Human Rights Law Commons^™

Sexual Assault Issues Before The War Crimes Tribunal, Diane Orentlicher

Human Rights Brief

No abstract provided.

Immigration - Refugee Act Of 1980 - Resistance To Female Circumcision As Grounds For Political Asylum In The United States, Linda A. Malone

Faculty Publications

No abstract provided.

Abolitionist Feminism, Moral Slavery, And The Constitution: “On The Same Platform Of Human Rights”, David A.J. Richards

Cardozo Law Review

The analogy between race and gender plays an increasingly important role in the interpretation of the Equal Protection Clause of the Fourteenth Amendment. However, interpretive arguments about the analogy make little or no reference to the abolitionist historical background of the Reconstruction Amendments in general and the Fourteenth Amendment in particular. This might make some sense if the only legitimate interpretive appeal to history were Raoul Berger's version of originalism, namely, the specific denoted things (including persons and practices) to which the relevant drafters and ratifiers of the pertinent constitutional text would or would not have applied the language in …

Estranged Fruit: The Reconstruction Amendments, Moral Slavery, And The Rearticulation Of Lesbian And Gay Identity, E. Nathaniel Gates

Cardozo Law Review

David A.J. Richards has composed a thoughtful and suggestive narrative that centers on the excavation of the antislavery constitutionalism forged by a small, but arguably influential, group of antebellum abolitionist feminists. Central to his narrative, and to the constitutional theses of the abolitionist feminists, is the concept of "moral slavery" which, on Richards' account, constitutes a crucial element of the hermeneutic background essential to a proper interpretation of the Reconstruction Amendments. According to Professor Richards, an understanding of the figure of the abolitionist feminist as a "multiple exile and outcast" who in opposing "moral slavery" played a vital role in …

The Good Or Goodnesses Of Polity And Polities À La Liberalism: Plurality Rather Than Unicity, Singularity Beyond Plurality, Richard E. Flathman

Cardozo Journal of International and Comparative Law

The article critiques traditional liberal pluralism, arguing that it often overlooks the importance of singularity—the unique, self-enacted individuality beyond mere diversity. It advocates for a "willful liberalism" that emphasizes individual freedom and the pursuit of self-defined goals, moving beyond both rationalist uniformity and communitarian group identities. This form of liberalism seeks to balance diversity with a deeper appreciation for individual uniqueness, guided by virtues like civility and courage.

Canada's Charter: Rights Protection In The Cultural Mosaic, Lorraine Weinrib

Cardozo Journal of International and Comparative Law

The Canadian Charter of Rights and Freedoms, enacted in 1982, was a transformative constitutional document designed to deepen Canada's commitment to liberal democracy by recognizing a multi-faceted rightholder embedded in both individual and community identities. It aimed to balance diverse cultural, linguistic, and ethnic interests, particularly addressing Quebec's distinct identity while promoting a unified Canadian identity. However, the Charter's implementation and interpretation have been marked by ongoing political and legal challenges, particularly in Quebec, where it has been both a tool for asserting minority rights and a focal point for separatist movements.

Ua21 Wku Affirmative Action Plan, Wku Office Of Equal Opportunity / 504 / Ada Compliance

WKU Administration Documents

This report consists of the following parts:

• Introduction
• Statement of Purpose
• Affirmative Action Plan for Minorities & Women
• Affirmative Action Plan for Covered Veterans & Persons with Disabilities

Female Genital Mutilation In The United States: An Examination Of Criminal And Asylum Law, Layli Miller Bashir

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Book Review: From Basic Needs To Basic Rights: Women's Claim To Human Rights. Edited By Margaret A. Schuler. Washington, D.C.: Women, Law And Development International, 1995. 597 Pages., Joel Armstrong Schoenmeyer

Michigan Journal of Gender & Law

In the review of this work, Schoenmeyer will adhere to the structure provided by Schuler. In doing so, he will give an overview of the topics addressed in each individual section and then attempt to tie together and further analyze some of the book's main concepts.

Human Rights And Community Development Through Low-Income Women's Leadership: The Voice Of An African-American Organizer, Claudine Michel

William Monroe Trotter Institute Publications

In this essay, I argue that grassroots organizing appears as one of the most viable option worldwide until women are better protected through legislation and public policy. I also posit that it is important to learn from divergent leadership philosophies, from the different values, roles and styles that women adopt in various parts of the world in the course of their day-to-day activities and in their efforts to organize, to support current community programs, and to train future community leaders. This essay relates the experiences of a grassroots organizer and presents what I believe to be a successful model of …

China's Denial Of Tibetan Women's Right To Reproductive Freedom, Eva Herzer, Sara B. Levin

Michigan Journal of Gender & Law

This Article first provides a historical account of the social and political context of the PRC's family planning policies in Tibet. Part B describes the PRC's official family policies from 1982 to the present. Part C discusses the PRC's actual practices, including its population quota controls, focusing on the forced and coerced abortions and sterilizations performed on Tibetan women. Part D applies international human rights law and concludes that the PRC's family planning policy, as implemented, violates international human rights laws. The Article concludes by recommending points of action for the PRC and international community to address these human rights …

Granting Political Asylum To Potential Victims Of Female Circumcision, Gregory A. Kelson

Michigan Journal of Gender & Law

Part I of this article examines two cases. In one case, a United States immigration court allowed female circumcision as a defense to deportation. In another case, the Canadian Immigration and Refugee Board granted political asylum after recognizing female circumcision as a form of persecution. Part II assesses the extent of protections currently provided for potential victims of female circumcision under U.S. asylum law and analyzes the factors that a court should consider when making asylum determinations. Part III recommends that gender should be added to the enumerated grounds for persecution under U.S. asylum law. This section provides a hypothetical …

Women's Rights As Human Rights - Rules, Realities And The Role Of Culture: A Formula For Reform, Berta E. Hernández-Truyol

UF Law Faculty Publications

Beijing, China. Tuesday, September 5, 1995. Beijing International Conference Center (BICC). The afternoon plenary of the United Nations Fourth World Conference on Women: Equality, Peace, Development is about to start in a hall too small to seat everyone who wants to be there. Other than places for some of the delegates from each attending State, space is limited and in high demand. A lucky few lined up for hours to get a ticket; many ended up negotiating prime space in front of one of several TV screens strategically located throughout the building. A hushed silence fell in the hall and …

Introduction, Belinda Cooper

Cardozo Journal of Equal Rights & Social Justice

The article explores the emergence and gradual integration of feminist jurisprudence in Germany, highlighting the challenges and opportunities faced by women in law as feminist ideas begin to influence legal academia and practice. It traces the development of feminist legal scholarship in Germany, starting from its early stages in the 1980s to the establishment of institutionalized feminist jurisprudence at Humboldt University. The article introduces a collection of writings that examine key legal issues affecting women in Germany, emphasizing the interplay between German and European Community law, as well as the cultural and historical contexts that shape legal discourse.

On The History Of Fathers' Rights And Mothers' Duty Of Care, Sibylla Flügge

Cardozo Journal of Equal Rights & Social Justice

The article examines the historical evolution of custody rights in Germany, focusing on the shift from maternal preference to increasing recognition of fathers' rights. It argues that the legal system's move toward joint custody and equal parental rights reflects broader societal changes in gender roles, while also critiquing the potential backlash against women's emancipation. The analysis highlights how improvements in fathers' legal standing have often coincided with decreased obligations for men to actively care for children, raising concerns about the practical implications for mothers and children.

Using The American Courts To Prosecute International Crimes Against Women: Jane Doe V. Radovan Karadzic And S. Kadic V. Radovan Karadzic, Rachel Bart

Cardozo Journal of Equal Rights & Social Justice

The note examines the use of the Alien Tort Claims Act (ATCA) and the Torture Victim Protection Act (TVPA) to prosecute international crimes against women, focusing on the *Karadzic* cases. It argues that these cases represent a significant expansion of U.S. federal jurisdiction over human rights abuses, particularly gender-based violence, committed abroad. The Second Circuit's decision to reverse the district court's dismissal and the Supreme Court's denial of certiorari affirmed the applicability of ATCA and TVPA to non-state actors and clarified their role in enforcing international human rights standards.

Women In Iran: Obstacles To Human Rights And Possible Solutions, Alison E. Graves

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Gender-Based Criteria For Asylum, Gabriel Eckstein, Gregg Epstein

Human Rights Brief

No abstract provided.

Women, Just Implementation Of Asylum Policy, And Our Commitment To Human Dignity And Freedom, John Linarelli

Human Rights Brief

No abstract provided.

Gender Asylum Reflects Mistaken Priorities, Dan Stein

Human Rights Brief

No abstract provided.

Anti-Essentialism, Relativism, And Human Rights , Tracy E. Higgins

Faculty Scholarship

Confronted with the challenge of cultural relativism, feminism faces divergent paths, neither of which seems to lead out of the woods of patriarchy. The first path, leading to simple tolerance of cultural difference, is too broad. To follow it would require feminists to ignore pervasive limits on women's freedom in the name of an autonomy that exists for women in theory only. The other path, leading to objective condemnation of cultural practices, is too narrow. To follow it would require feminists to dismiss the culturally distinct experiences of women as false consciousness. Yet to forge an alternative path is difficult, …

(Dis)Assembling Rights Of Women Workers Along The Global Assembly Line: Human Rights And The Garment Industry Symposium: Political Lawyering: Conversations On Progressive Social Change, Laura Ho, Catherine Powell, Leti Volpp

Faculty Scholarship

Some observers would like to explain away sweatshops as immigrants exploiting other immigrants, as "cultural, or as the importation of a form of exploitation that normally does not happen here but occurs elsewhere, in the "Third World." While the public was shocked by the discovery at El Monte, garment workers and garment worker advocates have for years been describing abuses in the garment industry and have ascribed responsibility for such abuses to manufacturers and retailers who control the industry. Sweatshops, like the one in El Monte, are a home-grown problem with peculiarly American roots. Since the inception of the garment …

Report On The Consultation With The Maritime School Of Social Work Community, Dianne Pothier

Dianne Pothier Collection

In my assessment there is a genuine and strong commitment to affirmative action and anti-racism at the MSSW. But that in itself is only the beginning. Real cross cultural understanding is a major challenge, and needs to be constantly worked at. In the process, mistakes will be made on all sides. Allowances need to be made for that. The School looks at itself compared to other institutions; critics look at the School compared to an ideal world. Neither perspective holds the complete truth. The MSSW needs to continue to work at the effectiveness of its affirmative action program, defining that …

From Human Rights Law To Program Reality: Vienna, Cairo, And Beijing In Perspective Conference On The Interventional Protection Of Reproductive Rights, Mona Zulficar

American University Law Review

No abstract provided.

Rights, Refuge Women And Reproductive Health Conference On The Interventional Protection Of Reproductive Rights: The Impact Of Reproductive Subordination On Women's Health , Lauren Gilbert

American University Law Review

No abstract provided.

Reclaiming The African Woman's Individuality: The Struggle Between Women's Reproductive Autonomy And African Society And Culture Conference On The Interventional Protection Of Reproductive Rights: Religious & Cultural Rights , Fitnat Naa-Adjeley Adjetey

American University Law Review

No abstract provided.

Inter-American System: Opportunities For Women's Rights, The Conference On The Interventional Protection Of Reproductive Rights: Civil & Political Rights And The Right To Nondiscrimination , Claudio Grossman

American University Law Review

No abstract provided.

Draft Optional Protocol To The Convention On The Elimination Of All Forms Of Discrimination Against Women Conference On The Interventional Protection Of Reproductive Rights , Women In The Law Project, International Human Rights Law Group,And The Maastricht Centre For Human Rights Law

American University Law Review

No abstract provided.

Conference On The Interventional Protection Of Reproductive Rights: Preface , Lauren Gilbert, Ann Shalleck, Claudio Grossman

American University Law Review

Reproductive Rights conference

Reproductive Health And Cedaw Conference On The Interventional Protection Of Reproductive Rights: The Right To Health, Carlota Bustelo

American University Law Review

No abstract provided.