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Articles 1 - 14 of 14
Full-Text Articles in Law
A Path Forward To #Niunamenos Based On An Intersectional Analysis Of Laws Criminalizing Femicide/Feminicide In Latin America, Melissa Padilla
A Path Forward To #Niunamenos Based On An Intersectional Analysis Of Laws Criminalizing Femicide/Feminicide In Latin America, Melissa Padilla
San Diego International Law Journal
Since 2007, eighteen Latin American countries have enacted laws that criminalize femicide/feminicide in an effort to address gender-based murders in the region and to uphold their obligations under international human rights law. However, the COVID-19 pandemic and its systemic lingering effects exacerbated the existent dangerous levels of gender-based violence in the region, resulting in an increase in gender-based murders. To address these murders, between 2020 and 2021, a quarter of the eighteen Latin American countries that criminalized femicide/feminicide have implemented or are in the process of implementing reforms to their laws criminalizing femicide/feminicide. Given this new trend to address the …
Foreword: Centering Intersectionality In Human Rights Discourse, Johanna Bond
Foreword: Centering Intersectionality In Human Rights Discourse, Johanna Bond
Washington and Lee Law Review
In the last decade, intersectionality theory has gained traction as a lens through which to analyze international human rights issues. Intersectionality theory is the notion that multiple systems of oppression intersect in peoples’ lives and are mutually constitutive, meaning that when, for example, race and gender intersect, the experience of discrimination goes beyond the formulaic addition of race discrimination and gender discrimination to produce a unique, intersectional experience of discrimination. The understanding that intersecting systems of oppression affect different groups differently is central to intersectionality theory. As such, the theory invites us to think about inter-group differences (i.e., differences between …
(G)Local Intersectionality, Martha F. Davis
(G)Local Intersectionality, Martha F. Davis
Washington and Lee Law Review
Intersectionality theory has been slow to take root as a legal norm at the national level, even as scholars embrace it as a potent analytical tool. Yet, in recent years, intersectionality has entered law and policy practices through an unexpected portal: namely, local governments’ adoption of international norms. A growing number of local governments around the world explicitly incorporate intersectionality into their law and practice as part of implementing international antidiscrimination norms from human rights instruments like the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and the Convention on the Elimination of All Forms of …
International Rights Affecting The Covid–19 Vaccine Race, Samantha Johnson
International Rights Affecting The Covid–19 Vaccine Race, Samantha Johnson
University of Miami Inter-American Law Review
The impact of the COVID–19 pandemic has been felt world-wide, and despite having several vaccines in the market at this point, there are still issues of accessibility for certain countries. International intellectual property law has been a breeding ground for the exploration of intellectual curiosity and creation as it provides strong protections to creators. These strong protections have allowed for the monopolization of certain goods, such as vaccines, under the concept of patents. While patents are important to incentivize pharmaceutical companies to create life–saving medicines, these protections have also become a barrier for access to medicines, especially in less–developed countries. …
Forced Marriage: An International Issue Calling For International Regulation And Accountability, Allison Weldon Adkins
Forced Marriage: An International Issue Calling For International Regulation And Accountability, Allison Weldon Adkins
Georgia Journal of International & Comparative Law
No abstract provided.
Thinking Globall, Acting Locally: Cedaw And Women's Human Rights In San Francisco, Susan Hagood Lee Phd
Thinking Globall, Acting Locally: Cedaw And Women's Human Rights In San Francisco, Susan Hagood Lee Phd
Societies Without Borders
While the United States has ratified many of the international human rights treaties, some have been left languishing in the Senate including the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). In response to Senate failure to ratify the women's treaty, the city of San Francisco passed its own CEDAW ordinance in 1998 to implement the principles of women's human rights in its jurisdiction. Several factors contributed to the successful passage of the CEDAW ordinance, including a sturdy base of feminist institutions developed over three decades of women's activism, determined leadership with the commitment, skills, and …
Bridging The Enforcement Gap? Evaluating The Inquiry Procedure Of The Cedaw Optional Protocol, Catherine O'Rourke
Bridging The Enforcement Gap? Evaluating The Inquiry Procedure Of The Cedaw Optional Protocol, Catherine O'Rourke
American University Journal of Gender, Social Policy & the Law
Considerable optimism accompanied the adoption of the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) Optional Protocol. However, one of the Optional Protocol’s two enforcement measures, the inquiry procedure, appeared to languish for fourteen years and has, to date, resulted in only four inquiry reports. The article evaluates the inquiry procedure, finding largely unmet expectations in addressing CEDAW’s structural weaknesses, countering the privileging of civil and political rights, and redressing state noncompliance with CEDAW, but significant potential nonetheless. The findings of this Article vindicate the enduring salience of foundational feminist critiques of human rights. The Conclusion …
“Long Past Time”: Cedaw Ratification In The United States, Rangita De Silva De Alwis, Amanda Martin
“Long Past Time”: Cedaw Ratification In The United States, Rangita De Silva De Alwis, Amanda Martin
University of Pennsylvania Journal of Law and Public Affairs
More than 70 years after Eleanor Roosevelt pioneered the drafting of the Universal Declaration of Human Rights, the US has not ratified the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW or what is known as the global Bill of Rights for Women). The Trump administration is planning measures such as paid parental leave and child care legislation which are supported by the CEDAW. Despite the Trump administration's caution about human rights treaties, we argue that an enlightened self-interest on the part of the administration will draw it towards the CEDAW ratification despite the ratification being …
The Effect Of Treaties And Other Formal International Acts On The Customary Law Of Human Rights, Arthur M. Weisburd
The Effect Of Treaties And Other Formal International Acts On The Customary Law Of Human Rights, Arthur M. Weisburd
Georgia Journal of International & Comparative Law
No abstract provided.
Voiceless Victims: Sex Slavery And Trafficking Of African Women In Western Europe, Melanie R. Wallace
Voiceless Victims: Sex Slavery And Trafficking Of African Women In Western Europe, Melanie R. Wallace
Georgia Journal of International & Comparative Law
No abstract provided.
Reconciling Indigenous And Women's Rights To Land In Sub-Saharan Africa, Aparna Polavarapu
Reconciling Indigenous And Women's Rights To Land In Sub-Saharan Africa, Aparna Polavarapu
Georgia Journal of International & Comparative Law
No abstract provided.
Opportunities And Challenges For Gender-Based Legal Reform In China, Rangita De Silva De Alwis
Opportunities And Challenges For Gender-Based Legal Reform In China, Rangita De Silva De Alwis
East Asia Law Review
No abstract provided.
The Prohibition Of Widespread Rape As A Jus Cogens, Dean Adams
The Prohibition Of Widespread Rape As A Jus Cogens, Dean Adams
San Diego International Law Journal
This Comment explains why the prohibition of widespread rape should be recognized as a jus cogens through analyses of the failure of existing international legal instruments, advances within international law towards the universal prohibition of widespread rape, and policy reasons for classifying widespread rape as a jus cogens. In doing so, this comment will demonstrate the particular timeliness of this topic by reviewing the use of widespread rape in several countries through the 1990s, the widespread rape presently occurring in Kenya, and the emerging reports from Iraq of rape committed at the hands of the Saddam Hussein regime. Finally, this …
Why America Should Ratify The Women's Rights Treaty (Cedaw), Harold Hongju Koh
Why America Should Ratify The Women's Rights Treaty (Cedaw), Harold Hongju Koh
Case Western Reserve Journal of International Law
No abstract provided.