Human Rights Law Commons^™

A Litany For Blessed Diversity, Emma De Ramón Acevedo, Marco Enríquez, Jordi Padilla-Delgado, Ammel Sharon

Popular Media

No abstract provided.

Response To A Political Critique And Personal Attack Against A United Nations Report That Presented New Evidence About Prostitution As A Cause And Consequence Of Violence Against Women And Girls, Reem Alsalem

Dignity: A Journal of Analysis of Exploitation and Violence

Reem Alsalem, the United Nations Special Rapporteur on the Elimination of Violence Against Women and Girls, Its Causes and Consequences, responses to the false and unfounded accusations and personal attacks on her Report on Prostitution and Violence Against Women presented before the 56^th session of the United Nations Human Rights Council in Geneva, 2024. I presented new evidence regarding the relationship between violence against women and girls and prostitution. Using human rights law, the Report described how prostitution is a system of abuse, exploitation, and violence against women and girls. The Report’s goal was to clarify concepts and terminology, …

Duty Bearer-Right Holder In Law Number 4 Year 2024 On Maternal And Child Welfare In The First Thousand Days Of Life Phase, Tiyas Nur Haryani

Jurnal Ekonomi Kependudukan dan Keluarga

Law No. 4 Year 2024 on Maternal and Child Welfare in the First Thousand Days of Life has been promulgated by the government of the Republic of Indonesia. The regulation guarantees the implementation and fulfilment of the needs of mothers and children in order to improve the quality of human resources. This article aims to map the duty-bearers-rights holders in the draft law on maternal and child welfare in the first thousand days of life. Analysing the position of maternal mothers is the main focus of this research, as maternal mothers are the main subjects in the draft law on …

Identifying Intangible And Biocultural Heritage Elements Toward Environmental Understanding: Engaging Stakeholders Through Art, Martha B. Lerski

Publications and Research

Grounded in a case study in Barbuda in the Caribbean, this research examines sustainability from the perspective of what arts and heritage can contribute to community engagement and local and broader understandings about the environment. This article documents a growing body of literature recognizing the role of arts and culture, including local knowledge and traditional ecological knowledge (TEK), in climate change endeavors. Art and TEK present expansive world views. Contextual information situates research done on the island of Barbuda pre- and post-Hurricane Irma. Visual arts workshops engaged community members in mixed methods research. Results documented cultural elements, particularly intangible and …

Land Back To Right Of Return: Proposing Paths Forward In Palestine, Melanie Kallah

CMC Senior Theses

This thesis presents a parallel case study of the settler colonial histories of Canada and Palestine. The Land Back Movement was first analyzed to determine what conditions enabled the success of Indigenous land restitution in Canada. Subsequently, a cross-analysis with Palestine was conducted to ascertain whether the same enabling conditions could facilitate Palestinian land restitution, known as the Right of Return.

The Inextricable Link Between Gendered Security And State Stability: Strategic Costs Of U.S. Humanitarian Retrenchment, Kirby Eh Kimball

CMC Senior Theses

This thesis examines the strategic consequences of the 2025 U.S. foreign aid freeze on gendered security in conflict-affected states, focusing on Sudan, Syria, and Ukraine. It argues that gendered security—the protection, empowerment, and rights of women and girls—is not a peripheral humanitarian concern but a foundational determinant of state stability, development, and democratic resilience. Through a qualitative comparative case study methodology, the research synthesizes empirical literature, United Nations reports, human rights documentation, and cross-national statistical analyses to demonstrate how the collapse of gender-focused humanitarian programs following the aid freeze will critically exacerbate conflict-related sexual violence (CRSV), weaken state institutions, and …

The Effectiveness Of The Hague Convention In Addressing International Child Abduction, Areej A. Dakelallah Althubiti

Theses and Dissertations

Parental child abduction is a growing concern fueled by immigration, cross-cultural marriages, evolving family dynamics, and gaps in the implementation and enforcement of developed international frameworks. This study examines the effectiveness of and challenges to the enforcement of the Hague Convention on the Civil Aspects of International Child Abduction (HCCA), which was developed to address this problem. Specifically, the goal of this research is to assess the effect the HCCA has had on parental kidnapping, analyze its effectiveness in resolving international custody disputes, and identify the legal and practical obstacles that inhibit implementation. While the prevalence of parental kidnapping continues …

Crimes Against Humanity And Customary International Law, Leila Nadya Sadat

Scholarship@WashULaw

A draft text of a treaty on the prevention and punishment of crimes against humanity was finally sent to negotiations by the U.N. General Assembly on December 4, 2024, after six long years of advocacy by States and civil society. Questions remain, however, with regard to how crimes against humanity will be defined in the new treaty. On the one hand, some States have embraced a definition of crimes against humanity that tracks Article 7 of the Rome Statute of the International Criminal Court (“ICC”). Other States have rejected Article 7 as the basis for the new treaty, but theirs …

It’S Not Too Late For States Parties To Fulfill The Promise Of The International Criminal Court: Three Actions They Should Take Now, Leila Nadya Sadat

Scholarship@WashULaw

What to do about a world in which atrocity crimes appear to be occurring with increasing and alarming frequency? Wars are prosecuted using scorched earth tactics that involve the commission of war crimes and crimes against humanity, credible allegations of genocide have been leveled at States in several corners of the globe, and acts and wars of aggression, which will be the subject of discussion at the upcoming International Criminal Court (ICC) Review in July, are on the rise.

The United Nations and other international institutions seem powerless to prevent or contain the violence, and the ICC, which was created …

The Position Of The United States Of America Vis-A-Vis The Question Of Western Sahara: Assessing The Role Of Think Tanks In The Conflict, Hamid Baadeche

Graduate Theses, Dissertations, and Problem Reports (ETD)

ABSTRACT

The Position of the United States of America Vis-à-vis the Question of Western Sahara: Assessing the Role of Think Tanks in the Conflict

Hamid Baadeche

Think tank organizations, particularly in the United States, have become a prominent feature of the political landscape. They act as advocates for specific policies that they consider beneficial for the country or a particular societal group. They function as a primary source of information, which they then aim to transform into well-informed policies and sound decisions. They are referred to as "the revolving doors," "idea brokers," and "idea factory." As such, their foremost objective …

Beyond The Threshold Of Protection: Examining Non-Refoulement's Erosion In Contemporary Refugee Law Through The Eu-Turkey Agreement, Aya Osman

Dissertations and Theses

This thesis examines the contemporary relevance and practical implementation of the principle of non-refoulement as established in the 1951 Refugee Convention. While this fundamental principle of international refugee law prohibits the return of individuals to countries where they face persecution, torture, or human rights violations, its widespread violation by state parties raises critical questions about its continued effectiveness and the broader validity of the Convention's framework in today's global context. Through a methodological approach combining legal analysis and case studies of state practices, this paper investigates whether the 1951 framework remains valid and in effect when addressing refugee and immigration …

Rights As Remedies: Using Latin American Legal Channels To Halt U.S. Border Externalization, Natalie Lerner

Lewis & Clark Law Review

The first Trump Administration saw intense border crackdowns and a ramping up of restrictions on asylum. While some of these policies shifted under President Biden, many were recreated under new names. The second Trump Administration has functionally closed the border and deported asylum seekers to third countries such as Costa Rica and Panama, leaning heavily on Latin American countries to accept expelled migrants. As U.S. courts fail to preserve asylum law domestically, international law, as integrated into the constitutions of Latin American countries, can provide a valuable litigation tool to block those countries from participating in the U.S. border externalization …

Digital Constitutionalism: Resistensi Kebebasan Berpendapat Di Indonesia Dalam Hegemoni Algoritma Ruang Digital, Yuniar Prehatini, Linda Noviana Mita Devi

Jurnal Hukum & Pembangunan

Era digital membawa transformasi dalam segala aspek kehidupan. Perkembangan teknologi menghadirkan perkembangan zaman pada sisi positif dan negatif dimana penggunaan ruang digital yang dapat diakses tanpa batasan wilayah. Kebebasan diartikan melalui teknologi dengan adanya akses ruang digital memberikan kemudahan akses kepada siapa pun. Melalui algoritma digital, segala hal baik dari aspek budaya, politik, maupun ekonomi dapat diketahui sehingga hal ini juga dapat menimbulkan keresahan apabila tidak diatur batasan akan keberadaannya. Penelitian ini menggunakan penelitian normatif yang fokus pada analisis terhadap norma, asas, doktrin, dan teori hukum yang berkaitan dengan perlindungan hak asasi manusia di ruang digital. Hasil penulisan ini menunjukkan …

Let's Talk About Sex: Investigating Radical Feminist Theories On Prostitution In The United States, Anna E. Peterson

Scripps Senior Theses

This paper explores the feminist debates surrounding prostitution through an analysis of Catharine MacKinnon and Andrea Dworkin’s abolitionist theories, juxtaposed with critiques from Wendy Brown, Janet Halley, Susie Bright, and Marxist feminist abolitionist Esperanza Fonseca. The text examines the systemic forces of patriarchy and capitalism that commodify women’s bodies and the challenges of legislative approaches to the sex trade. While MacKinnon and Dworkin identify the structural inequalities underpinning prostitution, their legislative proposals often fail to address the stigma and systemic conditions that perpetuate the marginalization of prostituted people. Critics like Brown and Halley highlight the limitations of punitive measures, calling …

Preventing Chemical And Biological Attacks: Enhanced Threats Requiring Enhanced Solutions, Alex Elliot Ottoni-Belval

Graduate Theses/Dissertations

Chemical weapons (CW) and biological weapons (BW) are becoming more dangerous for experts to employ and more accessible to amateurs. Despite CW and BW attacks throughout history that killed and maimed millions of people, the international community has failed to establish meaningful consequences to prevent them. Agreements such as the Chemical Weapons Convention and the Biological Weapons Convention vow to eliminate and reduce the effects of CWs and BWs but lack respected response precedents and capabilities. The limited and inconsistent enforcement has inadvertently allowed CWs and BWs to become plausible weapons, especially to gain asymmetric advantages, while modern developments exasperate …

Exclusion Within Inclusive Education Policy: The Challenges Facing Urban Refugees In Accessing Education In Thailand, Mst Umme Habiba Fahmina Karim Dr.

Indonesia Law Review

Despite Thailand’s adoption of the Education for All policy in 2005, which grants all children, including refugees, access to free public education, refugee children largely remain excluded. Camp-based refugees attend informal, unrecognized education programs, while urban refugee children are categorised with migrant children in enrollment data. In 2023, only 34% of legal migrant children were enrolled in public schools, while refugees—often classified as "illegal migrants"—are either left out or attend unofficial community schools. This study examines the gap between policy and practice by exploring the experiences of urban refugees and perspectives of key stakeholders, including refugees, government agencies, and humanitarian …

Protection Of Trade Secrets In Global Markets And International Business: Implications For Labor Relations, Oleg M. Yaroshenko, Oleksii Tykhonovych, Yaroslav Kostohryz, Yuliia Ivchuk, Dmytro Sirokha

Markets, Globalization & Development Review

Against the background of globalization and the constant evolution of economic relations, the protection of trade secrets in labor relations becomes a necessity to ensure the sustainable competitiveness of enterprises in the international market. This article analyzes the multifaceted dimensions of trade secret protection, covering global business strategies, intercultural labor practices, international economic relations, and public policy fundamentals. Through the analysis of international agreements such as the TRIPS Agreement and the European Union Directive on Non-Competition Provisions, the article explores how various legal systems address trade secrets in labor relations, emphasizing the need for global harmonization. It also considers cultural …

Placing The Four Rounds Of Israeli Palestinian Negotiations In The Twenty-First Century In The Context Of Ir Theory, Notably Realism Theory, Michael J. Reimer Dr

Department of Political Science and Law Faculty Scholarship and Creative Works

On October 7, 2023, Hamas unleashed a vicious attack on Israeli civilians in the southern part of Israel. The plans for this attack were likely many years in the making. Nine hundred miles of tunnels crisscrossed Gaza with the terrorist infrastructure coinciding with the location of hospitals, school, Mosques and shelters above. On October 6, 2023, the history of the four rounds of Israeli Palestinian negotiations of the earlier part of the twenty-first century had been largely forgotten and completely ignored. The Likud coalition in Israel in 2023 - 2024 was in complete agreement with Hamas’ sponsor that no negotiations …

Placing The Four Rounds Of Israeli-Palestinian Negotiations In The Twenty-First Century In A Historical And Philosophical Context, Michael J. Reimer Dr

Department of Political Science and Law Faculty Scholarship and Creative Works

This paper will take a three-pronged approach to the analysis of prior treaty negotiations and their comparison to the Israeli Palestinian conflict. The first prong, which will be addressed in the next section, will be a historical analysis of other treaty negotiations which resulted in end of conflict treaties. These examinations will include The Congress of Vienna, 1814-1815; the Portsmouth Treaty, 1905 which involved a Treaty between a European and a non-European state2 negotiated by the President of the United States and American Diplomats; the Paris Peace Conferences of 19193 ; and Multiparty Mediation in Cyprus, 1963-1965. In each of …

Rising Temperatures, The Prison Litigation Reform Act, And The Heat Death Of Human Dignity In Texas Prisons, Brianne Wylie

Northwestern University Law Review

This Note seeks to shed light on the life-threatening danger of extreme heat in un-air-conditioned Texas prisons. The Prison Litigation Reform Act (PLRA) starkly limits the relief available to those suffering and dying in these prisons. This Note proposes an amendment to the legislation that could create a path toward lasting relief for incarcerated people. After analyzing the effects of increasing heat on the particularly vulnerable prison population, this Note analyzes how the Supreme Court and the Fifth Circuit have handled claims alleging constitutionally violative prison conditions under the Eighth Amendment—in short, ineffectively, if at all. This Note then details …

If Androids Dream, Are They More Than Sheep?: Westworld, Robots And Legal Rights, Amanda J. Dipaolo

Dialogue: The Interdisciplinary Journal of Popular Culture and Pedagogy

The robot protagonists in HBO’s Westworld open the door to several philosophical and ethical questions, perhaps the most complex being: should androids be granted similar legal protections as people? Westworld offers its own exploration of what it means to be a person and places emphasis on one’s ability to feel and understand pain. With scientists and corporations actively working toward a future that includes robots that can display emotion in a way that can convincingly pass as that of a person’s, what happens when androids pass the Turing test, feel empathy, gain consciousness, are sentient, or develop free will? The …

How To Make Everything About Sanctions? Review Of “How Sanctions Work, Iran And The Impact Of Economic Warfare” By Bajoghli, Nasr, Salehi-Isfahani, And Vaez (2024), Siamak Javadi, Alborz Pakravan, Ojan Bahadori, Alireza Akhondi

Markets, Globalization & Development Review

A 2024 book titled “How Sanctions Work, Iran and the Impact of Economic Warfare” by Narges Bajoghli, Vali Nasr, Djavad Salehi-Isfahani, and Ali Vaez argues that sanctions have had no impact on the behavior of the Islamic Republic in Iran (IR hereafter) and have instead inflicted pain on the ordinary Iranians. While the book does offer a useful description of the evolution of the sanctions against the IR, it fails in its analysis and conclusions.

Conceptualizing Great Power Perpetrators, Federica D'Alessandra

Genocide Studies and Prevention: An International Journal

For over a decade, shifting geopolitics, a changed global security environment, and countless failures of diplomacy have raised important questions on how to collectively grapple with a widely-perceived “crisis of multilateralism,” and reignited debate on the fitness of the UN Security Council to deliver on its mandate under these circumstances. Among other issues, ongoing polarization when not outright “gridlock” among the Permanent Members (P5) has fueled the Council’s apparent inability to respond to threats to civilian life and to countless mass atrocities around the world. Even worse, as this article argues, some P5 today possess both the willingness and unprecedented …

Providing End-Of-Life Counseling: A Narrative Inquiry, Carol Hecht, Sibyl West

Adultspan Journal

This qualitative study aimed to address the gap in the research related to end-of-life counseling by exploring the experiences of counselors working with clients at end of life. While counseling literature and education are lacking regarding end of life, many counselors will work alongside clients approaching death. The purpose of this study was twofold: (a) to better understand the nuanced experiences of counselors providing end-of-life counseling and (b) to explore the supports and preparations helpful for counselors to provide end-of-life counseling. A narrative approach, using the Listening Guide (Gilligan, 2015), was employed to analyze and present the stories of three …

Considerations Of Medicare Telehealth Services With Older Adults, Sonah Kho, Amanda Dediego

Adultspan Journal

The onset of the COVID-19 pandemic set in motion a rapid expansion of mental health services offered via telehealth. With this rapid expansion came the need to examine how policy and practice should be shaped in a future where telehealth is considered common in counseling practice. For counselors to understand how to support older adult clients in using telehealth services, they must understand telehealth policy. Following the eligibility of licensed counselors to participate in Medicare, counselors need to stay abreast of regulatory changes regarding restrictions and regulations on use of telehealth for mental and behavioral health services, including video and …

Why Nigeria Needs A Femicide Law, Jessica Ojiugo Chinonye

Dignity: A Journal of Analysis of Exploitation and Violence

The Federal Republic of Nigeria does not have a law against femicide or comprehensive global femicide data. The numbers currently reported at the national level are questionable, especially with the prevalence of economic-motivated harvesting of female reproductive organs in the country. The lack of a legalized femicide law has exacerbated the underreporting of such activities in Nigeria and has made the severity of the crime less visible. This article aims to name the problem by defining and advocating for a femicide law encompassing the social realities of many Nigerian females.

(Dis)Invested Bodies: The Neoliberal Crafting Of Disability, T. Wesley

Electronic Theses and Dissertations

Using the Americans with Disabilities Act (ADA) as a unifying text, my dissertation explores the relationship between cultural production and the neoliberal crafting of humanity, the term I use to describe how social dimensions—including the construction of the textual and material body—become reorganized and governed through market relations. While many disability scholars and activists frame the ADA’s failures through social misunderstandings of disability, few have seriously attended to the limits of the ADA as a neoliberal fusing of economic governance and classical liberal individualism.

Tracing convergences between the ADA and earlier US disability legislation to socioeconomic and political reforms enacted …

Human Trafficking Screening Tools Amongst Migrants And Refugees: Current Tools And Future Outlooks, Audra Fox

Student Theses

While various human trafficking screening tools exist to help stakeholders identify indicators and risk of trafficking, few tools are designed specifically for use amongst migrants and refugees. Via interviews with anti-trafficking stakeholders, the following qualitative study describes what tools stakeholders currently use to asses trafficking amongst migrants and refugee, and if stakeholders desire a new tool specific for migrant/refugee populations. Thematic results indicate that most stakeholders are not using validated tools for trafficking victims, let alone migrants and refugees (n=5, 38.5%). Of the total sample, 62% of participants (n=8) reported various screening discrepancies across stakeholders. Additionally, …

Can Human Rights Be Reconciled With Citizenship: Reconsidering Marx's Zur Judenfrage Today, David Ingram

Philosophy: Faculty Publications and Other Works

This essay critically re-examines Marx’s youthful analysis of the separation of church and state and his complex views about the function of rights in the modern state. I argue that Marx’s condemnation of Christian nationalism and endorsement of citizenship for Jews is consistent with his view that the modern, secular state cannot emancipate itself entirely from religiosity, as evidenced by the continuing legacy of nationalism and cultural identity politics today. Although Marx correctly follows Hegel in identifying modernity with a structural differentiation between civil society and state, I argue that he misunderstands the nature of this separation and, along with …

Education And Empowerment: The Role Of Cash Transfers In Challenging Barriers To Female Schooling In Mexico And Malawi, Kaelynn R. Mcclure

Lux et Fides: A Journal for Undergraduate Christian Scholars

Despite the wide body of research that supports the benefits of education in reducing poverty and empowering individuals, women around the world continue to face significant barriers to schooling. This paper examines key social norms and aspects of poverty hindering the path to education for girls and women, proposing the use of cash transfers to promote education worldwide. Case studies of two different cash transfer programs, PROGRESA in Mexico and SCTP in Malawi, are evaluated in terms of their effectiveness in providing opportunities for schooling and promoting women's empowerment.