Human Rights Law Commons^™

Chocholáčv. Slovakia: Prisoners, Porn, & Morality In Human Rights, Amanda Lorenzo

Human Rights Brief

Chocholáč v. Slovakia asks whether Slovakia’s disciplinary actions against a prisoner in possession of concealed pornographic materials violated the European Convention of Human Rights (“the Convention”). Roman Chocholáč, a thirtythree-year-old currently serving a life sentence in Leopoldov prison was found possessing a “popular weekly magazine” with sexually-explicit pictures pasted inside. The State deemed the added material a threat to morality and prison staff confiscated it. On November 21, 2017, Chocholáč v. Slovakia was brought to the European Court of Human Rights (ECtHR), presenting legal questions under Slovakia’s Criminal Code and Execution of Prison Sentences Act, as well as Articles 8 …

The Right To Assembly Should Extend Online In China, Gracie Kreth

Human Rights Brief

Peng Shuai, China’s star tennis player, logged onto the Chinese social media platform Weibo in November 2021 and posted a description of her relationship with Zhang Gaoli, a powerful Chinese leader and former Vice Premier of China. Shuai alleged in her post that after a consensual relationship with Gaoli, he sexually assaulted her. She described her feelings from the trauma and the suicidal thoughts that followed. Within minutes, the Chinese government scrubbed the post from the internet — but it was still quick to spread, battling the “Great Firewall.” Shuai’s profile essentially disappeared online; along with Shuai in the real …

The Rise Of The 'Immigrant-As-Injury' Theory Of State Standing, Jennifer Lee Koh

American University Law Review

Despite the Biden Administration’s efforts to hold itself out as a humane alternative to the excesses of immigration enforcement during the Trump presidency, federal courts have prevented a number of immigration policy changes from going forward during the first half of the Biden era. States serve as the primary plaintiffs in these lawsuits, which have impacted cornerstone immigration policies such as the termination of exclusionary border policies, the restoration of Deferred Action for Childhood Arrivals (DACA), and the application of enforcement priorities. During the 2022-23 term, the Supreme Court will hear certain states’ challenge to immigration enforcement priorities in United …

The Racial Justice Imperative To Reimagine Immigrant Children's Rights: Special Immigrant Juveniles As A Case Study, Dalia Castillo-Granados, Rachel Leya Davidson, Laila L. Hlass, Rebecca Scholtz

American University Law Review

The immigration legal system has codified and perpetuated racial violence in many ways, yet the experiences of young people of color in this system have yet to be deeply examined. This Article surfaces the distinct and varied racialized harms that children experience in the immigration system through the example of Special Immigrant Juveniles. Special Immigrant Juvenile Status (SIJS) is the only immigration status created for and limited to children. A child—defined in immigration law as someone who is under twenty-one years of age and unmarried—is eligible to seek SIJS with U.S. Citizenship and Immigration Services (USCIS) if a state court …

Academy On Human Rights And Humanitarian Law Articles On Human Rights And States Of Emergency: Unexpected Crisis And New Challenges: Prologue, Claudio Grossman, Robert K. Goldman

Scholarly Articles in Law Reviews & Journals

We are pleased to write this prologue for the special issue of the American UniversityInternationalLaw Review featuring the winning papers from the 2021 Human Rights Essay Award, sponsored by the Academy on Human Rights and Humanitarian Law of American University Washington College of Law.

Academy On Human Rights And Humanitarian Law Articles On Human Rights And States Of Emergency: Unexpected Crisis And New Challenges: Introduction, Claudia Martin, Diego Rodriguez-Pinzon

Scholarly Articles in Law Reviews & Journals

We are delighted to present this year's special issue of the American UniversityInternationalLaw Review and the Academy on Human Rights and Humanitarian Law, which includes two of the best essays in English and in Spanish recognized in the 2021 Human Rights Essay Award competition. It is satisfying to think that this competition allowed a number of participants an opportunity to expound their thoughts on so many important topics, regarding so many areas of the world. We hope these participants are able to use their articles as mechanisms for change.

Platform-Enabled Crimes: Pluralizing Accountability When Social Media Companies Enable Perpetrators To Commit Atrocities, Rebecca Hamilton

Scholarly Articles in Law Reviews & Journals

Online intermediaries are omnipresent. Each day across the globe, the corporations running these platforms execute policies and practices that serve their profit model, typically by sustaining user engagement. Sometimes, these seemingly banal business activities enable principal perpetrators to commit crimes. Online intermediaries, however, are almost never held to account for their complicity in the resulting harms. This Article introduces the concept of platformenabled crimes into the legal literature to highlight the ways in which the ordinary business activities of online intermediaries enable the commission of crime. It then focuses on a subset of platform-enabled crimes—those in which a social media …

Africana Legal Studies: A New Theoretical Approach To Law & Protocol, Angi Porter

Scholarly Articles in Law Reviews & Journals

INTRODUCTION: In 1743, a group of enslaved Africans from various estates in French colonial New Orleans gathered, held a musical ceremony sung in their native language, and discussed the actions and fate of a slaveholder named Corbin. Earlier, Corbin had threatened to shoot one of the enslaved Africans in this group, and Corbin’s brother then actually shot that person with a gun loaded with salt. Now, as the group of Africans gathered, they determined that Corbin had to die. Two months later, Corbin disappeared and was never found.

If we use a traditional (Western) legal framework to describe this …

Is Human Trafficking A Crime That Should Not Be Subject To Any Statute Of Limitations, Maria Barraco

Human Rights Brief

No abstract provided.

The Statelessness Of The Children Of North Korean Women Defectors In China, Chae Mims

Human Rights Brief

No abstract provided.

How A Fisherman's Murder Revealed Morocco's Police Brutality And Ethnic Discrimination, Nora Elmubarak

Human Rights Brief

No abstract provided.

Letter From The Editor, Human Rights Brief

Human Rights Brief

No abstract provided.

Toward Permanent Peace And Stability In Artsakh, George Yacoubain

Human Rights Brief

No abstract provided.

The Compatibility Of Vagrancy Laws With Human Rights Instruments In Africa, Fabian Kopp

Human Rights Brief

No abstract provided.

North Carolina Cafos: An Example Of Why The United States Needs To Recognize The Right To Safe, Clean Drinking Water, Maggie Horstman

Human Rights Brief

No abstract provided.

Freedom Of The Press In U.S. Protests, Abigail Rosenthal

Human Rights Brief

No abstract provided.

Pandemics And International Law: The Need For International Action, Claudio Grossman

Human Rights Brief

No abstract provided.

Trump-Era Terrorism Designated Sanctions Violate International Human Rights Norms Protecting Life, Health, And Security, Shannon Jackenthal

Human Rights Brief

No abstract provided.

Tanzania Blocks Direct Petitions To The African Court On Human And Peoples' Rights, Ben Phillips

Human Rights Brief

No abstract provided.

Gender Violence And The Human Rights Of Women In Cuba, Leila Hamouie

Human Rights Brief

No abstract provided.

U.S. "Asylum Cooperative Agreements" With Central American Countries Are Unlawful, Maria Alejanda Torres

Human Rights Brief

No abstract provided.

Forced Pregnancy And Gender Based Violence In Latin America, Miranda Carnes

Human Rights Brief

No abstract provided.

Australia's First Nations Community And The Right To Water, Maya Martin Tsukazaki

Human Rights Brief

No abstract provided.

Dutch Supreme Court Ruling Marks Sea Change In Climate Litigation, Adrian Lewis

Human Rights Brief

No abstract provided.

The Unexpected Way Coal Mining In Zimbabwe's Hwange National Park Is A Human Rights Violation, Lily Baron

Human Rights Brief

No abstract provided.

Who Decides "The Best Interests Of The Child?": Strengthening Legal Protections For Intersex Persons Against Sexual And Gender-Based Violence, Lucette Moran

Human Rights Brief

No abstract provided.

Institutionalization And Torture Of People With Disabilities In Mexico: A Case For Holding States Responsible For Crimes Against Humanity, Priscila Rodriquez

Human Rights Brief

No abstract provided.

21st Century Refugees: Uncovering The Human Rights Gap, J. Mauricio Gaona

Human Rights Brief

No abstract provided.

How A Universal Definition May Shape The Looming Climate Refugee Crisis, Alexandra Haris

Human Rights Brief

No abstract provided.

Trapped At Sea: As Seafarers' Rights Erode During Covid-19 Pandemic, Arbitration Mechanism May Offer A Path For Redress, Shannon Quinn

Human Rights Brief

No abstract provided.