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A Way Forward After Dobbs: Human Rights Advocacy And Self-Managed Abortion In The United States, Kelly Keglovits
A Way Forward After Dobbs: Human Rights Advocacy And Self-Managed Abortion In The United States, Kelly Keglovits
Duke Journal of Constitutional Law & Public Policy Sidebar
Even in the era before Dobbs, wherein the Supreme Court repeatedly classified abortion as a "fundamental right," the ability to have an abortion was inaccessible in many parts of the United States. The irony that a "fundamental right" was so difficult to exercise results from how Constitutional rights are understood, which left many open-ended avenues for states to bring restrictions. International Human Rights law, however, offers a more optimistic and accountable approach to steps forward in increasing abortion access—illustrating a need to bring a human rights-based approach home. Dobbs has eviscerated any concept of federal protections for abortion, severely worsening …
Name And Shame: How International Pressure Allows Civil Rights Activists To Incorporate Human Rights Norms Into American Jurisprudence, Lily Talerman
Name And Shame: How International Pressure Allows Civil Rights Activists To Incorporate Human Rights Norms Into American Jurisprudence, Lily Talerman
Duke Journal of Constitutional Law & Public Policy Sidebar
The United States has ratified international human rights treaties sparingly. Where it has ratified, it has provided such a large number of reservations that the treaties’ domestic effects are effectively nullified. Even though international human rights law has not been directly incorporated into American jurisprudence, however, international human rights norms have greatly affected civil rights provisions in the United States by naming and shaming American civil rights abuses. Recognizing the relatively low success rate of tackling systemic racism in the United States through treaty implementation, this Note instead argues that naming and shaming American civil and human rights abuses more …