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Fordham Law School

2011

Human rights

Articles 1 - 3 of 3

Full-Text Articles in Law

Elusive Empowerment: Compensating The Sex Trafficked Person Under The Trafficking Victims Protection Act, Theodore R. Sangalis Oct 2011

Elusive Empowerment: Compensating The Sex Trafficked Person Under The Trafficking Victims Protection Act, Theodore R. Sangalis

Fordham Law Review

Globally, hundreds of thousands-perhaps millions-are being forced or coerced into commercial sex acts. In the United States, this sex trafficking problem has become a lucrative illegal industry, and it is quickly growing. In response, Congress passed the Trafficking Victims Protection Act of 2000 (TVPA) to eradicate the industry by prosecuting the perpetrators, protecting the victims, and preventing the practice. Through several reauthorizations, one federal strategy that has emerged is compensating the victims through mandatory criminal restitution and civil remedies. Collection of restitution damages has been lacking, however, and no civil suit filed for sex trafficking survivors has reached the merits. …


To Transfer Or Not To Transfer: Identifying And Protecting Human Rights Interests In Non-Refoulment, Vijay Padmanabhan Oct 2011

To Transfer Or Not To Transfer: Identifying And Protecting Human Rights Interests In Non-Refoulment, Vijay Padmanabhan

Fordham Law Review

Human rights law imposes upon States an absolute duty not to transfer an individual to another State where there are substantial grounds for believing he or she will be tortured or subjected to cruel, inhuman, or degrading treatment. This protection, called non-refoulement, emanates from a theory of human rights that recognizes rights fulfillment requires States to protect those within their jurisdiction from rights violations perpetrated by third parties, including other States. Generally human rights law recognizes that resource constraints and/or competing rights restrict protection duties. But such limitations have not been recognized in the non-refoulement context. In recent years the …


A Conversation Without End: Human Rights Law In Perspective?, Colin Harvey Sep 2011

A Conversation Without End: Human Rights Law In Perspective?, Colin Harvey

Res Gestae

No abstract provided.