Law Commons^™

Human Rights Pragmatism And Human Dignity, David Luban

Georgetown Law Faculty Publications and Other Works

Human rights sound a lot like moral rights: rights that we have because we are human. Many philosophers think it follows that the list of international human rights must therefore be founded on some philosophical account of moral rights or of human dignity. More recently, other philosophers have rejected this foundationalist picture of international human rights (“foundationalist” meaning that moral rights are the foundation of international human rights). These critics argue that international human rights need no philosophical foundation; instead, we should look to the actual practices of human rights: the practices of international institutions, tribunals, NGOs, monitors, and activists. …

Determinants Of Child And Forced Marriage In Morocco: Stakeholder Perspectives On Health, Policies And Human Rights, Alexia Sabbe, Halima Oulami, Wahiba Zekraoui, Halima Hikmat, Marleen Temmerman, Els Leye

Obstetrics and Gynaecology, East Africa

Background: In Morocco, the social and legal framework surrounding sexual and reproductive health has transformed greatly in the past decade, especially with the introduction of the new Family Law or Moudawana. Yet, despite raising the minimum age of marriage for girls and stipulating equal rights in the family, child and forced marriage is widespread. The objective of this research study was to explore perspectives of a broad range of professionals on factors that contribute to the occurrence of child and forced marriage in Morocco.

Methods: A qualitative approach was used to generate both primary and secondary data for the analysis. …

Case Notes: Dealing With Divergences In Fundamental Rights Standards: Case C-399/11 Stefano Melloni V. Ministerio Fiscal, Maartje De Visser

Research Collection Yong Pung How School Of Law

No abstract provided.

Women In The Criminal Justice System In Irleand, Mary Rogan

Conference Papers

This paper examines the use of imprisonment for women in Ireland.

Rios Montt Edges Closer To Escaping Accountability For Genocide, Lauren Carasik

Media Presence

No abstract provided.

Honduras’ Political Violence Threatens To Undermine Its November Elections, Lauren Carasik

Media Presence

No abstract provided.

Agenda: Free, Prior And Informed Consent: Pathways For A New Millennium, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment, University Of Colorado Boulder. School Of Law. American Indian Law Program

Free, Prior and Informed Consent: Pathways for a New Millennium (November 1)

Presented by the University of Colorado's American Indian Law Program and the Getches-Wilkinson Center for Natural Resources, Energy & the Environment.

The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), along with treaties, instruments, and decisions of international law, recognizes that indigenous peoples have the right to give "free, prior, and informed consent" to legislation and development affecting their lands, natural resources, and other interests, and to receive remedies for losses of property taken without such consent. With approximately 150 nations, including the United States, endorsing the UNDRIP, this requirement gives rise to emerging standards, obligations, and opportunities …

Indigenous Peoples’ Right Of Free Prior Informed Consent With Respect To Indigenous Lands, Territories And Resources (June 28, 2010), Indian Law Resource Center

Free, Prior and Informed Consent: Pathways for a New Millennium (November 1)

3 pages.

"June 28, 2010"

Indigenous Peoples’ Right Of Free Prior Informed Consent With Respect To Indigenous Lands, Territories And Resources (United Nations Workshop, 17-19 January 2005), Indian Law Resource Center

Free, Prior and Informed Consent: Pathways for a New Millennium (November 1)

3 pages.

U.N. Doc PFII/2004/WS.2/6

Free, Prior And Informed Consent: Ilo 169 And Undrip, Kelsey Peterson

Free, Prior and Informed Consent: Pathways for a New Millennium (November 1)

2 pages.

"Kelsey Peterson, American Indian Law Program Fellow, University of Colorado Law School Class of 2015"

Principles Of International Law For Multilateral Development Banks: The Obligation To Respect Human Rights, Robert T. Coulter, Leonardo A. Crippa, Emily Wann

Free, Prior and Informed Consent: Pathways for a New Millennium (November 1)

41 pages.

"January, 2009"

www.indianlaw.org

Targeting And The Concept Of Intent, Jens David Ohlin

Cornell Law Faculty Publications

International law generally prohibits military forces from intentionally targeting civilians; this is the principle of distinction. In contrast, unintended collateral damage is permissible unless the anticipated civilian deaths outweigh the expected military advantage of the strike; this is the principle of proportionality. These cardinal targeting rules of international humanitarian law are generally assumed by military lawyers to be relatively well settled. However, recent international tribunals applying this law in a string of little-noticed decisions have completely upended this understanding. Armed with criminal law principles from their own domestic systems, often civil law jurisdictions, prosecutors, judges and even scholars have progressively …

The Extraterritorial Application Of Human Rights Treaties: Al-Skeini Et Al. V. United Kingdom (2011), Joseph Sinchak

Pace International Law Review Online Companion

The decade proceeding the 9/11 tragedy has been very unkind to the human rights regime, as many western nations have committed human rights abuses in their mission to combat terrorism. Both the United States and the United Kingdom have been engaged in wars in Iraq and Afghanistan, where they perpetrated terrible crimes and violated important tenants of international law. These violations, ranging from allegations of torture to wrongful deaths, are prohibited by human rights law. In fact, human rights treaties such as the International Covenant on Civil and Political Rights (ICCPR) and the European Convention on Human Rights (ECHR) were …

The European Union And The Abolition Of The Death Penalty, Christian Behrmann, Jon Yorke

Pace International Law Review Online Companion

The European Union has become a leading regional force in the progress towards a world free of state sanctioned judicial killing in the form of the death penalty. This article investigates how the EU has evolved its abolitionist position. It analyzes the development of the region’s internal policy beginning in the European Parliament, to the rejection of the punishment being mandated as a Treaty provision, which evolves into an integral component of the external human rights project. The EU has now formulated technical bilateral and multilateral initiatives to promote abolition worldwide. This is most clearly evidenced in the EU playing …

Migrant Workers’ Access To Justice At Home: Indonesia, Bassina Farbenblum, Eleanor Taylor-Nicholson, Sarah Paoletti

All Faculty Scholarship

Each year, around half a million Indonesians travel abroad to work, half of those to the Middle East. They are typically women from small cities or villages with primary education and limited work experience, hired to perform domestic work. Many suffer abuse and exploitation but have virtually no access to recourse within their host country’s legal system.

The vulnerability of migrant workers abroad makes it crucial for them to be able to seek redress in their own countries. Access to justice at home also allows for redress when home governments and private recruitment businesses breach their legal responsibilities to migrant …

The Liberty Of The Church: Source, Scope And Scandal, Patrick Mckinley Brennan

Working Paper Series

This article was presented at a conference, and is part of a symposium, on "The Freedom of the Church in the Modern Era." The article argues that the liberty of the Church, libertas Ecclesiae, is not a mere metaphor, pace the views of some other contributions to the conference and symposium and of the mentality mostly prevailing over the last five hundred years. The argument is that the Church and her directly God-given rights are ontologically irreducible in a way that the rights of, say, the state of California or even of the United States are not. Based on a …

Inter-Country Adoption And The Special Rights Fallacy, James G. Dwyer

Faculty Publications

No abstract provided.

Towards A Framework Convention On Global Health, Lawrence O. Gostin, Eric A. Friedman, Kent Buse, Attiya Waris, Moses Mulumba, Mayowa Joel, Lola Dare, Ames Dhai, Devi Sridhar

Georgetown Law Faculty Publications and Other Works

A global health treaty, a Framework Convention on Global Health (FCGH)–grounded in the right to health, with the central goal of reducing immense domestic and global health inequities–could serve as a robust global governance instrument to underpin the United Nations post-2015 Millennium Development Goals (MDGs). It would ensure for all people the three essential conditions for a healthy life–public health, health care, and the positive social determinants of health–while advancing good governance, responding to drivers of health disadvantages for marginalized populations, elevating health in other legal regimes, and enhancing people's ability to claim their rights.

The legally binding nature of …

A Tale Of Two Responses To Lgbti Violence, Lauren Carasik

Media Presence

No abstract provided.

Concerning The Use Of Solitary Confinement In Immigrant Detention Facilities In The United States Of America (2013), John Marshall Law School International Human Rights Clinic, Sarah Dávila-Ruhaak, Steven D. Schwinn

UIC Law White Papers

This report relates to the situation of immigrant detainees who are held in solitary confinement in detention facilities in the United States. It is submitted in response to the United States’ fourth periodic report and specifically addresses the widespread use of solitary confinement in immigrant detention as it violates immigrant detainees’ rights to due process and judicial remedies, violations of minimum standards of the right to humane treatment, and the right to personal liberty. The report discusses the policies and practices of the U.S. Department of Homeland Security (DHS) and Immigration and Customs Enforcement (ICE) that support the use of …

Punitive Military Strikes On Syria Risk An Inhumane Intervention, Jennifer Moore

Faculty Scholarship

The 1949 Geneva Conventions do not justify US missile strikes in Syria in response to chemical weapons attacks on the civilian population.

Cameroon Pastoralists Fight For Their Way Of Life, Kaitlin Y. Cordes

Columbia Center on Sustainable Investment Staff Publications

After years of struggles against governments and private parties, the Mbororo-Fulani are gaining international attention. But is this too little too late?

Why The Extractive Industry Should Support Mandatory Transparency: A Shared Value Approach, Julien Topal, Perrine Toledano

Columbia Center on Sustainable Investment Staff Publications

The Transparency Amendment, included in the Dodd‐Frank Wall Street Reform and Consumer Protection Act, can be an important tool in curtailing the resource curse that so heavily burdens resource‐rich developing countries by shedding light on opaque payments between the extractive sector and host countries. From the get‐go, however, extractive industry companies have fiercely opposed the new mandatory disclosure requirements as set out in this regulation. The corporate opposition is for the largest part motivated by the fear of a competitive disadvantage that derives from the fact that the amendment is housed with the Securities and Exchange Commission (SEC) and thus …

Memo To The Obama Administration On The Burma Responsible Investment Reporting Requirements, Kaitlin Y. Cordes, Lisa E. Sachs

Columbia Center on Sustainable Investment Staff Publications

In September 2013, CCSI sent a memo to President Obama and his Administration in response to the first public reports submitted by U.S. companies in compliance with the Burma Responsible Investment Reporting Requirements. The memo applauded the U.S. Government’s efforts to encourage responsible investment in Burma, noting that robust due diligence is essential to ensuring that international investments contribute to sustainable development. Yet the memo also urged the Obama Administration to take steps to strengthen future reporting. In particular, CCSI urged the Administration to issue clarifying guidance that any U.S. investor submitting a report should (1) provide information on due …

Gauging The Gender Divide In The Middle East’S Educational System: Causes, Concerns, And The Impetus For Change, Nadia B. Ahmad

Faculty Scholarship

No abstract provided.

Resisting The Grand Coalition In Favor Of The Status Quo By Giving Full Scope To The Libertas Ecclesiae, Patrick Mckinley Brennan

Working Paper Series

This paper argues that questions about "religious freedom" must be subordinated to the fundamental principle of the liberty of the Church, libertas Ecclesiae. The First Amendment's agnosticism with respect to the liberty of the Church is not ultimately normative. Catholics and others who merely seek religious "accommodation," as with the HHS mandate, for example, are agents of a status quo that illegitimately has comfortable self-preservation as its highest value. It is Catholic doctrine that "creation was for the sake of the Church," not for the sake of, say, religious freedom. The paper argues that the contingent constitution of …

Patterns Of Anti-Muslim Violence In Burma: A Call For Accountability And Prevention, Andrea Gittleman, Marissa Brodney, Holly G. Atkinson

Publications and Research

In this report, the authors documents how persecution of and violence against the Rohingya in Burma has spread to other Muslim communities throughout the country. Physicians for Human Rights conducted eight separate investigations in Burma and the surrounding region between 2004 and 2013. PHR’s most recent field research in early 2013 indicates a need for renewed attention to violence against minorities and impunity for such crimes. The findings presented in this report are based on investigations conducted in Burma over two separate visits for a combined 21-day period between March and May 2013.

Just Who Are Humanitarian Workers?, Jennifer Moore

Faculty Scholarship

On the 19th of August, World Humanitarian Day, we honor the contributions of humanitarian workers around the world, especially those who have lost their lives helping people in war-torn societies.

Honduras: Where The Blood Flows And The Rivers Are Dammed, Lauren Carasik

Media Presence

No abstract provided.

Legal Services Assessment For Trafficked Children- Cook County, Illinois Case Study, Katherine Kaufka Walts Jd, Linda Rio Reichmann Jd, Catherine Lee Ma

Center for the Human Rights of Children

Child trafficking is one of the most disturbing human rights abuses of our time, involving cases of boys and girls exploited for labor and/or commercial sexual services. These children may suffer physical, sexual, and emotional violence at the hands of traffickers, who can be pimps, employers, and even family members. Trafficking schemes may involve various forms of force, fraud, and coercion, which can be physical and/or psychological in nature. Current research indicates that legal services are a critical component of a comprehensive service delivery model for victims of human trafficking and a realization of human rights. However, little to no …