and challenges presented by human rights impact assessments (HRIAs) of large-scale foreign investments. The roundtable, which was held in April 2014 at Columbia University, provided an opportunity for collaborative reflection on the development of HRIAs, as well as on ways to enhance HRIAs as a framework and tool for both human rights advocacy and human rights risk management in respect of foreign investments.
By sharing the outcomes of the roundtable, this document …
Meeting Summary Of Colloquium On Policy, Law, Contracts, And Sustainable Development, Columbia Center On Sustainable Investment
Meeting Summary Of Colloquium On Policy, Law, Contracts, And Sustainable Development, Columbia Center On Sustainable Investment
Columbia Center on Sustainable Investment Staff Publications
In November 2014, CCSI and the Institute for Human Rights and Business co-convened a colloquium on policy, law, contracts, and sustainable development, with a particular focus on large-scale investments in the extractive industries and the agriculture sector. The colloquium provided an opportunity for practitioners to share information on their related work, as well as to reflect on current practices and remaining gaps regarding efforts to embed sustainability and human rights into large-scale deals. This outcome document provides a summary of the discussion, while its annex includes information on participants’ relevant programs, initiatives, and tools.
Toward Win-Win Sustainable Development, Linda Moon
Toward Win-Win Sustainable Development, Linda Moon
Columbia Center on Sustainable Investment Staff Publications
An interview with Lisa Sachs, Director of the Columbia Center on Sustainable Investment.
The Need For Comprehensive Federal Outreach And Mechanisms To Support State And Local Implementation Of The Convention, Human Rights Institute, International Association Of Official Human Rights Agencies (Iaohra)
The Need For Comprehensive Federal Outreach And Mechanisms To Support State And Local Implementation Of The Convention, Human Rights Institute, International Association Of Official Human Rights Agencies (Iaohra)
Human Rights Institute
Compliance with the Convention Against Torture (“CAT”) requires effective federal coordination with, and education of, state and local governments. In ratifying the CAT, the United States indicated that state and local governments share authority to implement the treaty. This includes the over 150 state and local civil and human rights agencies that enforce federal, state and local human and civil rights laws and/or conduct research, training and education, and issue policy recommendations within the United States (“Human Rights Agencies”). It also includes the full array of state and local officials with decision-making and enforcement authority, including governors, state attorneys general, …
Domestic Violence & Sexual Assault In The United States: A Human Rights Based Approach & Practice Guide, Women's Rights Project, Human Rights Institute, Human Rights Clinic
Domestic Violence & Sexual Assault In The United States: A Human Rights Based Approach & Practice Guide, Women's Rights Project, Human Rights Institute, Human Rights Clinic
Human Rights Institute
This Guide provides an overview of human rights law’s approach to addressing gender-based violence. Section I distills the core human rights principles related to gender-based violence, focusing on the “due diligence” standard: a comprehensive framework to address human rights violations in a systemic and proactive manner, whether committed by private or governmental actors. Section II discusses the value added of human rights principles in the U.S. context, and identifies concrete ways to integrate core human rights principles into domestic policy. Section III describes seminal international law cases related to gender-based violence. Section IV concludes by offering several resources on human …
Columbia Law School Human Rights Institute Joins Delegation At United Nations For Review Of U.S. Human Rights Record, Human Rights Institute
Columbia Law School Human Rights Institute Joins Delegation At United Nations For Review Of U.S. Human Rights Record, Human Rights Institute
Human Rights Institute
New York, August 11, 2014 – This week, Columbia Law School’s Human Rights Institute (HRI) will travel to Geneva, Switzerland this week to participate in a significant review of the United States’ human rights record by the United Nations.
Abuse And Potential Misuse Of Resources In U.S. Terrorism Prosecutions, Human Rights Institute
Abuse And Potential Misuse Of Resources In U.S. Terrorism Prosecutions, Human Rights Institute
Human Rights Institute
New York, July 21, 2014 – Prosecutions of American Muslims for terrorism offenses are rife with abuse, the Columbia Human Rights Institute says in a new report released today and produced jointly with Human Rights Watch. The report, Illusion of Justice: Human Rights Abuses in US Terrorism Prosecutions, examines 27 federal terrorism cases, some involving aggressive sting operations and others amounting to overbroad prosecutions for material support of terrorism. It also documents the significant human cost of solitary confinement and other restrictive conditions of confinement in these cases.
Equal Access To Justice: Ensuring Meaningful Access To Counsel In Civil Cases, Including Immigration Proceedings, Human Rights Institute, Program On Human Rights And The Global Economy
Equal Access To Justice: Ensuring Meaningful Access To Counsel In Civil Cases, Including Immigration Proceedings, Human Rights Institute, Program On Human Rights And The Global Economy
Human Rights Institute
Only a small fraction of the legal problems experienced by low‐income and poor people living in the United States — less than one in five — are addressed with the assistance of legal representation. Many people who are low‐income and poor in the United States cannot afford legal representation to protect their rights when facing a crisis such as eviction, foreclosure, domestic violence, workplace discrimination, termination of subsistence income or medical assistance, loss of child custody, or deportation.
There is no federal constitutional right to counsel in civil cases, including in immigration proceedings. On the contrary, the Supreme Court has …
Challenging Juvenile Life Without Parole: How Has Human Rights Made A Difference?, Human Rights Institute
Challenging Juvenile Life Without Parole: How Has Human Rights Made A Difference?, Human Rights Institute
Human Rights Institute
Human rights standards and strategies play an important role in social justice legal advocacy in the United States. Human rights help frame new arguments, offer new venues for challenging existing policies and practices, provide opportunities for coalition-building, and afford new means to bring attention to rights violations. One example of human rights strategies at work in the U.S. is found in advocates’ efforts to end a practice unique to the United States: sentencing juveniles to life in prison without the possibility of parole.
The Need For Effective Federal Outreach And Mechanisms To Coordinate And Support Federal, State And Local Implementation Of The Convention, Human Rights Institute, International Association Of Official Human Rights Agencies (Iaohra)
The Need For Effective Federal Outreach And Mechanisms To Coordinate And Support Federal, State And Local Implementation Of The Convention, Human Rights Institute, International Association Of Official Human Rights Agencies (Iaohra)
Human Rights Institute
As this Committee has consistently recognized, compliance with the CERD requires effective coordination between federal, state, and local governments. In ratifying the CERD, the United States indicated that state and local governments share authority to implement the treaty. This includes the over 150 state and local civil and human rights agencies that enforce federal, state and local human and civil rights laws and/or conduct research, training and education, and issue policy recommendations within the United States (“Human Rights Agencies”). It also encompasses the full array of state and local officials with decision-making and enforcement authority, including governors, state attorneys general, …
The Tower Of Babel: Human Rights And The Paradox Of Language, Moria Paz
The Tower Of Babel: Human Rights And The Paradox Of Language, Moria Paz
Studio for Law and Culture
Key human rights instruments and leading scholars argue that minority language rights should be treated as human rights, both because language is constitutive of an individual’s cultural identity and because linguistic pluralism increases diversity. These treaties and academics assign the value of linguistic pluralism in diversity. But, as this article demonstrates, major human rights courts and quasi-judicial institutions are not, in fact, prepared to force states to swallow the dramatic costs entailed by a true diversity-protecting regime. Outside narrow exceptions or a path dependent national-political compromise, these enforcement bodies continuously allow the state actively to incentivize assimilation into the dominant …
Trading Away Human Rights, Kaitlin Y. Cordes, Olivier De Schutter
Trading Away Human Rights, Kaitlin Y. Cordes, Olivier De Schutter
Columbia Center on Sustainable Investment Staff Publications
Trade negotiators in Singapore recently failed to finalize a deal on the long-awaited Trans-Pacific Partnership; they will soon have another chance to complete what would be the world’s largest regional free-trade agreement. But, given serious concerns that the TPP will fail to consider important human-rights implications, that is no cause for celebration.
Access To Justice: Ensuring Meaningful Access To Counsel In Civil Cases, Human Rights Clinic
Access To Justice: Ensuring Meaningful Access To Counsel In Civil Cases, Human Rights Clinic
Human Rights Institute
In order to meet its human rights obligations, the federal government must work toward the establishment of the right to counsel for indigent litigants in civil cases, especially where basic human needs are at stake. Direct steps the federal government should take include: supporting research into the impact of providing counsel in civil cases; fully funding the Legal Services Corporation and lifting restrictions that prevent legal services lawyers from providing necessary services; intensifying the Acc,ess to Justice Initiative's activities with respect to civil legal services and providing it with the necessary leadership and resources; and filing supportive amicus briefs when …
Illusion Of Justice: Human Rights Abuses In Us Terrorism Prosecutions, Human Rights Watch, Human Rights Institute
Illusion Of Justice: Human Rights Abuses In Us Terrorism Prosecutions, Human Rights Watch, Human Rights Institute
Human Rights Institute
Terrorism entails horrifying acts, often resulting in terrible losses of human life. Governments have a duty under international human rights law to take reasonable measures to protect people within their jurisdictions from acts of violence. When crimes are committed, governments also have a duty to carry out impartial investigations, to identify those responsible, and to prosecute suspects before independent courts. These obligations require ensuring fairness and due process in investigations and prosecutions, as well as humane treatment of those in custody.
"The More Things Change ...": The World Bank, Tata And Enduring Abuses On India's Tea Plantation, Human Rights Institute
"The More Things Change ...": The World Bank, Tata And Enduring Abuses On India's Tea Plantation, Human Rights Institute
Human Rights Institute
Tea plantations in India employ more than a million permanent workers, and perhaps twice as many seasonal laborers. This makes the industry the largest private-sector employer in the country. But workers depend on plantations for more than just employment: millions of workers and their families live on the plantations, and rely on them for basic services, including food supplies, health care and education. Indian law has required plantation owners to provide these since the adoption of the Plantations Labour Act (PLA), soon after independence.
The Tata Group, one of India’s most powerful corporate entities, is also one of the most …
Toward A Legal Theory On The Responsibility To Protect, Monica Hakimi
Toward A Legal Theory On The Responsibility To Protect, Monica Hakimi
Faculty Scholarship
The idea of the "responsibility to protect" has received enormous attention in recent years-so much attention that it now goes simply by R2P. R2P posits that, when a state fails to protect its population from mass atrocities, the broader international community should step in to help. The vision here is of outside states banding together and doing everything possible to protect the at-risk population. But for all the attention this vision receives, its effect on international law or on the ultimate goal of protecting people from atrocities is unclear. This Article critiques that vision and offers an alternative. The Article …
Health Rights In The Balance: The Case Against Perinatal Shackling Of Women Behind Bars, Brett Dignam, Eli Y. Adashi
Health Rights In The Balance: The Case Against Perinatal Shackling Of Women Behind Bars, Brett Dignam, Eli Y. Adashi
Faculty Scholarship
Rationalized for decades on security grounds, perinatal shackling entails the application of handcuffs, leg irons, and/or waist shackles to the incarcerated woman prior to, during, and after labor and delivery. During labor and delivery proper, perinatal shackling may entail chaining women to the hospital bed by the ankle, wrist, or both. Medically untenable, legally challenged, and ever controversial, perinatal shackling remains the standard of practice in most US states despite sustained two-decades-long efforts by health rights legal advocates, human rights organizations, and medical professionals. Herein we review the current statutory, regulatory, legal, and medical framework undergirding the use of restraints …