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Human Rights Law Commons™

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Articles 361 - 390 of 415

Full-Text Articles in Human Rights Law

Restricting The Rights Of Poor Mothers: An International Human Rights Critique Of "Workfare", Shruti Rana Jan 2000

Restricting The Rights Of Poor Mothers: An International Human Rights Critique Of "Workfare", Shruti Rana

Faculty Scholarship

In every society, the work that women do is undervalued and unrecognized. Political and social tensions behind conceptions of work, motherhood, and equality can ignite movements that threaten the human rights of women. One such movement is underway in the United States where recent “Workfare” provisions specifically target and punish the most vulnerable members of society under the guise of reform and morality. This critique of Workfare aims to demonstrate some of the dynamism and power of a human rights framework, and to lay the groundwork for effective action to improve the plight of the single mothers who rely on …

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Recommendations For Durable Solutions For Palestinian Refugees: A Challenge To The Oslo Framework, Susan M. Akram, Terry Rempel Jan 2000

Recommendations For Durable Solutions For Palestinian Refugees: A Challenge To The Oslo Framework, Susan M. Akram, Terry Rempel

Faculty Scholarship

For more than five decades Palestinian refugees have been denied international protection. Some five million persons, comprising two-thirds of the Palestinian people, and nearly one-third of the global refugee population, have remained without a durable solution to their plight. More than half of all Palestinian refugees lack basic day-to-day protection, such as physical security, freedom of movement, and access to employment. Today, the Palestinian refugee problem is one of the largest and longest running refugee problems in the world.

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Foreword To Amicus Brief On The Status Of Palestinian Refugees Under International Refugee Law, Guy Goodwin-Gill, Susan M. Akram Jan 2000

Foreword To Amicus Brief On The Status Of Palestinian Refugees Under International Refugee Law, Guy Goodwin-Gill, Susan M. Akram

Faculty Scholarship

Palestinian refugees have a status that is unique under international refugee law. Unlike any other group or category of refugees in the world, Palestinians are singled out for exceptional treatment in the major international legal instruments which govern the rights and obligations of states towards refugees: the 1951 Geneva Convention Relating to the Status of Refugees and its 1967 Protocol; the Statute of the United Nations High Commissioner for Refugees; and, specifically with regard to the Palestinians, the Regulations governing the mandate of the United Nations Relief and Works Agency for Palestinian Refugees in the Near East. Almost all states …

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All The Difference In The World: Listening And Hearing The Voices Of Women, Phoebe A. Haddon Jan 1999

All The Difference In The World: Listening And Hearing The Voices Of Women, Phoebe A. Haddon

Faculty Scholarship

No abstract provided.

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Markets And Women's International Human Rights, Elizabeth M. Schneider Jan 1999

Markets And Women's International Human Rights, Elizabeth M. Schneider

Faculty Scholarship

No abstract provided.

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From Nation State To Failed State: International Protection From Human Rights Abuses By Non-State Agents, Jennifer Moore Jan 1999

From Nation State To Failed State: International Protection From Human Rights Abuses By Non-State Agents, Jennifer Moore

Faculty Scholarship

In her seminal 1951 work The Origins of Totalitarianism, the political philosopher Hannah Arendt examined historical developments in Europe during the period between the two World Wars and declared that "the transformation of the state from an instrument of the law into an instrument of the nation had been completed." While Arendt focused on threats to individual and minority rights posed by the repressive "nation-state," her critique also identified the complicity of an international legal system that accorded undue deference to sovereign prerogative. The collapse of the League of Nations, the ascendancy of the Nazi Party in Germany, and the …

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Medical Ethics And Human Rights: Legacies Of Nuremberg, George J. Annas, Michael A. Grodin Jan 1999

Medical Ethics And Human Rights: Legacies Of Nuremberg, George J. Annas, Michael A. Grodin

Faculty Scholarship

Many of our most important human rights documents are the product of the world's horror during the carnage of World War II. The broadest and most powerful declaration of human rights, the Universal Declaration of Human Rights, was adopted by the membership of the new United Nations in 1948. But there are also much more specific statements of the world's aspirations for all of its inhabitants. August 1997 marked the 50th anniversary of the conclusion of the trial of Nazi physicians at Nuremberg, a trial which has been variously designated as the "Doctors' Trial" and the "Medical Case."2 In …

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Forum Shopping For Human Rights, Laurence R. Helfer Jan 1999

Forum Shopping For Human Rights, Laurence R. Helfer

Faculty Scholarship

The article analyzes a growing trend in international human rights law: the submission of petitions by aggrieved individuals to multiple human rights courts, tribunals, or treaty bodies, each of which is authorized to review the petition and to determine whether the individuals? rights have been violated. Most commentators have viewed this practice of "forum shopping for human rights" as a danger to be avoided. This article questions that conventional wisdom and offers in its place a re-envisioning of the human rights petition system. Although efficiency, finality and other concerns weigh against some varieties of duplicative review, this article argues that …

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Brief Of Intervenor, Women’S Legal Education And Action Fund (Leaf), Ferrel V. Ontario, Laura Spitz Dec 1998

Brief Of Intervenor, Women’S Legal Education And Action Fund (Leaf), Ferrel V. Ontario, Laura Spitz

Faculty Scholarship

The issues in this appeal are whether Bill 8, An Act to Repeal Job Quotas and Restore Merit-Based Employment Practices in Ontario ("Bill 8''), contravenes section 15(1) of the Canadian Charter of Rights and Freedoms (the "Charter''), and, if so, whether the contravention is justified under section I of the Charter. This brief reviews the Government's repeal of the Federal Emplyment Equity Act (EEA). This repeal impairs designated groups to the greatest extent possible by removing all of the mechanisms which are necessary to remedy systemic discrimination in employment. Additionally, where discrimination is effected by the wholesale repeal of human …

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The Inevitable Collision: Affirmative Action And The Constitution, Jennifer Moore Dec 1998

The Inevitable Collision: Affirmative Action And The Constitution, Jennifer Moore

Faculty Scholarship

This Comment, like a traditional Comment regarding affirmative action, will provide analysis pertaining to the historical events that shaped modem affirmative action policies. However, this Comment will also examine the recent settlement of Taxman v. Board of Education, a most intriguing display of political maneuvering which remains shrouded in controversy." Taxman would have presented the upreme Court with an ideal lens through which to examine the constitutionality of affirmative action. However, as a result of industrious manipulation, the Court narrowly missed that opportunity. Because a live controversy no longer exists, this Comment will focus on the Supreme Court's lost chance …

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The Developing Jurisprudence On Amnesty, Naomi Roht-Arriaza, Lauren Gibson Jan 1998

The Developing Jurisprudence On Amnesty, Naomi Roht-Arriaza, Lauren Gibson

Faculty Scholarship

No abstract provided.

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Truth Commissions And Amnesties In Latin America: The Second Generation, Naomi Roht-Arriaza Jan 1998

Truth Commissions And Amnesties In Latin America: The Second Generation, Naomi Roht-Arriaza

Faculty Scholarship

No abstract provided.

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The Foreign Sovereign Immunities Act And Human Rights Violations: One Step Forward, Two Steps Back?, Naomi Roht-Arriaza Jan 1998

The Foreign Sovereign Immunities Act And Human Rights Violations: One Step Forward, Two Steps Back?, Naomi Roht-Arriaza

Faculty Scholarship

No abstract provided.

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Regarding Rights: An Essay Honoring The Fiftieth Anniversary Of The Universal Declaration Of Human Rights Introduction: Locating Culture, Identity, And Human Rights Symposium In Celebration Of The Fiftieth Anniversary Of The Universal Declaration Of Human Rights, Tracy E. Higgins Jan 1998

Regarding Rights: An Essay Honoring The Fiftieth Anniversary Of The Universal Declaration Of Human Rights Introduction: Locating Culture, Identity, And Human Rights Symposium In Celebration Of The Fiftieth Anniversary Of The Universal Declaration Of Human Rights, Tracy E. Higgins

Faculty Scholarship

The half-century since the drafting of the Universal Declaration of Human Rights' has been famously heralded as the "Age of Rights" and the concept of human rights described as "the only political-moral idea that has gained universal acceptance." During the same period, however, both terms defining the subject-human and rights-have become increasingly contested. Informed by the emergence of identity-based political movements, critics have attacked the category human has as bearing the baggage of Western Enlightenment assumptions about personhood and community, inherently racist, sexist, and classist. Theorists across the political spectrum have criticized the concept of rights as indeterminate, destructive of …

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Introduction: Locating Culture, Identity, And Human Rights Symposium In Celebration Of The Fiftieth Anniversary Of The Universal Declaration Of Human Rights: Introduction, Catherine Powell Jan 1998

Introduction: Locating Culture, Identity, And Human Rights Symposium In Celebration Of The Fiftieth Anniversary Of The Universal Declaration Of Human Rights: Introduction, Catherine Powell

Faculty Scholarship

As we celebrate the Fiftieth Anniversary of the Universal Declaration of Human Rights, the idea of human rights endures. The human rights idea was honored at a conference organized by the Association of the Bar of the City of New York, held at Fordham Law School on December 10-12, 1999, to commemorate the first fifty years of the Universal Declaration of Human Rights. The four pieces that follow were presented at the conference as part of a panel addressing one of the central philosophical concerns regarding the human rights project: its universality. While the panel's title, "What is a Human …

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Defining And Punishing Abroad: Constitutional Limits On The Extraterritorial Reach Of The Offenses Clause Note, Zephyr Teachout Jan 1998

Defining And Punishing Abroad: Constitutional Limits On The Extraterritorial Reach Of The Offenses Clause Note, Zephyr Teachout

Faculty Scholarship

The Offenses Clause of the United States Constitution gives Congress the authority to "define and punish... Offences against the Law of Nations." This Note considers whether Congress must conform to the jurisdictional rules of customary international law when legislating pursuant to the Offenses Clause.

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Expanding The Circle Of Membership By Reconstructing The Alien: Lessons From Social Psychology And The Promise Enforcement Cases, Victor C. Romero Jan 1998

Expanding The Circle Of Membership By Reconstructing The Alien: Lessons From Social Psychology And The Promise Enforcement Cases, Victor C. Romero

Faculty Scholarship

Recent legal scholarship suggests that the Supreme Court's decisions on immigrants' rights favor conceptions of membership over personhood. Federal courts are often reluctant to recognize the personal rights claims of noncitizens because they are not members of the United States. Professor Michael Scaperlanda argues that because the courts have left the protection of noncitizens' rights in the hands of Congress and, therefore, its constituents, U.S. citizens must engage in a serious dialogue regarding membership in this polity while considering the importance of constitutional principles of personhood. This Article takes up Scaperlanda's challenge. Borrowing from recent research in social psychology, this …

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Marriage Contracts And The Family Economy, Katharine B. Silbaugh Jan 1998

Marriage Contracts And The Family Economy, Katharine B. Silbaugh

Faculty Scholarship

One simplified view of contract law is that the state enforces private bargains without looking into the substance of those bargains. From this contractual perspective marriage might look like a contract to exchange services and goods: love, money, the ability to have and raise children, housework, sex, emotional support, physical care in times of sickness, entertainment and so forth. But when the parties to a marriage put these terms in writing, courts only enforce the provisions governing money. This contract/family law rule of selective enforcement disproportionately benefits those who bring more money to a marriage, who are more likely to …

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Human Rights And Health - The Universal Declaration Of Human Rights At 50, George J. Annas Jan 1998

Human Rights And Health - The Universal Declaration Of Human Rights At 50, George J. Annas

Faculty Scholarship

War, famine, pestilence, and poverty have had obvious and devastating effects on health throughout human history. In recent times, human rights have come to be viewed as essential to freedom and individual development. But it is only since the end of World War II that the link between human rights and these causes of disease and death has been recognized.1-3 The 50th anniversary of the Universal Declaration of Human Rights — signed on December 10, 1948 — provides an opportunity to review its genesis, to explore the contemporary link between health and human rights, and to develop effective human-rights …

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Concretizing Human Rights, Laurence R. Helfer Jan 1998

Concretizing Human Rights, Laurence R. Helfer

Faculty Scholarship

reviewing  Francisco Forest Martin et al.,  International Human Rights Law and Practice: Cases, Treaties and Materials (1997)

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Restoring The Humanitarian Character Of U.S. Refugee Law: Lessons From The International Community, Jennifer Moore Jan 1997

Restoring The Humanitarian Character Of U.S. Refugee Law: Lessons From The International Community, Jennifer Moore

Faculty Scholarship

This response essay will first characterize UNHCR's role in the international protection of refugees, as a means of assessing the relevance of UNHCR's perspective to U.S. judicial decision-making in the area of asylum. The paper will then respond to each of the three problematic issues which Professor Fitzpatrick identifies in contemporary U.S. asylum law, by presenting, in each case, a broad proposition of international law which will then be substantiated with reference to relevant principles, guidelines and insights from the international refugee protection community of which UNHCR is a part. Finally, the essay's conclusion will offer a possible rationale for …

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Canada's Limitation Of Hate Speech: A Comparative Perspective, David H. Moore Dec 1996

Canada's Limitation Of Hate Speech: A Comparative Perspective, David H. Moore

Faculty Scholarship

No abstract provided.

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Human Rights Monitoring In Germany: A Rejoinder, Maryellen Fullerton Jan 1996

Human Rights Monitoring In Germany: A Rejoinder, Maryellen Fullerton

Faculty Scholarship

No abstract provided.

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(Dis)Assembling Rights Of Women Workers Along The Global Assembly Line: Human Rights And The Garment Industry Symposium: Political Lawyering: Conversations On Progressive Social Change, Laura Ho, Catherine Powell, Leti Volpp Jan 1996

(Dis)Assembling Rights Of Women Workers Along The Global Assembly Line: Human Rights And The Garment Industry Symposium: Political Lawyering: Conversations On Progressive Social Change, Laura Ho, Catherine Powell, Leti Volpp

Faculty Scholarship

Some observers would like to explain away sweatshops as immigrants exploiting other immigrants, as "cultural, or as the importation of a form of exploitation that normally does not happen here but occurs elsewhere, in the "Third World." While the public was shocked by the discovery at El Monte, garment workers and garment worker advocates have for years been describing abuses in the garment industry and have ascribed responsibility for such abuses to manufacturers and retailers who control the industry. Sweatshops, like the one in El Monte, are a home-grown problem with peculiarly American roots. Since the inception of the garment …

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Anti-Essentialism, Relativism, And Human Rights , Tracy E. Higgins Jan 1996

Anti-Essentialism, Relativism, And Human Rights , Tracy E. Higgins

Faculty Scholarship

Confronted with the challenge of cultural relativism, feminism faces divergent paths, neither of which seems to lead out of the woods of patriarchy. The first path, leading to simple tolerance of cultural difference, is too broad. To follow it would require feminists to ignore pervasive limits on women's freedom in the name of an autonomy that exists for women in theory only. The other path, leading to objective condemnation of cultural practices, is too narrow. To follow it would require feminists to dismiss the culturally distinct experiences of women as false consciousness. Yet to forge an alternative path is difficult, …

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Intrusive Law Reform, Katharine B. Silbaugh Jan 1996

Intrusive Law Reform, Katharine B. Silbaugh

Faculty Scholarship

Does law obstruct or facilitate the development of a democratic society? This is the subject of Mary Ann Glendon's recent book, A Nation Under Lawyers. It is also the subject of Anita Bernstein's Better Living Through Crime and Tort. Glendon takes the position that law obstructs, that "[p]remature and excessive resort to the courts... has been a disaster for the political health of the country."' Bernstein disagrees, saying that in many cases, law can facilitate democracy by encouraging citizens to educate themselves, engage in debate, and form communities.

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Medicine And Human Rights: Reflections On The Fiftieth Anniversary Of The Doctors’ Trial, George J. Annas, Michael A. Grodin Jan 1996

Medicine And Human Rights: Reflections On The Fiftieth Anniversary Of The Doctors’ Trial, George J. Annas, Michael A. Grodin

Faculty Scholarship

1996 marks the fiftieth anniversary of the commencement of the trial of Nazi physicians at Nuremberg, a trial that has been variously designated as the "Doctors' Trial" and the "Medical Case." In addition to documenting atrocities committed by physicians and scientists during WWII, the most significant contribution of the trial has come to be known as the "Nuremberg Code," a judicial codification of 10 prerequisites for the moral and legal use of human beings in experiments. Anniversaries provide us with an opportunity to reflect upon the past, but they also ena ble us to renew our efforts to plan for …

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Paul Touvier And The Crime Against Humanity, Michael E. Tigar, Susan C. Casey, Isabelle Giordani, Sivakumaren Mardemootoo Jan 1995

Paul Touvier And The Crime Against Humanity, Michael E. Tigar, Susan C. Casey, Isabelle Giordani, Sivakumaren Mardemootoo

Faculty Scholarship

No abstract provided.

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Irreconcilable Differences? Divorcing Refugee Protections From Human Rights Norms, Karen Musalo Jan 1994

Irreconcilable Differences? Divorcing Refugee Protections From Human Rights Norms, Karen Musalo

Faculty Scholarship

No abstract provided.

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Hate Crimes, Homosexuals, And The Constitution, Anthony S. Winer Jan 1994

Hate Crimes, Homosexuals, And The Constitution, Anthony S. Winer

Faculty Scholarship

This Article begins with an analysis of certain features of the Equal Protection Clause of the Fourteenth Amendment and demonstrates that this clause establishes a fundamental right to the equal benefit of laws protecting personal security. Laws protecting personal security must be applied evenhandedly. Any discriminatory application of such laws is presumptively invalid under the Equal Protection Clause. This Article next shows that gay men and lesbians are among the most common victims of hate crime, that hate crimes against gays and lesbians are significant, persistent and widespread, and that gays and lesbians have a substantial stake in the manner …

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