Law Commons^™

Re-Visiting Homosexuality In Cameroon: Effective Advocacy On The Path From Homophobia To Dignity And Equality, Jean Cedric Ndzomo

Master's Theses

Cameroon, one of the countries in the world that continues to criminalize homosexuality, has been on the news recently due to the torture and murder of young journalist and gay activist, Eric Ohena. This paper examines the discrimination faced by the LGBTI community in Cameroon by exploring the origins of homophobic violence, the role played by Cameroon's legal system, and the struggles of LGBTI Cameroonians in their fight for a better life. The analysis includes a review of the work by scholars on colonialism and sexuality in Africa, and questions the roots of violence and abuse against the LGBTI community …

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. …

Institutions From Above And Voices From Below: A Comment On Challenges To Group-Conflict Resolution And Reconciliation, Laurel E. Fletcher

Laurel E. Fletcher

Fletcher explores how assumptions about justice have succeeded in establishing a new international consensus on necessary processes of rebuilding societies, some pitfalls of this approach, and recommendations for new directions for the field of transitional justice. A central assumption animating the moral, political, and legal cases for transitional justice is that those responsible for unleashing and conducting mass violence that devastates countries and the lives of civilian residents should not get away with their criminal acts. And further, supporters of justice assume that a legal response is necessary in order to promote reconciliation. He thinks that the appropriate role of …

Time For Justice: The Case For International Prosecutions Of Rape And Gender-Based Violence In The Former Yugoslavia, Kathleen M. Pratt, Laurel E. Fletcher

Laurel E. Fletcher

This article begins with a brief overview of the historical invisibility of rape and other gender-based violence in international humanitarian and human rights discourse. It also describes the factual basis for prosecutions of rape and other forms of gender-based violence in the context of the former Yugoslavia. Finally, the authors examine relevant provisions of the Statute of the Tribunal, which under conventional and customary international law, provide the Tribunal with jurisdiction to prosecute rape and other forms of gender-based violence as international crimes. This section reviews the types of rapes and forms of gender-based violence captured by each statutorily defined …

Love In Action: Noting Similarities Between Lynching Then & Anti-Lgbt Violence Now, Koritha Mitchell

Koritha Mitchell

The more I learn about the violence currently plaguing LGBT communities, the more it reminds me of the brutal practice of lynching, which has been the focus my research for the past 15 years. Ultimately, both forms of violence are designed to deny targeted groups recognition as citizens. Relying on my expertise regarding racial violence as well as the data on anti-LGBT attacks collected by the National Coalition of Anti-Violence Programs (NCAVP), this essay notes similarities between lynching at the last turn of the century and anti-LGBT violence today. The piece identifies five parallels: 1) the mundane quality of the …

The Price Of Porn & Pugilism: Reconciling Brown V. Entertainment Merchants Association With Ginsberg V. New York Through A Media-Specific Approach, Dennis A. Demarco

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Sex Is Less Offensive Than Violence: A Call To Update Obscenity Jurisprudence, Rachel Simon

Rachel Simon

This article addresses the gender bias presented by the disparate treatment of sex and violence under current obscenity jurisprudence. Under the controlling standard set forth by the Supreme Court in Miller v. California, sexual works may readily be regulated as obscenity, while violent works unequivocally may not. This article posits that this disparate treatment is the product of entrenched stereotypes about the way men and women “should” react to sex and violence, and notes the hypocrisy of failing to apply the same reasoning to assessments of violent versus sexual material.

First, reliance on “community standards” to define what material …

Regulating Violence In Video Games: Virtually Everything, Alan Wilcox

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

The Violence Of Nonviolence: Problematizing Nonviolent Resistance In Iran And Egypt, Sean Chabot, Majid Sharifi

Societies Without Borders

Our central argument is that the hegemonic story of nonviolent resistance is reinforcing the underlying hegemonic story of neoliberalism. It is hard to dispute that the most popular brand of nonviolence, articulated by Gene Sharp and his followers, has helped people overthrow authoritarian regimes across the globe. Yet Sharp’s nonviolence also promotes the spread of neoliberal freedom and democracy, which cause multiple forms of visible and invisible violence. This article’s first section examines significant details in Sharp’s hegemonic story of nonviolent resistance and problematizes its limited understanding of violence. The following section relates Sharp’s approach to Iran’s Green Movement and …

Brown V. Entertainment Merchants Association: "Modern Warfare" On First Amendment Protection Of Violent Video Games, Jessica Fisher

Journal of Business & Technology Law

No abstract provided.

What Is The Matter With Antigone?, Emily A. Hartigan

Faculty Articles

No abstract provided.

International Law Weekend, American Branch Of The International Law Association Perspectives On Crimes Of Sexual Violence In International Law, Susana Sacouto

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Justice And The Identities Of Women: The Case Of Indonesian Women Victims Of Domestic Violence Who Have Access To Family Court, Rika Saraswati

Faculty of Law, Humanities and the Arts - Papers (Archive)

The Family Court is the most important institution for Indonesian women who have experienced domestic violence. The institution becomes their last resort to end the violence and to obtain their rights as wives when the performance of criminal justice system is not satisfying. The women’s rights as wives are basically regulated in the Marriage Act 1974 and other implementing regulations of the Act. In reality, the rights of the women in this study, that they expected to be fulfilled, were different for each individual woman victim of domestic violence because of the diverse implementation of regulations in the Family Courts …

Genders At Work: Exploring The Role Of Workplace Equality In Preventing Men’S Violence Against Women, Scott Holmes, Michael G. Flood

Faculty of Law, Humanities and the Arts - Papers (Archive)

This report examines the role of workplaces, and men in workplaces in particular, in preventing men’s violence against women.

The report begins by noting that men’s violence against women is a widespread social problem which requires urgent action. It highlights the need for preventative measures oriented to changing the social and structural conditions at the root of this violence, including through settings such as workplaces.

Men’s violence against women is a workplace issue. As well as being a blunt infringement of women’s rights, this violence imposes very substantial health and economic costs on workplaces and organisations.

Human Rights Obligations To The Poor, Monica Hakimi

Book Chapters

Poverty unquestionably detracts from the human rights mission. Modern human rights law recognizes a broad range of rights - for example, "to life, liberty, and security of person" and to adequate "food, clothing, and medical care."1 Any number of those rights might go unrealized in conditions of extreme poverty. However, human rights law has always been partly aspirational. For those seeking to improve the lives of the poor, the key question is not what rights exist but how to make those rights operational. What does human rights law actually require of states? And how might its obligations benefit the poor?

Het Gebruik Van Risicotaxatie Instrumenten Onder Spv-En (The Use Of Risk Assessment Instruments Among Community Psychiatric Nurses), Sophie De Valk, Corine De Ruiter, Jorge Folino, Matthew Large, Thierry Pham, Kim Reeves, Carolina Condemarin, Louise Nielsen, Martin Rettenberger, Robyn Mei Yee Ho, Verónica Godoy-Cervera, Kimberlie Dean, Maria Francisca Rebocho, Karin Arbach-Lucioni, Martin Grann, Katharina Seewald, Michael W. Doyle, Sarah Desmarais, Richard Van Dorn, Randy Otto, Jay Singh

Faculty Scholarship

Dutch Abstract: Auteur en een groot aantal alumni-collega's van de Universiteit van Maastricht, hebben gekeken welke risicotaxatie-instrumenten SPV-en gebruiken om het risico van recidive in te schatten bij clienten uit de forensische psychiatrie. Met behulp van START kan volgens hen het risico voor anderen, het risico op victimisatie, risico op zelfbeschadigend gedrag, suïcidegevaar, ongeoorloofde afwezigheid, middelenmisbruik en zelfverwaarlozing bij deze forensische groep vastgesteld worden.

English Abstract: The author and colleagues from the University of Maastricht investigated the use of structured risk assessment instruments in forensic psychiatry. Using instruments such as the START may aid in the assessment of violence, victimization, …