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Human Rights Law

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Articles 1171 - 1200 of 1666

Full-Text Articles in Comparative and Foreign Law

No Worldwide Consensus: The United Nations Declaration On Human Cloning, Channah Jarrell Sep 2014

No Worldwide Consensus: The United Nations Declaration On Human Cloning, Channah Jarrell

Georgia Journal of International & Comparative Law

No abstract provided.


A Break With The Past Or Justice In Pieces: Divergent Paths On The Question Of Amnesty In Argentina And Colombia, Douglas Jacobson Sep 2014

A Break With The Past Or Justice In Pieces: Divergent Paths On The Question Of Amnesty In Argentina And Colombia, Douglas Jacobson

Georgia Journal of International & Comparative Law

No abstract provided.


Rethinking Constitutional Review In America And The Commonwealth: Judicial Protection Of Human Rights In The Common Law World, Po Jen Yap Sep 2014

Rethinking Constitutional Review In America And The Commonwealth: Judicial Protection Of Human Rights In The Common Law World, Po Jen Yap

Georgia Journal of International & Comparative Law

No abstract provided.


Restrictions On Humanitarian Aid In Darfur: The Role Of The International Criminal Court, Mominah Usmani Sep 2014

Restrictions On Humanitarian Aid In Darfur: The Role Of The International Criminal Court, Mominah Usmani

Georgia Journal of International & Comparative Law

No abstract provided.


Official, National, Common Or Unifying: Do Words Giving Legal Status To Language Diminish Linguistic Human Rights?, Paul C. Hale Sep 2014

Official, National, Common Or Unifying: Do Words Giving Legal Status To Language Diminish Linguistic Human Rights?, Paul C. Hale

Georgia Journal of International & Comparative Law

No abstract provided.


A Comparative Analysis Of Unconscious And Institutional Discrimination In The United States And Britain, Leland Ware Sep 2014

A Comparative Analysis Of Unconscious And Institutional Discrimination In The United States And Britain, Leland Ware

Georgia Journal of International & Comparative Law

No abstract provided.


The Jurisprudence Of Discrimination As Opposed To Simple Inequality In The International Civil Service, Brian D. Patterson Sep 2014

The Jurisprudence Of Discrimination As Opposed To Simple Inequality In The International Civil Service, Brian D. Patterson

Georgia Journal of International & Comparative Law

No abstract provided.


The Exceptional Absence Of Human Rights As A Principle In American Law, Mugambi Jouet Sep 2014

The Exceptional Absence Of Human Rights As A Principle In American Law, Mugambi Jouet

Pace Law Review

Compared to other Western democracies, references to “human rights” are rare in domestic American law. A survey of landmark Supreme Court cases reveals that both conservative and liberal Justices made no mention of “human rights” when addressing fundamental questions: racial segregation, the death penalty, prisoners’ rights, women’s rights, children’s rights, gay rights, and indefinite detention at Guantanamo. This absence illustrates a broader societal trait. In the United States, “human rights” commonly evoke foreign problems like abuses in Third World dictatorships—not domestic problems. By contrast, human rights play a relatively important role as a domestic principle in Europe, Canada, Australia, and …


B.Y.O. Heroin: Will Canada Finally Recognize The Fundamental Rights Of Injection Drug Users By Providing Access To Safe Injection Facilities?, Robert Marston Sep 2014

B.Y.O. Heroin: Will Canada Finally Recognize The Fundamental Rights Of Injection Drug Users By Providing Access To Safe Injection Facilities?, Robert Marston

Georgia Journal of International & Comparative Law

No abstract provided.


The Role Of The Judiciary In The European Union's (De)Segregation Of Roma Students, Lindsey M. Green Sep 2014

The Role Of The Judiciary In The European Union's (De)Segregation Of Roma Students, Lindsey M. Green

Georgia Journal of International & Comparative Law

No abstract provided.


Beyond The "Tiers" Of Human Trafficking Victims: Islamic Law's Ability To Push The Muslim World To The Top Of The United States Trafficking Tier Placements And Into Compliance With International Law, Myada O. El-Sawi Sep 2014

Beyond The "Tiers" Of Human Trafficking Victims: Islamic Law's Ability To Push The Muslim World To The Top Of The United States Trafficking Tier Placements And Into Compliance With International Law, Myada O. El-Sawi

Georgia Journal of International & Comparative Law

No abstract provided.


Addressing The Tension Between The Dual Identities Of The American Prostitute: Criminal And Victim; How Problem-Solving Courts Can Help, Brynn N.H. Jacobson Sep 2014

Addressing The Tension Between The Dual Identities Of The American Prostitute: Criminal And Victim; How Problem-Solving Courts Can Help, Brynn N.H. Jacobson

Seattle University Law Review

This Comment focuses on the sexual exploitation of both adult women and girls in the life of prostitution. The primary purpose is to explore the difficulties faced by American citizens who are exploited in prostitution (as opposed to foreign nationals who are subject to exploitation). This Comment focuses only on state and local prostitution laws, as opposed to global or federal laws on prostitution. It takes the position that prostitution is not a chosen profession for the vast majority and that prostitution is sexual exploitation. This Comment discusses the experiment of legalization and decriminalization in the Netherlands and Sweden as …


When Skeletons Come Out Of The Closet: Implications Of The Bosnian Genocide Decision For Serbia's Eventual Eu Accession, Edina Slomic Sep 2014

When Skeletons Come Out Of The Closet: Implications Of The Bosnian Genocide Decision For Serbia's Eventual Eu Accession, Edina Slomic

Georgia Journal of International & Comparative Law

No abstract provided.


M.S.S. V. Belgium And Greece (European Court Of Human Rights): The Interplay Between European Union Law And The European Convention On Human Rights In The Post-Lisbon Era, Ton Zuijdwijk Sep 2014

M.S.S. V. Belgium And Greece (European Court Of Human Rights): The Interplay Between European Union Law And The European Convention On Human Rights In The Post-Lisbon Era, Ton Zuijdwijk

Georgia Journal of International & Comparative Law

No abstract provided.


Maryland V. King And The Road Already Traveled: How The United Kingdome Tried--And Failed--To Balance State Interests With Privacy Rights, Courtney Coons Poole Sep 2014

Maryland V. King And The Road Already Traveled: How The United Kingdome Tried--And Failed--To Balance State Interests With Privacy Rights, Courtney Coons Poole

Georgia Journal of International & Comparative Law

No abstract provided.


Turkey's Article 301: A Legitimate Tool For Maintaining Order Or A Threat To Freedom Of Expression?, Jahnisa Tate Sep 2014

Turkey's Article 301: A Legitimate Tool For Maintaining Order Or A Threat To Freedom Of Expression?, Jahnisa Tate

Georgia Journal of International & Comparative Law

No abstract provided.


The Truth About Truth Commissions: Why They Do Not Function Optimally In Post-Conflict Societies, Matiangai V.S. Sirleaf Aug 2014

The Truth About Truth Commissions: Why They Do Not Function Optimally In Post-Conflict Societies, Matiangai V.S. Sirleaf

Cardozo Law Review

Almost forty years after the first truth commission convened and more than sixty-seven others have been employed, there is little clarity on how they contribute to their stated objectives and in which transitional contexts they succeed or fail. This Article uses data gathered from my field research in Ghana, Sierra Leone, and Liberia to develop a theoretical framework for understanding in which contexts truth commissions may be the most effective. Using insights from the legal transplant literature and applying it to the diffusion of truth commissions, this Article finds that truth commissions face greater challenges carrying out their mandates in …


Preventive Detention In Malaysia: Constitutional And Judicial Obstacles To Reform And Suggestions For The Future, Tyler James B. Jeffery Jun 2014

Preventive Detention In Malaysia: Constitutional And Judicial Obstacles To Reform And Suggestions For The Future, Tyler James B. Jeffery

Georgia Journal of International & Comparative Law

No abstract provided.


Lausti And Salazar: Are Religious Symbols Legitimate In The Public Square?, Katie A. Croghan Jun 2014

Lausti And Salazar: Are Religious Symbols Legitimate In The Public Square?, Katie A. Croghan

Georgia Journal of International & Comparative Law

No abstract provided.


Myanmar's Democracy Struggle: The Impact Of Communal Violence Upon Rohingya Women And Youth, Engy Abdelkader Jun 2014

Myanmar's Democracy Struggle: The Impact Of Communal Violence Upon Rohingya Women And Youth, Engy Abdelkader

Washington International Law Journal

Since the end of its military rule in 2011, the international community has rewarded Myanmar for perceived political and economic reforms. Still, Burma’s transition to democratic governance is beset by an unfortunate human rights record and marred by state-sanctioned violence against members of its minority Rohingya Muslim population. This article explores the conflict’s impact upon Muslim women and children. It argues that the group is experiencing human rights violations that are specific to its identity and have yet to be adequately recognized and addressed. These violations emanate from discriminatory population control regulations, gender based violence, human trafficking, hard labor, and …


The Slow-Burning Genocide Of Myanmar's Rohingya, Maung Zarni, Alice Cowley Jun 2014

The Slow-Burning Genocide Of Myanmar's Rohingya, Maung Zarni, Alice Cowley

Washington International Law Journal

Since 1978, the Rohingya, a Muslim minority of Western Burma, have been subject to a state-sponsored process of destruction. The Rohingya have deep historical roots in the borderlands of Rakhine State, Myanmar, and were recognized officially both as citizens and as an ethnic group by three successive governments of post-independence Burma. In 1978, General Ne Win’s socialist military dictatorship launched the first large-scale campaign against the Rohingya in Rakhine State with the intent first of expelling them en masse from Western Burma and subsequently legalizing the systematic erasure of Rohingya group identity and legitimizing their physical destruction. This on-going process …


Aiding And Abetting: The Illegality Of Morocco's Nationalist Expansion Into Western Sahara And Their Support From The United States, Rachid H. Yousfi May 2014

Aiding And Abetting: The Illegality Of Morocco's Nationalist Expansion Into Western Sahara And Their Support From The United States, Rachid H. Yousfi

Master's Theses

This paper will address the illegality of Morocco’s nationalist annexation of Western Sahara and how the United States plays the accommodating role through the selling of arms, economic aid, and diplomatic support. Considered as Africa’s last colony, the Saharawi people have not experienced the basic human right to self-determination and the right for independence. These rights are continued to be withheld for the sake of Moroccan nationalism and their “rightful and ethnic” claims to the territory, disregarding the International Court of Justice (ICJ)’s advisory opinion ruling in favor of Saharawi self-determination. It explores the chronology of the Saharawi population from …


Sexual Violence By Educators In South African Schools: Gaps In Accountability, University Of The Witwatersrand. Centre For Applied Legal Studies, Cornell Law School. Avon Global Center For Women And Justice, Cornell Law School. International Human Rights Clinic May 2014

Sexual Violence By Educators In South African Schools: Gaps In Accountability, University Of The Witwatersrand. Centre For Applied Legal Studies, Cornell Law School. Avon Global Center For Women And Justice, Cornell Law School. International Human Rights Clinic

Avon Global Center for Women and Justice and Dorothea S. Clarke Program in Feminist Jurisprudence

In many South African schools, educators have sexually harassed and abused the learners in their care. This serious human rights violation is widespread and well known. However, its actual incidence is difficult to determine as many cases of educator-learner abuse are never reported. Such harassment and abuse – which occurs with frequency not only in South Africa but also worldwide – has devastating consequences for the health and education of the learners, mainly girls, who experience it. Over the past decade, South Africa has adopted important laws and policies to address this grave human rights problem, yet sexual violence persists …


Reversal Of Fortune: How The German Courts Found Their Human Rights And Helped The European Courts Find Theirs, Henry Biggs May 2014

Reversal Of Fortune: How The German Courts Found Their Human Rights And Helped The European Courts Find Theirs, Henry Biggs

University of Miami International and Comparative Law Review

No abstract provided.


Divergent Paths, Similar Results: How African Asylum Seekers Have Been Failed In Both Israel And Malta Despite Varying Procedures And Treatment, Edward N. Krakauer May 2014

Divergent Paths, Similar Results: How African Asylum Seekers Have Been Failed In Both Israel And Malta Despite Varying Procedures And Treatment, Edward N. Krakauer

University of Miami International and Comparative Law Review

No abstract provided.


Public Sector Labor Policy: A Human Rights Approach, Robert Hebdon Mar 2014

Public Sector Labor Policy: A Human Rights Approach, Robert Hebdon

Nevada Law Journal

No abstract provided.


Mediation As The Key To The Successful Transfer Of The Case Of Jean-Bosco Uwinkindi From The Jurisdiction Of The Ictr To The Republic Of Rwanda, Taylor Friedlander Feb 2014

Mediation As The Key To The Successful Transfer Of The Case Of Jean-Bosco Uwinkindi From The Jurisdiction Of The Ictr To The Republic Of Rwanda, Taylor Friedlander

Pepperdine Dispute Resolution Law Journal

The article discusses on the history of the Rwanda Genocide of 1994 and the International Criminal Tribunal for Rwanda (ICTR) and different systems of justice that should be involved in prosecuting Jean Bosco Uwinkindi, the suspect of the mass killing at the Rwanda Genocide. It also mentions that three separate processes undertaken in Uwinkindi's gacaca court hearings, including truth-telling, truth-hearing, and truth-shaping.


3(D) View Of India’S Patent Law: Social Justice Aspiration Meets Property Rights In Novartis V. Union Of India & Others, 13 J. Marshall Rev. Intell. Prop. L. 719 (2014), Saby Ghoshray Jan 2014

3(D) View Of India’S Patent Law: Social Justice Aspiration Meets Property Rights In Novartis V. Union Of India & Others, 13 J. Marshall Rev. Intell. Prop. L. 719 (2014), Saby Ghoshray

UIC Review of Intellectual Property Law

Not many constitutional decisions from developing countries find themselves at the center of global debate like the Indian Supreme Court’s Novartis decision invalidating the Gleevec patent. The patent was invalidated under amended Section 3(d) of the Indian Patents Act, which was amended to address some of the concerns of imbalance between the maximalist and minimalist cultures in the pharmaceutical context. Section 3(d) of the Indian Patent Act introduced a new threshold of patent eligibility for pharmaceutical innovation that requires applicants to demonstrate enhanced efficacy of their products. The objective of this Article is to get beyond the reactionary reviews of …


An Expanding Human Rights Corpus: Sexual Minority Rights As International Human Rights, Xavier B. Lutchmie Persad Jan 2014

An Expanding Human Rights Corpus: Sexual Minority Rights As International Human Rights, Xavier B. Lutchmie Persad

Cardozo Journal of Equal Rights & Social Justice

The article argues that sexual minorities are entitled to equal rights under principles of human dignity, equality, and non-discrimination. While international human rights frameworks like the Universal Declaration of Human Rights (UDHR) and regional systems, particularly the European Union’s Charter of Fundamental Rights, provide some protections, sexual minorities remain vulnerable due to the lack of explicit inclusion in most treaties. The European Court of Human Rights (ECtHR) and the UN Human Rights Committee (HRC) have advanced protections through jurisprudence, but significant gaps persist, especially for transgender and intersex individuals. The article advocates for a specialized treaty to address these disparities …


Multiculturalism And Constitutionalism In Latin America, José Antonio Aguilar Rivera Jan 2014

Multiculturalism And Constitutionalism In Latin America, José Antonio Aguilar Rivera

Notre Dame Journal of International & Comparative Law

José Antonio Aguilar Rivera discusses recent reforms to the constitutions of several Latin American states. According to Aguilar Rivera, these reforms tend to recognize and protect the multiethnic and multicultural nature of Latin American socieites. While acknowledging that some have lauded these changes as progressive moves towards a more developed form of democracy, Aguilar Rivera reaches the opposite conclusion. He argues that these trends in Latin American constitutionalism represent an "authoritarian regression" rather than an enhancement of democracy. Aguilar Rivera begins by discussing and critiquing prevalent Western theories of multiculturalism, particularly the versions set forth by Canadian theorists Charles Taylor, …