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Drugs, Dignity And Danger: Human Dignity As A Constitutional Constraint To Limit Overcriminalization, Michal Buchhandler-Raphael
Drugs, Dignity And Danger: Human Dignity As A Constitutional Constraint To Limit Overcriminalization, Michal Buchhandler-Raphael
Scholarly Articles
This Article proposes a constitutional constraint to limit criminalization of victimless crimes and, particularly, to alleviate the pressures on the criminal justice system emanating from its continuous “war on drugs.” To accomplish this goal, the Article explores the concept of human dignity, a fundamental right yet to be invoked in the context of substantive criminal law. The U.S. Supreme Court’s jurisprudence invokes conflicting accounts of human dignity: liberty as dignity, on the one hand, and communitarian virtue as dignity, on the other. However, the Court has not yet developed a workable mechanism to reconcile these competing concepts in cases where …
The Convention On The Rights Of Persons With Disabilities: Reflection On Four Flaws That Tarnish Its Promise, Lucia A. Silecchia
The Convention On The Rights Of Persons With Disabilities: Reflection On Four Flaws That Tarnish Its Promise, Lucia A. Silecchia
Scholarly Articles
On December 13, 2006, the United Nations adopted the Convention on the Rights of Persons with Disabilities (“CRPD”). Widely touted as the “first comprehensive human rights treaty of the 21st century,” and effusively praised for its open negotiation process, the CRPD was opened for signature on March 30, 2007. The CRPD quickly entered into force on May 3, 2008. As it rapidly amassed signatories, the CRPD inspired great hope that its comprehensive approach would do much to overcome the consistent failure to promote the dignity of those with disabilities in meaningfully concrete ways.
The CRPD has garnered much recent and …