Human Rights Law Commons^™

Religious Persecution In Communist Albania Through Constitutional And Legal Acts, Sadik Haxhiu, Besard Belegu, Artan Fejzullahu

Occasional Papers on Religion in Eastern Europe

Following the victory of the communist regime in 1944, the new Albanian state built its institutions on a materialist worldview that stood in direct opposition to the universal principles of freedom of conscience and religious belief. The state progressively restricted religious practice until it banned it altogether. This anti-religious campaign proceeded along two tracks: anti-religious political propaganda and the adoption of legal acts prohibiting the practice of religion. A 1967 decree-law banned religious belief outright, and the 1976 Constitution declared Albania the first atheist state in the world. This paper is based on an analysis of legal acts, scholarly literature, …

Elite Mobilisation And Norm Contestation In A Pluralistic Legal System: A Case Study Of The Gambia, Oumie Njie, Abdou Barrow

Global: Jurnal Politik Internasional

This paper examines elite mobilisation and norm contestation within The Gambia's pluralistic legal framework, encompassing common, customary, and Sharia law, in the context of implementing the Convention on the Rights of the Child (CRC). Despite ratification and domestic legislation, implementation has been significantly challenged by religious leaders and traditional authorities who mobilised resistance against key CRC provisions, including prohibitions on child marriage, child labour, and female genital mutilation (FGM), citing incompatibility with local customs and beliefs. This resistance manifested both implicitly through neglect and explicitly through direct contestation. The paper highlights the tension between civil society organisations and international human …

Review Essay: Human Security And Civilian Protection During Violent Conflict, Lauren Spink

The Journal of Social Encounters

No abstract provided.

Uganda’S Two Tyrants, Helen Epstein

The Journal of Social Encounters

No abstract provided.

The Rights Of Religious Minorities In Sudan: A Case Study Of Armenians, Jon Armajani

The Journal of Social Encounters

This essay examines the constitutions of the Republic of Sudan and minority rights, with a focus on Armenians in that country.  It provides (1) the demographics of Sudan; (2) an overview of the Armenians of Sudan; (3) a history of Sudan’s constitutions; (4) an analysis of their provisions and related laws on minority rights, citizenship, naturalization, and inheritance; (5) an overview of Sudan’s civil war, which began on April 15, 2023, and (6) a concluding section which analyzes risks to Armenians and other religious and ethnic minorities in Sudan.

The Confluence Of Conflict-Induced Vulnerability, Organized Crime, And Sex Trafficking In Receiving States: A South African Civil Society Perspective, Monique Emser

Dignity: A Journal of Analysis of Exploitation and Violence

The crime-conflict nexus has been well-documented in conflict-affected and post-conflict states. Criminal networks make use of manifold methods and strategies to exploit individual and structural vulnerabilities, particularly those affected by war, displacement, and precarious migration journeys, forming the backbone of most conflict-induced trafficking ecosystems, whether in countries of origin, transit, or receipt. This article examines the intersection of sex trafficking, diaspora communities, and organized crime within South Africa as a receiving state from a civil society perspective. It underscores the deficiencies in traditional, reductionist, enforcement-based approaches to counter-trafficking by the state, where nested subsystems, such as those produced by endemic …

The Institutional Production Of Ethical War Across Modern Conflict, Katerina Udov

Binghamton University Undergraduate Journal

This paper argues that modern warfare operates through an ethical infrastructure that enables, rather than restrains, the use of violence. Contrary to the common assumption that moral frameworks such as Just War Theory function as safeguards against harm, the historical record shows that ethical language, humanitarian rhetoric, and democratic narratives serve as mechanisms to legitimize intervention, manufacture consent, and naturalize civilian suffering. Through case studies including Vietnam, Iraq, Afghanistan, U.S.-backed coups in Latin America, and French intervention in Mali, the paper traces how political leaders, media institutions, and corporate actors frame war as a moral necessity while pursuing strategic and …

How Disability Inclusion Shapes Student Experiences In Egyptian Public Universities, Ramez Maher

Theses and Dissertations

The inclusion of students with disabilities in higher education is a critical aspect of equity, social justice, and human rights, particularly in Egypt, where systemic barriers continue to hinder access to education for this demographic. Despite the enrollment of approximately 19.4 million students in 2018, only 38,135 students with disabilities were admitted, highlighting the significant challenges they face in accessing higher education.   Through a qualitative approach employing reflexive thematic analysis, this study explores the interplay of institutional policies, cultural attitudes, and accessibility challenges that affect the educational experiences of students with disabilities in Egyptian public universities. The analysis of 21 …

Making Noise Through Law: Indigenous Legal Mobilisation Against A Power Plant In “French” Guiana, Pierre Auzerau

Tipití: Journal of the Society for the Anthropology of Lowland South America

In so-called “French” Guiana, or Guyane, the Kali’na village of Atopo Wipi has fought for years against a hydrogen power plant being built on their land. Drawing on ethnographic fieldwork conducted between 2023 and 2024 in Guyane and Western Europe, where I collaborated with various stakeholders to support Atopo Wipi’s resistance to the power plant, my research focuses on the legal dimensions of the Kali’na’s struggle to protect their land. Specifically, this article examines how the Kali’na navigated different normative frameworks, including international human rights standards and French law, to fight the project. Through this analysis, I show how the …

All But The Death Penalty: Incomplete Protection For Civilian Internee Mothers, Minju Kwon

Political Science Faculty Articles and Research

How did unrecognised gender biases impact the codification of international humanitarian law (IHL)? While recent studies on IHL have highlighted historical lawmaking processes, little research has examined gender biases behind the codification of the “Protection of Women” in the Geneva Conventions and additional protocols. This study examines gender biases and state interests reflected in the codification process by focusing on Article 76§3 of the 1977 Protocol Additional I, which incompletely protects civilian women internees who are pregnant or have dependent children by prohibiting execution but leaving room for pronouncement of the death penalty. Referring to the theory of benevolent sexism, …

Beyond The Ban: Chhaupadi Abolition And The Governance Of Menstrual Autonomy In Western Nepal, Nikita Paudel

Master in Public Policy Theses

This thesis examines how two decades of efforts to abolish chhaupadi have shaped the everyday conditions under which women and girls experience menstruation in western Nepal. Chhaupadi, commonly understood as menstrual seclusion, has been addressed through Supreme Court directives, national policy, criminal law, municipal implementation instruments, hut demolition campaigns, public health programming, and rights-based advocacy. Yet the practice has persisted, adapted, and in some cases moved into less visible spaces. Rather than treating this as a simple gap between law and practice, this thesis asks how abolition efforts themselves have become part of the regulatory regime through which menstruation is …

Incorporating Principles And Wisdom From Hospital Chaplaincy And Pastoral Ministry To Create A Ministry Model To Address Social Isolation And Loneliness In Black Churches, Albert A. Kemp

Doctor of Ministry Projects and Theses

To address the growing and widespread epidemic of social isolation and loneliness, with special focus on Black churches, this dissertation developed a program with the following areas of application: 1) how healthcare trained chaplains can coordinate with churches to positively impact individuals identified as lonely and socially isolated with better social and physical health, 2) how principles of chaplaincy and pastoral care can mitigate and intervene competently when such people are identified, and 3) how the project’s model can be organized, taught, and incorporated into existing arenas of church ministry.

The purpose of the project was to create a ministry …

The Legacy Of Lead: Lead Exposure's Harmful Effects And Its Concentration In Poc Communities, Layla Sophronia Barber

Student Theses 2015-Present

This thesis examines the disproportionate burden of lead exposure carried by low income, POC communities. The systemic nature of this problem is a symptom of a longstanding legacy of environmental injustice in the United States. Decades of federal neglect are reflected in the higher statistics of lead exposure and poisoning in predominantly black communities. While it is understood that lead exposure poses a serious threat to physical health and early cognitive development, there is a discouraging lack of urgency to remove the toxin from non-wealthy communities. The material covered by this thesis aims to identify and correct the discriminatory social …

Choosing Death: The Moral Legitimacy Of Voluntary Active Euthanasia, Emma Rougeou

Honors Theses

During the last three decades, the issue of physician assisted suicide has captivated the interest of private citizens and state legislatures. Thinking about the matter of end-of-life concerns, particularly surrounding euthanasian (practices that hasten the deaths of suffering terminally ill people) have shifted. Views of private citizens and state-level legislation reflects a “slow shift to more permissive attitudes” (Cohen et al., 2012). Meanwhile, as recently as March 2026, state legislators in conjunction with the NY State Governor, passed a bill legalizing medical aid in dying for terminally ill patients. This thesis is intended to thoughtfully contribute to meaningful discourse on …

Adaptability From Tv & Film Into Theatre | The Subversion Inspiration In Celia’S Identity Versatility Throughout William Shakespeare’S As You Like It, Emani White

LSU New Orleans Theses and Dissertations

This thesis explores the inspiration of adaptability skills, pivoting from television and film into theatre, and the potential of unconventional pathways as a catalyst for reconciling anti-traditionalism within the mediums. It offers insight into the obstacles, segues, and adversities faced during the journey of a former athlete turned television and film actor, and into a theatre actor. It illuminates agency as a subversive identity (the disguise), the sacrifice of status, and the need for an emotional anchor of resilience—acknowledging the systemic transitional barriers in performance, career, and education. The paper also discusses the understandings gained from my journey as an …

Chicago, Arbitrary Detention And Torture: An Examination Of Human Rights Violations And Legal Responses Under The Second Trump Administration, Gianna Keuer

Bates College Undergraduate Law Review

This paper uses a human rights-based analysis to explore the legal implications of the second Trump administration’s deportation policies, using frameworks enacted by international legal organizations and state-level bodies. Drawing upon the Convention Against Torture, the International Covenant on Civil and Political Rights, and established state policies, the paper identifies important jus cogens norms against arbitrary detention and torture. With Chicago serving as a case study, the paper explores different avenues that have been employed to counter violations of prohibitions of arbitrary detention and torture, ultimately concluding that state-level policy responses and impact litigation cases serve as a more efficacious …

What Bombs Cannot Occupy: Memory, Heritage, And War In Ukraine, Dalton D. Conden

The Penguin Review

Air-raid sirens have become part of the daily soundscape in Ukrainian cities. They interrupt meals, classes, conversations, and sleep. When they blare, people gather what they can and move quickly sometimes to shelters, sometimes to basements, sometimes nowhere at all. Families lock their doors without knowing whether they will ever turn the key again. Children carry backpacks filled with whatever seemed important in the moment: a photograph, a stuffed animal, a book pulled hastily from a shelf. Around them, buildings that once anchored everyday life—churches, museums, historic neighborhoods— have been damaged or destroyed.

Gender-Based Violence And Botswana's Constitutional Failure To Protect Women's Rights, Cameron Mcdonald

Immigration and Human Rights Law Review

Gender-based violence (“GBV”) remains a pervasive human rights issue throughout Botswana. When it comes to gender equality, Botswana’s dual constitutional and customary legal system is a paradox. Despite its commitment to equality and nondiscrimination, Botswana’s Constitution allows customary courts to discriminate freely to preserve traditional practices that disadvantage women. These traditional practices affect women’s right to property, inheritance, marriage, legal representation, and personal safety. Customary law continues to constrain women’s right to economic autonomy and access to justice, leaving many women dependent on the men who abuse them. As a result, many Batswana women experience structural discrimination in both their …

Silencing Liberty: Why Curtailing Noncitizens' Speech Is Un-American, Erin Gray

Immigration and Human Rights Law Review

Since the October 7, 2023, attack on Israel thousands of students across the world protested Israel’s involvement in the war on Gaza. Many of these protests occurred at American universities. When President Trump returned to the White House in 2025, he publicly threatened to and deport noncitizen students who participated in these protests. Following through with his promise, President Trump revoked multiple students’ visas after they participated in some form of Pro-Palestine advocacy. This Article explores whether President Trump’s actions are constitutional under the First Amendment. Ultimately, this Article concludes that President Trump violated the First Amendment by targeting noncitizen …

The Myth Of The Immigrant As A Criminal: Rhetoric, Otherness, And The Legal Construction Of Danger, Katerina Fernandez

Immigration and Human Rights Law Review

The figure of the “criminal immigrant” occupies a central place in contemporary U.S. immigration discourse, shaping public perception, enforcement priorities, and legal doctrine. Yet a substantial body of empirical research consistently demonstrates that immigrants—both documented and undocumented—commit crimes at lower rates than native-born citizens. This Note examines why the narrative of immigrant criminality persists despite this evidence and how it influences the development and operation of immigration law. It argues that “immigrant” functions not only as a legal category but also as a socially constructed marker of Otherness, encompassing perceived differences in race, language, culture, and religion. Through this lens, …

The Expanding Digital Border: Ai, Surveillance, And The Fight For Justice, James Chesser

Immigration and Human Rights Law Review

As artificial intelligence transforms the mechanisms of immigration control, the modern border has become a digital filter—one governed less by geography and more by code. This Article examines the legal, technical, and ethical implications of AI-driven systems now central to global border enforcement, including biometric surveillance, algorithmic risk scoring, and predictive profiling. It explores how states use these technologies not only to manage irregular migration, but to compete for global talent—constructing migration regimes that reward capital and compliance while eroding transparency, due process, and equality.

Through an international and comparative lens, the piece highlights the expansion of algorithmic decision-making across …

Armed Conflict: Addressing Violations Against Children's Human Rights, Noelia Torres Guillen

Posters - 2026

• Research question: How has armed conflict violated children's human rights, and how have international legal frameworks been effective in addressing these violations?

• The CRC sets the standard international definition, which defines a child as every human being below the age of eighteen years

• There are six grave violations: Killing and maiming of children, the recruitment or use of children as soldiers, sexual violence, abduction, attacks against schools and hospitals, and denial of humanitarian access for children.

• Argument (thesis): Although there are several legal instruments implemented to protect children's human rights during armed conflict, children are still …

Core Elements Of Policy Solutions, Audrey Morrissey

Dignity: A Journal of Analysis of Exploitation and Violence

No abstract provided.

Three Paths To Justice: Comparing Feminist Strategies Against Gender-Based Violence In East Asia, Ashley Chon

The Dialogue

No abstract provided.

The Relevance Of Fr. John A. Kaiser For Human Rights And Peace Advocacy Today, Otieno Ombok

The Journal of Social Encounters

This essay explores the relationship of the work of Fr. John Anthony Kaiser to Kenya’s 2010 Constitution. His life, work, and death embody the very principles and struggles that the new constitution was designed to address. The author also discusses how to continue the work for peace and justice in the spirit of Fr. Kaiser.

The Human Rights Fulcrum: Using Environmental Rights As Leverage For Change, Rebecca Bratspies

Pace International Law Review

“Give me a lever long enough and a firm place on which to stand and I will move the earth." That is how Archimedes famously described the power of levers and the possibility they create for moving something that otherwise seems immovable. His point was that with the use of distance, a fulcrum, and a lever, nothing is really immovable. This same characterization has been applied to human rights law, and its attempts to disrupt patterns of structural dispossession, discrimination and oppression that bedevil human society. Indeed, the metaphor that human rights are a lever for change is relatively common …

Confinement And Consent: A Comparative Analysis Of Sexual Abuse In Finnish And U.S. Prisons, Madison A. Greico

Binghamton University Undergraduate Journal

The Bangkok Rules and The Basic Principles for The Treatment of Prisoners are a specific outline of protections and rights for individuals( Bangkok specifically about women) within prisons adopted by the United Nations compromising states. While The United States is a leader in the United Nations and adopted this set of rules, their failures of commitment are extremely apparent. Every year, thousands of prison rapes occur behind bars in New York alone by the very guards meant to protect them. In Finland, another United Nations member, however, has virtually no record of sexual abuse within their prisons. In investigation of …

Food Councils And Federal Committees: Community Responses To Inaction On Food Insecurity By Government, Kevin O'Connell, Liam R. Rupprecht

Binghamton University Undergraduate Journal

Food insecurity is a devastating force in the United States, as shown by its destructive impact on vulnerable groups like children, racial minorities, and those in poverty. Non-white urban communities of color especially have significantly higher rates of household food insecurity due to systemic racism in American food systems. Despite the prevalence of these factors, they are consistently overlooked by public and private forces. Federal efforts have failed to resolve the issue, leaving it to local “food council” organizations that attempt to help through advocacy and charity. These groups face a difficult task: how can they work to mitigate food …

Incarcerated Youths In Canada And The United States: A Comparative Analysis, Grace A. Mastrangelo

Binghamton University Undergraduate Journal

Are children, who commit adult crimes, deserving of adult punishments? According to the United Nations, not if it harms their well-being. Article 3 of the Convention on the Rights of the Child (CRC) adopted by the United Nations in November 1989, states that 1) the best interests of the child should be the primary consideration of all state actions involving children, 2) governments must allot children the protection and care necessary for their well-being, and 3) governmental institutions, services, and facilities that deal with children must uphold adequate standards for the safety, health, and supervision of children. The CRC is …

Finding Luis: A Creative Nonfiction Account Of Law & Society, Jason M. Leggett

Dissertations, Theses, and Capstone Projects

This essay explores the contradictions in legal theory and human experience through creative nonfiction. Its main purpose is to argue that a truly just society requires acknowledging the profound influence of individual narratives on the law. This is supported by blending personal narratives, critical analysis, and philosophical inquiry to reveal the gap between codified law and lived realities for marginalized individuals. This unique Legal Poetics methodology employs a series of six vignettes, such as the author's and Luis's shared experiences with traumatic brain injury and the denial of justice, as data. By integrating autoethnography, law as narrative, and performativity theories, …