Human Rights Law Commons^™

Towards A Governance Model Of Ungovernable Prisons: How Recognition Of Inmate Organizations, Dialogue, And Mutual Respect Can Transform Violent Prisons In Latin America, José Luis Pérez Guadalupe, James Cavallaro, Lucia Nuñovero

Catholic University Law Review

Study of informal organizations in prisons in Latin America focuses on the exercise of control over daily life inside detention centers, including the extreme example of ‘self-government’ of and by those incarcerated. In Latin America, self-government occurs in the dangerous context of severe overcrowding, limited resources and poor services, aggravated by high levels of violence and illicit markets within prisons. The combination is highly volatile and poses grave dangers to the lives and wellbeing of detainees, authorities and often the larger society beyond prisons. This article considers one pioneering effort to overcome the unfettered control of prison by detainees: the …

Moving From Policies To Performance: Complexities And Evidence, Patrick J. Keenan

Georgia Journal of International & Comparative Law

No abstract provided.

Making The Optimistic Case For Policing Reform: Police As Partners And Reform As True To Democratic Values And America's Vision Of Itself, Dr. Ihsan Alkhatib

Georgia Journal of International & Comparative Law

No abstract provided.

Safety Inside And Out: Why International Human Rights Standards Fail To Curb The Worst Excesses Of Police Policies And Practices, Dr. Mary O'Rawe

Georgia Journal of International & Comparative Law

No abstract provided.

How Police Culture Shapes Use Of Lethal Force: A Response To Flores Et Al., Dr. Tara Lai Quinlan

Georgia Journal of International & Comparative Law

No abstract provided.

Global Impunity: How Police Laws & Policies In The World's Wealthiest Countries Fail International Human Rights Standards, Claudia Flores, Brian Citro, Nino Guruli, Mariana Olaizola Rosenblat, Chelsea Kehrer, Hannah Abrahams

Georgia Journal of International & Comparative Law

No abstract provided.

Political Disaffection And The Struggle Against Impunity, Joannie Jean Phd

Societies Without Borders

The end of the dictatorship in Chile happened in a climate of almost euphoria for the associations of victims and their families. The return of democracy to Chilean society was met with a hope that they would go back to the agenda for social justice laid out by Salvador Allende. 27 years after, the mobilisations of memory still struggle to be heard and have their claims met. Indeed, the groups are still ever present in the fabric of the society, searching for complete truth and effective justice. This paper seeks to shed light on the historical struggle for justice, truth …

The Human Right To Science, Brian K. Gran Phd

Societies Without Borders

No abstract provided.

The Human Right To Science And Disability, Anne M. Bryden Phd

Societies Without Borders

No abstract provided.

Understanding And Promoting The Human Rights Of Autistic People, Keri E. Iyall Smith Phd

Societies Without Borders

Rates of autism diagnosis are on the rise and autistic people are entering the public sphere in new ways, represented in theater, on television, as international experts, and more. Yet, do autistic people experience their full human rights? Experts argue that autistic people suffer discrimination and violations of their human rights, noting that more must be done to ensure the full entitlement of human rights for autistic people (Autism Society ND, Baron-Cohen 2017 and Sarrett 2012). To better understand and promote the human rights of autistic people, this paper applies theories of disability to autism, looking at the biomedical model, …

What An Ethics Of Discourse And Recognition Can Contribute To A Critical Theory Of Refugee Claim Adjudication: Reclaiming Epistemic Justice For Gender-Based Asylum Seekers, David Ingram

Philosophy: Faculty Publications and Other Works

Abstract: Using examples drawn from gender-based asylum cases, this chapter examines how far recognition theory (RT) and discourse theory (DT) can guide social criticism of the judicial processing of women’s applications for protection under the Geneva Convention Relating to the Status of Refugees (1951) and subsequent protocols and guidelines put forward by the United Nations High Commissioner for Refugees (UNHCR). I argue that these theories can guide social criticism only when combined with other ethical approaches. In addition to humanitarian and human rights law, these theories must rely upon ideas drawn from distributive, compensatory, and epistemic justice. Drawing from recent …

The Effective Opening: Nonviolent Movements And How They Can Help To Enforce International Law Pertaining To Human Rights, Emmalyn A. Dewing

University Honors Theses

This thesis paper will examine the following question: How can nonviolent movements create enough pressure on human rights-abusing powers so that the enforcement of international law pertaining to human rights is more viable? Through the lens of this question, the paper will argue that one of the most effective ways to fully enforce international law pertaining to human rights is through the success of nonviolent movements whose goals align with it. This paper will further briefly argue that these movements can be helped by the international community through external support in the form of training and advice. To support this …

Increasing Accountability For Rape In Liberia: The Need For A Forensic System To Increase The Success Rates Of Prosecution, Pela Boker Wilson

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

The need for a fully functioning forensic system has been identified by the Liberian government and international partners, but it has not been addressed. This Article argues that despite a robust framework put in place to create accountability for rape, Liberia needs a system of collecting and processing forensic evidence to increase the success rate of prosecutions that currently fail due to the inadequacy of non-forensic evidence.

Early Survivor Voices And Primary Sources. Modern Slavery: A Documentary And Reference Guide By Laura J. Lederer, Sandra Morgan

Dignity: A Journal of Analysis of Exploitation and Violence

No abstract provided.

Wild Legalities: Animals And Settler Colonialism In Palestine/Israel, Irus Braverman

Journal Articles

This article examines the underlying biopolitical premises of wildlife management in Palestine/Israel that make, remake, and unmake this region's settler colonial landscape. Drawing on interviews with Israeli nature officials and observations of their work, the article tells several animal stories that illuminate the hierarchies and slippages between wild and domestic, nature and culture, native and settler, and human and nonhuman life in Palestine/Israel. Animal bodies are especially apt technologies of settler colonialism, I show here. They naturalize and normalize settler modes of existence, while criminalizing native livelihoods and relations. Utilizing the terra nullius doctrine, creating biblical landscapes by reintroducing extirpated …

Exploring Tactile Art-Making With Deafblind Students And Their Families: An Opportunity For Creative Play, Alice Rodgers

Expressive Therapies Capstone Theses

The impact of a deafblind diagnosis on an individual’s mental health and the well-being of the family involved can be profound. However, current research and available literature for the mental health treatment and therapy practices of deafblind persons and their families is limited (Kyzar et al., 2016; “WFDB Global Report 2018,” n.d.). This thesis used the Leeds Family Psychology and Therapy Service principles (Leeds FPTS) and the Expressive Therapies Continuum with established deafblind teaching strategies to facilitate an original arts-based community project entitled: “Things We Like.” This project provided an opportunity for deafblind students (ages three to 22) and their …

Coronavirus Communication: Interaction Of Church, State, And Constitution In The Pandemic Environment, Valeriia Manchak

Helm's School of Government Conference - 2021-2024

This paper investigates the response to Covid-19 by examining the communication problem between the government and religious institutions. During the outbreak, some faith-based organizations used religion-abetted value judgments which affected viral spread (Whitehead and Perry 2020). Religious institutions can also inspire people to be supportive while the world endures hard times. (Wildman, Bulbulia and et al. 2020). This paper will explain where churches have contributed to the challenges of dealing with the COVID virus and provide recommendations for the better response (Wildman, Bulbulia and et al. 2020). This paper also discusses where the government violated constitutional rights and how to …

Refugee Policy In Australia And New Zealand: An Approach For Resettling Environmentally Displaced Persons?, Sedina Sinanovic

Master's Theses

An increase in human mobility as a consequence of climate change induced slow-onset environmental degradation and sudden-onset natural disasters is expected to be a defining feature of the 21st century. Inexorably shifting the global migratory landscape, the United Nations High Commissioner for Refugees (UNHCR) approximates that roughly 250 million people will be forcefully displaced due to adverse climate impacts by 2050. While there is no international consensus on appropriately categorizing such people, this thesis refers to them as "environmentally-displaced persons" (EDPs). Since EDPs do not qualify for "refugee" status, they are not afforded access to assistance under the 1951 Convention …

Memory And Identity: Inter-Generational Resilience And Construction Of Diasporic Identities Among Somali Refugees, Hamida Dahir Sheikh Ahmed

Master's Theses

The violence and displacement many refugees face often create a lifelong trauma that manifests in many ways within themselves, their families, and communities. The Somali refugee community in the United States is no different. Since their resettlement in America started in the 1990s following the civil war, the community has struggled with different manifestations of that trauma; substance abuse and gang violence among the youth, prominence of depression and suicide rates, rise of domestic violence, as well as other direct and indirect results associated with mental health. This is the reality of many refugee and immigrant communities, coming directly from …

The Role Of Nations-State In Protecting And Supporting Internally Displaced Persons, Daisy Byers

Master's Theses

The rising increase of Internally Displaced Persons (IDPs) has become a global problem. There are over 40 million internally displaced people globally, and 15.9 million are displaced in Africa. These displacements come into place due to war/conflict, corruption, massive human rights violations, natural disasters, urban renewal projects (at the hands of powerful nations such as America, China, France, UK, etc.), and large-scale development projects. According to UNHCR, refugees are people who have international cross-border. In contrast, internally displaced persons must stay within their own country and stay under the protection of their government, even if the government is the reason …

A Bibliometric Analysis Of Research Trends Of Inter Linkages Between Disaster Management And Law, Shashikala Gurpur Dr., Manika Kamthan Dr., Vartika Tiwari Ms.

Library Philosophy and Practice (e-journal)

This study is the bibliometric analysis of research publications that focus on highlighting the inter linkages between disaster management and laws. The main objectives of the study are to determine the frequency of such publications and also to establish that inter linkages between disaster management and law have not received enough attention from the researchers. The data was collected from the Scopus database using VOSviewer software. Literatures written from 2000 to 2020 were perused. The study consisted of a total of 1649 documents which are classified into articles, letters, editorials conference papers, and reviews. Data collected is analyzed and presented …

Out Of Sight, Out Of Mind: Analyzing Inhumane Practices In Mississippi’S Correctional Institutions Due To Overcrowding, Understaffing, And Diminished Funding, Ariel A. Williams

Honors Theses

The purpose of this research is to examine the political, social, and economic factors which have led to inhumane conditions in Mississippi’s correctional facilities. Several methods were employed, including a comparison of the historical and current methods of funding, staffing, and rehabilitating prisoners based on literature reviews. State-sponsored reports from various departments and the legislature were analyzed to provide insight into budgetary restrictions and political will to allocate funds. Statistical surveys and data were reviewed to determine how overcrowding and understaffing negatively affect administrative capacity and prisoners’ mental and physical well-being. Ultimately, it may be concluded that Mississippi has high …

Seeking Asylum In A Modern Society: Global Responses To Latin American Migration, Rebecca Dickinson

Senior Honors Projects

The United States is no stranger to asylum seekers and refugees. The most famous seaport in the country houses a 305-foot-tall statue of a woman bearing a torch with words from the poem The New Colossus by Emma Lazarus etched at her feet: “‘Give me your tired, your poor, /Your huddled masses yearning to breathe free.’”^[1] The Statue of Liberty is a symbolic representation of open arms to immigrants from all walks of life. But if everyone is welcome, why do so few actually gain entrance?

US interventionism policies in the 20th century have defined the lives of millions …

Understanding Modern History Of International Food Law Is Key To Building A More Resilient And Improved Global Food System, Michael T. Roberts

Journal of Food Law & Policy

This article advocates the need for a history of the development of modern international food law and suggests an analytical approach to complement the chronicling of events. Comprehension of this history will help elucidate the evolution of a complicated modern global food system, including its resiliency and vulnerability as demonstrated by Covid-19, thereby providing valuable context for change in the system where needed. This essay makes the case for such a history in three parts. First, it briefly demonstrates the need for a historical perspective through a critical examination of a journal article that speaks to Covid-19 food security in …

Martinez-Cuevas V. Deruyter Brothers And Covid-19: Is It Time To Re-Examine Farmworker Labor Protections?, Margaret Todd, Sarah Everhart

Journal of Food Law & Policy

In the fall of 2020, in the midst of the COVID-19 global pandemic, a closely divided (5-4) Washington Supreme Court, in Martinez-Cuevas v. Deruyter Bros. Dairy Inc.1, held that dairy workers, despite a state wage and hour law2 specifically exempting agricultural workers, are entitled to overtime pay. The Court based its decision, in part, on the dangerous nature of the work performed by the dairy workers.3 Although the decision was specific to dairy workers in Washington, the majority of U.S. farmworkers are not entitled to overtime wages while working jobs that are generally considered dangerous and have been made more …

Baby ‘A’ And Another V Attorney General And Others [2014] Eklr, Samiselo Kayombo

SAIPAR Case Review

On or about 3rd May 2009, Baby A (1st Petitioner) was born as an intersex child.2 On 10th May 2009, Kenyatta National Hospital (2nd Respondent) conducted various medical tests on the 1st Petitioner and on one of the documents that captured the 1st Petitioner’s details, inserted a question mark ‘?’ in the column that indicated the child’s sex. The Petitioners claimed that the entry of a question mark to indicate the sex of Baby A violated the rights of the child to legal recognition, dignity and freedom from inhuman and degrading treatment. These rights were guaranteed in Section 4 of …

Honor Crimes: A Question Of Honor, Culture, And Humanity, Nadia N. Almusleh

Master's Theses

Honor crimes, femicide, domestic abuse and violence are widely prevalent in patriarchal societies. Middle Eastern cultures deeply value protecting the chastity and honor of women. The traditional images of women and the notions of honor and shame are consistently used as justifications for violence and killings. This is not attributable to a single culture or religion. It is rather a manifestation of societal norms around gender-based violence. Feminist activism against honor crimes in the Middle East within the last decade has increasingly received social media attention. However, the impact of this social media activism on government intervention has yet to …

Input To Sr On Contemporary Forms Of Slavery, Including Its Causes And Consequences Regarding The Role Of Organized Criminal Groups, Peggy Frazier, Katherine Kaufka Walts Jd

Center for the Human Rights of Children

The Center for the Human Rights of Children (CHRC), in collaboration with signatory organizations, submits this input in response to the call for submissions made by the Special Rapporteur’s Report on the Role of Organized Criminal Groups with regard to Contemporary Forms of Slavery to inform the forthcoming report to the 76th session of the General Assembly. This input will focus upon the role of organized criminal groups with regard to child labor trafficking (forced labor), and specifically, forced criminality as a form of forced labor.1 We provide input on cases both in the interior of the United States, and …

Gambian And Senegalese Refugee Policies As A Potential Means Towards Regional Stability, Amy Armata

CISLA Senior Integrative Projects

No abstract provided.

Strategic Litigation And The Evolution Of Regional Human Rights Norms: Cases From Germany And The Netherlands, Cole Kovarik

Honors Program: Senior Projects (Public)

This study seeks to fill gaps in our understanding of how private actors participate in international human rights politics by examining civil society involvement in European Court of Human Rights (ECtHR) cases against long-standing democracies. Descriptive analysis of an exhaustive data set of instances of civil society organization (CSO) participation in ECtHR cases against Germany and The Netherlands is complemented by a comparative case study analysis of networks of organizations that mobilized around German and Dutch cases concerning Articles 8 (right to privacy) and 10 (freedom of expression). The data suggest that civil society organizations not only appear before the …