Law Commons^™

Gender And Human Rights, Lisa Weilminster

Human Rights & Human Welfare

Russia’s historical transition from a communist society to a system of democracy and free market practices has resulted in major social changes affecting the rights of men and women. Analysis of gender and human rights in Russia requires an evaluation of the changing social relations within post-Soviet society, which are shaped by the complex factors of ethnicity, economic class, gender norms, and the role of the state in shaping present gender inequities that hinder the realization of universal human rights. Looking particularly at how gender issues relate to changing identities, employment opportunities, health care and conditions, and public and private …

A System Of Wholesale Denial Of Rights, Michael E. Tigar

Faculty Scholarship

No abstract provided.

Unsafe In America: A Review Of The U.S.-Canada Safe Third Country Agreement, Andrew F. Moore

Santa Clara Law Review

No abstract provided.

Juvenile Enemy Combatants And The Juvenile Death Penalty In U.S. Military Commissions, Suzanne Farley

Santa Clara Law Review

No abstract provided.

Global Health And Human Rights Imperative, Patricia C. Kuszler

Articles

Open any magazine, click on a television news channel, or surf the net and you are likely to find global health highlighted as one of the foremost challenges of new millennium. First, this article will consider the meaning and measures of global health and detail the path to improved health and development prescribed by the United Nations Millennium Development Goals. Second, it will trace the development of international human rights law as it relates to health. Third, it demonstrate how human rights and health, long traversing parallel routes, are in fact converging in the 21st Century quest for global health–a …

Sanctioned Abuses: The Case Of Migrant Domestic Workers, Nisha Varia

Human Rights Brief

No abstract provided.

The Push & Pull Of Globalization: How The Global Economy Makes Migrant Workers Vulnerable To Exploitation, Neha Misra

Human Rights Brief

No abstract provided.

The U Visa Unveiled: Immigrant Crime Victims Freed From Limbo, Jessica Farb

Human Rights Brief

No abstract provided.

Ensuring A Responsibility To Protect: Lessons From Darfur, Anonymous

Human Rights Brief

No abstract provided.

Seeking Integral Reparations For The Murders And Disappearances Of Women In Ciudad Juárez: A Gender And Cultural Perspective, Jorge Calderón Gamboa

Human Rights Brief

No abstract provided.

Beyond Westphalia: Competitive Legalization In Emerging Transnational Regulatory Systems, Errol E. Meidinger

Contributions to Books

Published as Chapter 7 in Law and Legalization in Transnational Relations, Christian Brütsch & Dirk Lehmkuhl, eds.

This paper analyzes several emerging transnational regulatory systems that engage, but are not centered on state legal systems. Driven primarily by civil society organizations, the new regulatory systems use conventional technical standard setting and certification techniques to establish market-leveraged, social and environmental regulatory programs. These programs resemble state regulatory programs in many important respects, and are increasingly legalized. Individual sectors generally have multiple regulatory programs that compete with, but also mimic and reinforce each other. While forestry is the most developed example, similar …

Should Or Must?: Nature Of The Obligation Of States To Use Trade Instruments For The Advancement Of Environmental, Labour, And Other Human Rights, Stephen J. Powell

UF Law Faculty Publications

This article examines whether customs, treaties, and historical facts have caused the ethical human rights obligations of economically powerful states to assume a legal quality. The author argues that the legal quality of these obligations may arise from the global harm principle of international law and human rights obligations found in treaties. As a consequence, states may be held accountable for the human rights violations of transnational corporations. Further, the author examines the possibility of pursuing claims under the U.S. Alien Tort Statute for torts committed in violation of international treaties as another avenue for enforcing human rights obligations.

María Lugones's Work As A Human Rights Idea(L), Berta E. Hernández-Truyol, Mariana Ribeiro

UF Law Faculty Publications

The work of Maria Lugones can be utilized to focus on the same ideas of human reality articulated in the human rights framework. She engages the complexity of humans -- the indivisibility of their identity components -- through her concepts of hybridity/multidimensionality. Similarly, Lugones captures the human need for self-determination -- a right embedded in the human rights framework -- in her work on autonomy, agency, and self-care. Finally, her quest for an antisubordination ideal, like the human rights mandate for equality and nondiscrimination, comes to life in her call for the recognition of and respect for the equality of …

The Arab Charter On Human Rights 2004, Susan M. Akram

Faculty Scholarship

The Boston University International Law Journal is publishing, for the first time, an English version of the 2004 Arab Charter on Human Rights. A very brief review of how the 2004 Arab Charter came into being introduces this English translation. The drafting history of the Arab Charter on Human Rights begins in 1960. In that year, members of the Union of Arab Lawyers (the oldest NGO in the Arab world) requested the League of Arab States (created in 1945) during their meeting in Damascus to adopt an Arab Convention on Human Rights. Eight years later, participants in the first meeting …

Assessing Baxi’S Thesis On The Emergence Of A Trade-Related Market-Friendly Human Rights Paradigm: Recent Evidence From Nigerian Labour-Led Struggles, Obiora Chinedu Okafor

Articles & Book Chapters

The objective of the article is to assess some of the sub-claims that emerge from Baxi’s thesis on an emergent trade-related market-friendly human rights paradigm in the light of the available evidence regarding the intense contestations and confrontations that have occurred between Nigeria’s politically and economically transitional Obasanjo regime and a local labour-led coalition. The piece sets out to ascertain the contextual and localised validity of these ‘Baxian’ sub-claims, within the wider context of the government vs. labour confrontations in Nigeria during the neo-liberal socio-economic reforms undertaken in that country between 1999 and 2005.

Modern-Day Slavery And Cultural Bias: Proposals For Reforming The U.S. Visa System For Victims Of International Human Trafficking, Marisa S. Cianciarulo

Marisa S. Cianciarulo

The international trafficking of human beings has emerged as one of the most lucrative and far-reaching industries in the world, second only to trafficking in drugs and tied with trafficking in arms. Many victims of international human trafficking, including teenagers and young children, are forced to work in the sex trade. Others work in areas such as agriculture, restaurants and sweatshops. In 2000, in an effort to combat trafficking and encourage trafficking victims to assist in the prosecution of traffickers, the United States enacted the Victims of Trafficking and Violence Protection Act (VTVPA), which created a new visa, called the …

The Social Security Rights Of Transsexuals Under Eu Law And The, Mel Cousins

Mel Cousins

The rights of transsexuals have gained important recognition in recent decisions by the European Court of Justice and the European Court of Human Rights. Yet important conceptual issues remained to be clarified as to the precise implications of these decisions for the rights of transsexuals in areas such as social security and pensions entitlement. This article examines two important recent decisions which further develop the Courts’ caselaw. These cases also highlight the developing– and largely complementary - relationship between the two legal orders.