Human Rights Law Commons^™

Does The Right To Counsel On Appeal End As You Exit The Court Of Appeals?, Nancy P. Collins

Seattle Journal for Social Justice

No abstract provided.

Improving Access To Justice: Plain Language Family Law Court Forms In Washington State, Charles R. Dyer, Joan E. Fairbanks, M. Lynn Greiner, Kirsten Barron, Janet L. Skreen, Josefina Cerrillo-Ramirez, Andrew Lee, Bill Hinsee

Seattle Journal for Social Justice

No abstract provided.

Congress' Encroachment On The President's Power In Indian Law And Its Effect On Executive-Order Reservations, Mark R. Carter Jd, Phd

Seattle Journal for Social Justice

No abstract provided.

Fall Roundtable: Africa And Human Rights, Introduction

Human Rights & Human Welfare

An annotation of:

“Kenya’s Somali Contradiction” Ben Rawlence. Project Syndicate. September 30, 2013.

Towards A Framework Convention On Global Health, Lawrence O. Gostin, Eric A. Friedman, Kent Buse, Attiya Waris, Moses Mulumba, Mayowa Joel, Lola Dare, Ames Dhai, Devi Sridhar

Georgetown Law Faculty Publications and Other Works

A global health treaty, a Framework Convention on Global Health (FCGH)–grounded in the right to health, with the central goal of reducing immense domestic and global health inequities–could serve as a robust global governance instrument to underpin the United Nations post-2015 Millennium Development Goals (MDGs). It would ensure for all people the three essential conditions for a healthy life–public health, health care, and the positive social determinants of health–while advancing good governance, responding to drivers of health disadvantages for marginalized populations, elevating health in other legal regimes, and enhancing people's ability to claim their rights.

The legally binding nature of …

Gauging The Gender Divide In The Middle East’S Educational System: Causes, Concerns, And The Impetus For Change, Nadia B. Ahmad

Faculty Scholarship

No abstract provided.

Patterns Of Anti-Muslim Violence In Burma: A Call For Accountability And Prevention, Andrea Gittleman, Marissa Brodney, Holly G. Atkinson

Publications and Research

In this report, the authors documents how persecution of and violence against the Rohingya in Burma has spread to other Muslim communities throughout the country. Physicians for Human Rights conducted eight separate investigations in Burma and the surrounding region between 2004 and 2013. PHR’s most recent field research in early 2013 indicates a need for renewed attention to violence against minorities and impunity for such crimes. The findings presented in this report are based on investigations conducted in Burma over two separate visits for a combined 21-day period between March and May 2013.

Legal Services Assessment For Trafficked Children- Cook County, Illinois Case Study, Katherine Kaufka Walts Jd, Linda Rio Reichmann Jd, Catherine Lee Ma

Center for the Human Rights of Children

Child trafficking is one of the most disturbing human rights abuses of our time, involving cases of boys and girls exploited for labor and/or commercial sexual services. These children may suffer physical, sexual, and emotional violence at the hands of traffickers, who can be pimps, employers, and even family members. Trafficking schemes may involve various forms of force, fraud, and coercion, which can be physical and/or psychological in nature. Current research indicates that legal services are a critical component of a comprehensive service delivery model for victims of human trafficking and a realization of human rights. However, little to no …

An Historical Archaeological Investigation Of The Indianola Prisoner Of War Camp In Southwestern Nebraska, Allison Marie Young

Department of Anthropology: Theses and Student Research

Second World War military operations resulted in the capture of thousands of prisoners of war. This led to the creation of internment facilities by both the Axis and the Allies. Archaeologists have begun to examine these facilities. The United States government established a POW program with numerous camps all over the country. This study provides the results of historical archaeological research at the Indianola prisoner of war camp in southwestern Nebraska. A goal of this research is to determine if the archaeological record reflects adherence to the Geneva Convention of 1929. The investigation included archival research and archaeological fieldwork with …

The Kolla Of Argentina: Neoliberal Trends And The Promise Of Law In The Process Of Reframing, Claiming And Maintaining Land Rights, Courtney C. Nussbaumer

The Macalester Review

Indigenous groups around the world have faced countless hardships—the Kolla of northwestern Argentina are no exception. While there is no doubt that the Kolla are a minority group both oppressed and marginalized, they have only recently begun to reconceptualize themselves as indigenous. Kolla identity struggles coupled with larger Latin American trends explained below make the Kolla an excellent case study to conceptualize the larger struggle between neoliberal governments and indigenous employment of international legal norms. Processes of legal globalization have led to the increasing codification of the collective rights of indigenous peoples in Latin America. This can be seen in …

Realizing The Right To Health Through A Framework Convention On Global Health?, Eric A. Friedman, Jashodhara Dasgupta, Alicia E. Yamin, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

This article introduces a special issue of Health and Human Rights (volume 15, issue 1) that features articles exploring potential elements of and key questions and issues surrounding the Framework Convention on Global Health (FCGH). The FCGH is a proposed global health treaty that would be grounded in the right to health, with the aim of closing domestic and global health inequities. It would set standards and ensure financing for health care and public health services, while also addressing social determinants of health. The FCGH would raise the priority of health in other sectors, ensure effective private sector regulation, and …

Advancing The Right To Health Through Global Organizations: The Potential Role Of A Framework Convention On Global Health, Eric A. Friedman, Lawrence O. Gostin, Kent Buse

Georgetown Law Faculty Publications and Other Works

Organizations, partnerships, and alliances form the building blocks of global governance. Global health organizations thus have the potential to play a formative role in determining the extent to which people are able to realize their right to health.

This article examines how major global health organizations, such as WHO, the Global Fund to Fight AIDS, TB and Malaria, UNAIDS, and GAVI approach human rights concerns, including equality, accountability, and inclusive participation. We argue that organizational support for the right to health must transition from ad hoc and partial to permanent and comprehensive.

Drawing on the literature and our knowledge of …

Massacre In Central Burma: Muslim Students Terrorized And Killed In Meiktila, Richard Sollom, Holly G. Atkinson

Publications and Research

This report details the results of a Physicians for Human Rights (PHR) investigation into the March 20 and 21, 2013, attacks on Muslim students, teachers, and residents in the Mingalar Zayyone quarter of Meiktila, a small town in central Burma.

A two-person team, the authors of the report, from PHR conducted 33 interviews about the attacks, which resulted in the deaths of at least 20 children and four teachers. The report details the attacks by the Buddhist mobs, provides evidence that local police officers were complicit in the crimes, and lists policy recommendations for the Burmese government and the international …

The Limits Of Being Transgendered, Kristin Zimmerman, Linda Shuhaiber

Themis: Research Journal of Justice Studies and Forensic Science

Society’s construction of what is acceptable and what is the norm excludes those struggling with the issue of gender identity. Stigmatization of the trans-community has led to a number of issues that have ostracized this group of individuals and created a divide within society. Judgments, misconduct, and assumptions about transgendered and transsexual individuals come as a result of a lack of awareness and knowledge regarding this misrepresented group of people. The unfortunate truth of the matter is that there is no quick fix to the issue at hand. Educating society, changes in policy and the practicing of social acceptance is …

Las Abuelas E La Memoria, Doris Cristobal

Archives of an Activist: Celebrating the Donations of Rita Arditti to UMass Boston

Viví en Buenos Aires Argentina durante cuatro años y en mi estadía en ese país aprendí mucho acerca de los efectos que les había dejado la Dictadura militar de 1976. Conocí a hijos, familiares, madres y abuelas de los desaparecidos y de su trabajo importante luchando por la vigencia de los derechos humanos en la Argentina. Aprendí también, que existen fuertes lazos de solidaridad entre el pueblo argentino y los pueblos de Latinoamérica; por ejemplo que el pueblo argentino es muy agradecido con mi país porque durante la dictadura muchos exiliados encontraron protección del gobierno peruano, y que en la …

Early Warning For The Responsibility To Protect, Henry Dambanemuya '13

Honor Scholar Theses

This is a working paper on early warning system for the responsibility to protect. The paper discusses the evolution of the responsibility to protect (RtoP) norm, its adoption by the United Nations General Assembly and Security Council, and current steps towards implementing the norm through effective early warning and response. The paper seeks to apply principles from complexity science and networks to early warning for the responsibility to protect through an ecosystem model in order to address two key challenges to early warning identified by Secretary General Ban Ki-Moon in his 2010 report on early warning assessment and the responsibility …

“Queering The Rainbow Nation”: An Analysis Of 11 Gay And Lesbian Capetonians’ Perceptions Of Lgbt Identity In Cape Town And The South African Government’S Commitment To Lgbt Equality, Ryan Sasse

Independent Study Project (ISP) Collection

The South African government has made vast strides in the fight for LGBT equality, strides that are unparalleled by any other nation on the African continent. Unfortunately, the lack of hate crime legislation within the country—as well as the government’s unwillingness to address the nation’s resulting violence—often overshadows the accomplishments that have been made over the last few years. Keeping in mind that “[f]eminist research goals foster empowerment and emancipation for women and other marginalized groups, and feminist researchers often apply their findings in the service of promoting social justice for women,” we can see how the LGBT community is …

The Ethics Of ‘Responsibility While Protecting’: Brazil, The Responsibility To Protect, And Guidelines For Humanitarian Intervention, James Pattison

Human Rights & Human Welfare

In the aftermath of the NATO intervention in Libya, the responsibility to protect (RtoP) doctrine has received considerable blowback. Various states, most notably some of the ‘BRICS’ states (Brazil, Russia, India, China, and South Africa), claimed that NATO exceeded its mandate given to it by United Nations Security Council (UNSC) Resolution 1973 (by allegedly focusing on regime change rather than on the protection of civilians), was inappropriate in its target selection, violated the arms embargo by transferring arms to rebels, and generally caused too much harm to civilians and civilian infrastructure.1 It was also suggested that the UK, US, and …

Justice Across The Hemispheres: The Effect Of The Pinochet Arrest On Domestic Courts In Chile And Spain, Audrey A. Hansen

Honors Theses and Capstones

This study examines whether the 1998 arrest, by order of a Spanish judge, of former Chilean President Augusto Pinochet in London for crimes of genocide and terrorism impacted the attitude of Chilean and Spanish courts toward prosecuting their own country’s human rights violations. It argues that after 1998 Chile’s judiciary increased prosecutions against former regime officials, while the Spanish judiciary upheld Spain’s 1977 Amnesty Law and declined to participate in the national discourse on the country’s past human rights violations. This research includes a comparative case study of Chile and Spain, their recent histories, their judiciaries’ attitudes towards prosecution of …

Mobilization After Repression: Reconsidering The Role Of Testimonies And Exiles In Post-War El Salvador, Angela Elena Fillingim

Societies Without Borders

During the civil war in El Salvador, the Salvadoran military engaged in the systematic disappearance of youth and facilitated their adoptions. Presently Found, a Salvadoran human rights NGO, works to reunite these youth with their surviving biological families. However, a key difference between Found and other similar organizations, is that the former was established in the post-war context. Through a case study of Found, and placed in comparative light with a similar phenomenon in Argentina, I will show that traditional mobilization strategies face new obstacles in a post-war context. Specifically, while Found engaged in many of the same movement tactics …

Constructing Gendered Ngo Selves: Utilizing Identity Work To Assess Ngo Gender Advocacy And Politics, Steven L. Arxer

Societies Without Borders

This paper seeks to address a need in development and international literature regarding assessments of nongovernmental organizations (NGO). While NGO scholars have provided a great deal of information regarding NGO service evaluation, there are relatively few detailed studies that look at what is happening within these organizations as solutions to problems related to development and democratization. This paper uses both a developed sociological lens and empirical case study from Latin America to illustrate the internal gender dynamics of NGOs and the value of a narrative approach for making evaluations of NGO efficacy. It is shown that NGO members’ experiences as …

Review Of White Party, White Government: Race, Class, And U.S. Politics By Joe R. Feagin, David G. Embrick

Societies Without Borders

No abstract provided.

The Real Terrorist Was Me: An Analysis Of Narratives Told By Iraq Veterans Against The War In An Effort To Rehumanize Iraqi Civilians And Soldiers, Stephanie Decker, John Paul

Societies Without Borders

War often necessitates or compels the dehumanization of the enemy. Taking away the humanity of a group of people makes them easier to kill and commit atrocities against them while relieving the soldiers, as well as the public at large, of having to deal with any moral dilemmas related to their actions. Additionally, once a people have been dehumanized, it is a difficult task to change those attitudes, particularly when it causes one to examine their own role in civilian causualties, war crimes, and other abuses. While it is not a new phenomena for servicemen and women to return from …

The “Arab Spring” And Its Theoretical Significance: Samuel Huntington’S Theory, “The Clash Of Civilizations,” Revisited, Mahmoud "Max" Kashefi

Societies Without Borders

Using the characteristics and the demands of the recent uprisings in the Middle East and North Africa or so called “Arab Spring,” this study questions the significance of some propositions deduced from Huntington’ popular theory of “The Clash of Civilizations.” The research asserts that globalization, especially the development of new technology, has created opportunities for the new generations in the region to be acculturated with a set of values reflecting their basic civilian and human rights. The new values, while credited with the development in the West, belong to all human beings and are gaining the status of universal human …

Globalization And Law: Law Beyond The State, Ralf Michaels

Faculty Scholarship

The chapter provides an introduction into law and globalization for sociolegal studies. Instead of treating globalization as an external factor that impacts the law, globalization and law are here viewed as intertwined. I suggest that three types of globalization should be distinguished—globalization as empirical phenomenon, globalization as theory, and globalization as ideology. I go on to discuss one central theme of globalization, namely in what way society, and therefore law, move beyond the state. This is done along the three classical elements of the state—territory, population/citizenship, and government. The role of all of these elements is shifting, suggesting we need …

Food: A Human Rights Issue Ignored In Sociology, Kathryn Strother Ratcliff, Trisha Tiamzon

Societies Without Borders

Mainstream sociology, including the sociology of health, has been remiss by ignoring food as an important human right both in the United States and globally. This article documents the neglect of food as a topic of sociological inquiry and argues for the centrality of a sociological lens in understanding food as a human right. Sociological ideas are important in understanding forces which have encouraged the globalization of food production and distribution, decreased the equality of access to nutritious food, and threatened core human rights. Sociologists as teachers and researchers need to become academic activists on this important human rights topic.

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 …

A Critical View Of Graduate Unions, Deeb Paul Kitchen Ii

Societies Without Borders

Institutions of higher education increasingly focus on their economic functions and have adopted labor force practices that resemble private businesses. One such strategy is a greater reliance on employing graduate students to perform tasks previously done by faculty. Simultaneously, graduate employees have organized labor unions and pushed for rights and benefits other organized workers have sought. This is a practice that should be of concern to human rights sociologists, lest we neglect to critically reflect on the social relations that our work is embedded within, thereby damaging our abilities to champion the oppressed. This case study examines how graduate labor …

Review Of Between Feminism And Islam: Human Rights And Sharia Law In Morocco By Zakia Salime, Dana M. Olwan

Societies Without Borders

No abstract provided.

Review Of Islam And Human Rights Tradition And Politics By Ann Elizabeth Mayer, Aria Nakissa

Societies Without Borders

No abstract provided.