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Full-Text Articles in Law

Glocalizing Law And Culture: Towards A Cross-Constitutive Paradigm, Berta E. Hernández-Truyol Nov 2014

Glocalizing Law And Culture: Towards A Cross-Constitutive Paradigm, Berta E. Hernández-Truyol

Berta E. Hernández-Truyol

This lecture addresses the relationship between law and culture in three general parts. The first part consists of a brief review of the theories addressing the relationship of law and culture, mainly the mirror theory. But I will suggest that there is more to the relationship of law and culture than one being an inert reflection of the other; hence my proposal for what I call, as a working concept, a cross-constitutive paradigm of law and culture. The second part reviews the Convention on the Elimination of All Forms of Discrimination Against Women ("CEDAW''), a law that seeks to effect ...


Unsex Cedaw? No! Super-Sex It!, Berta E. Hernández-Truyol Nov 2014

Unsex Cedaw? No! Super-Sex It!, Berta E. Hernández-Truyol

Berta E. Hernández-Truyol

This Article reflects upon Darren Rosenblum's provocative piece Unsex CEDAW, or What's Wrong with Women's Rights. At the outset I should note that this critical analysis should not be misinterpreted. I do not quarrel with Professor Rosenblum's observations that inequality in law and life is much broader than sex inequalities. To the contrary, I am in full accord with him that discrimination along other categorical axes is also undesirable and sometimes as prevalent as sex inequality. Indeed, oftentimes such other discriminatory tendencies dovetail with those rooted in sex discrimination. Where we diverge, however, is in his ...


Female Genital Mutilation And Female Genital Cutting, Hope Lewis Sep 2011

Female Genital Mutilation And Female Genital Cutting, Hope Lewis

Hope Lewis

Female Genital Mutilation (FGM) or Female Genital Cutting (FGC) refers to a range of harmful traditional practices performed on infants, girls, and women in certain ethnic groups. This article, published in The Encyclopedia of Human Rights (David Forsythe, et al, ed., Oxford University Press, 2009) discusses the practices in the context of international human rights law. FGM-FGC, violates a number of international human rights standards, including the right to bodily integrity, the right to life, the right to the highest attainable standard of health, the rights of children, and the rights of women and girls to equality and non-discrimination. Nevertheless ...


Deconstructing Cedaw’S Article 14: Naming And Explaining Rural Difference, Lisa Pruitt Dec 2010

Deconstructing Cedaw’S Article 14: Naming And Explaining Rural Difference, Lisa Pruitt

Lisa R Pruitt

The Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) is the first human rights instrument to recognize explicitly rural-urban difference. It does so by enumerating specific rights for rural women in Article 14 and also by mentioning their needs in relation to Article 10 on education. In this Essay, I examine the Convention’s Travaux Préparatoires to better understand the forces and considerations that led to the inclusion of Article 14 and its recognition of rural people and places. I also assess Article 14’s particular mandates in light of both that drafting history and CEDAW ...


Migration, Development And The Promise Of Cedaw For Rural Women, Lisa Pruitt Dec 2008

Migration, Development And The Promise Of Cedaw For Rural Women, Lisa Pruitt

Lisa R Pruitt

This Article explores the potential of international development efforts and human rights law to enhance the livelihoods of rural women in the developing world. In particular, the Article takes up the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), which enumerates in Article 14 specific rights for rural women as a class. Pruitt’s focus here is on Article 14’s guarantees in relation to land ownership, education, development planning, access to credit, marketing facilities and technology, and other rights that are linked closely to women’s role as the architects of food security. While CEDAW ...


Female Genital Mutilation And Female Genital Cutting, Hope Lewis Dec 2008

Female Genital Mutilation And Female Genital Cutting, Hope Lewis

Hope Lewis

Female Genital Mutilation (FGM) or Female Genital Cutting (FGC) refers to a range of harmful traditional practices performed on infants, girls, and women in certain ethnic groups. This article, published in The Encyclopedia of Human Rights (David Forsythe, et al, ed., Oxford University Press, 2009) discusses the practices in the context of international human rights law. FGM-FGC, violates a number of international human rights standards, including the right to bodily integrity, the right to life, the right to the highest attainable standard of health, the rights of children, and the rights of women and girls to equality and non-discrimination. Nevertheless ...


Statement Of Jeanne M. Woods And Hope Lewis Prepared For The Hearings Of The United Nations Special Rapporteur On Extreme Poverty, Dr. Arjun Sengupta On The Aftermath Of Hurricane Katrina, Hope Lewis, Jeanne Woods Dec 2004

Statement Of Jeanne M. Woods And Hope Lewis Prepared For The Hearings Of The United Nations Special Rapporteur On Extreme Poverty, Dr. Arjun Sengupta On The Aftermath Of Hurricane Katrina, Hope Lewis, Jeanne Woods

Hope Lewis

This Statement was submitted to the UN Independent Expert on Human Rights and Extreme Poverty, Dr. Arjun Sengupta in the aftermath of the Hurricane Katrina disaster on the Gulf Coast of the United States in 2005. The Statement, submitted during the Independent Expert’s fact-finding visit, expresses concern about the extensive and alarming human rights implications of United States federal, state and local government policy and activities before, during, and after Hurricane Katrina. The Statement argues that the inadequate response of government officials at all levels reflects the impact of “globalization in miniature” on the poor and other vulnerable and ...


Cleaning Our Own House : "Exotic" And Familiar Human Rights Violations, Hope Lewis, Isabelle Gunning Dec 1997

Cleaning Our Own House : "Exotic" And Familiar Human Rights Violations, Hope Lewis, Isabelle Gunning

Hope Lewis

Women's human rights activism in the United States tend to highlight human rights violations of women outside the U.S., or on women from other cultures who enter the U.S. as immigrants or asylum-seekers, while ignoring internal human rights abuses. This Article focuses on the events surrounding a recent U.S. gender asylum case involving Fauziya Kassindja, a young asylee from Togo, in an attempt to demonstrate the irony of American complacency about the status of the United States as a haven for the protection of human rights. Ms. Kassindja, and other immigrants and asylum-seekers, were subjected to ...


Global Intersections : Critical Race Feminist Human Rights And Inter/National Black Women, Hope Lewis Dec 1997

Global Intersections : Critical Race Feminist Human Rights And Inter/National Black Women, Hope Lewis

Hope Lewis

Although there have been great strides in feminist human rights efforts in developing methods to prevent domestic violence and other forms of "private" violence against women, feminists still have far to go. For instance, feminists have only recently begun to acknowledge that physical, social, and economic violence against women, especially poor women of color, is perpetuated in part by top-down globalization. This Article demonstrates how Critical Race Feminist analysis, a set of approaches to legal scholarship rooted in feminist and anti-racist critical traditions, reconceptualizes the human rights problems facing Black women who migrate between the United States and Jamaica. Like ...


Lionheart Gals Facing The Dragon : The Human Rights Of Inter/National Black Women In The United States, Hope Lewis Dec 1996

Lionheart Gals Facing The Dragon : The Human Rights Of Inter/National Black Women In The United States, Hope Lewis

Hope Lewis

This Article commands a more explicit engagement of critical race scholarship with feminist international human rights strategies. It focuses on Jamaican-American women. Part I discusses key aspects of the historical and sociological context in which the migration of Jamaican women to the New York City area has occurred. It also discusses trends in their participation in the paid labor force since the migratory patterns of Jamaican women are strongly linked to their employment opportunities. Part II describes and analyzes significant survival strategies used by working-class Jamaican-American women to escape from, reshape, or resist the exploitative conditions they face. The strategies ...