Human Rights Law Commons^™

Children As Victims Of Structural Violence, Kent

Societies Without Borders

Structural violence is harm imposed by some people on others indirectly, through the social system, as they pursue their own preferences. Its effects are clear in the massive mortality of children. More than ten million children die before their fifth birthdays every single year. For most children, the immediate cause of death is a combination of malnutrition and ordinary diseases such as diarrhea, malaria, and measles. Given adequate resources, such diseases are readily managed. The limited allocation of resources to meeting children's needs is due more to the ways in which available resources are used than to the absolute shortage …

Towards A Simple Typology Of Racial Hegemony, Coates

Societies Without Borders

Racial Hegemony, a concept developed by Omi and Winant, provides a critical tool for evaluating the modern racial state. This paper explores this tool and offers some enhancements. These enhancements, recognizing that one size does not fit all, identify different hegemonic types associated with different racial states. Implications are drawn which suggests that our efforts toward evaluating, transforming, and/or eliminating racial hegemonies are best accomplished by understanding the variations of racial hegemonies.

Empowering "Foreign Brides" And Community Through Praxis-Oriented Research, Hsia

Societies Without Borders

Through the author's direct participation in the empowerment of the "foreign brides" and in a rural community, which are both stigmatized in the mainstream Taiwan society, this paper discusses the theories and methods of praxis-oriented research, and its implication to social studies. This paper illustrates how the concepts and techniques of the "theater of the oppressed" can be combined with "pedagogy of the oppressed" to break through the "culture of silence" of the oppressed, develop their critical awareness, and help the women organize themselves for social transformation. It is proposed that praxis-oriented research can achieve more sophisticated research results, because …

Human Rights And The Roles Of Social Scientists, Moncada, Judith Blau

Societies Without Borders

Human rights entail an expansive conception of humans that stresses their inherent equalities, their responsibilities in democratic societies, and their rights as individuals and group members. This paper refers to the "human rights revolution," especially how it is evident in constitutions, and the relationship between human rights and public goods. Also sketched out are some of the ways that social scientists can promote human rights.

American Politics On The Edge, Aronowitz

Societies Without Borders

Currently there are two major strategies attempting to thwart the rightward lurch of United States politics: liberals and leftists who place faith in their ability to push the Democratic party away from its current center-right orientation; and the new social movements which, disdaining electoral politics and party organization have elevated the concept of "protest and resistance" to the level of a principle and social strategy. This article argues that we desperately need a discussion about the possibility and justification for the formation of a new radical party which combines the best of the electoral and extra electoral experiences of progressive …

The Gender Of Jus Cogens, Christine M. Chinkin, Hilary Charlesworth

Book Chapters

Defenders of the notion of jus cogens often explain its basis as the collective international, rather than the individual national, good. On this analysis, principles of jus cogens play a similar role in the international legal system to that played by constitutional guarantees of rights in domestic legal systems. Thus states, as national political majorities, accept the limitation of their freedom of choice "in order to reap the rewards of acting in ways that would elude them under pressures of the moment." Among those jurists who accept the category of jus cogens, however, continuing controversy remains over what norms …

The Profit Motive: Can Corporate Networks Be An Effective Conduit For Improving Worker Rights?, Alisa Dicaprio

Human Rights & Human Welfare

A review of:

Can Labor Standards Improve Under Globalization? By Kimberly Elliott and Richard Freeman. Washington: Institute for International Economics, 2003. 179pp.

and

Rising Above Sweatshops: Innovative Approaches to Global Labor Challenges. Edited by Laura Hartman, Denis Arnold and Richard Wokutch. Westport: Praeger Publishers, 2003. 414pp.

and

Transnational Corporations and Human Rights. Edited by Jedrzej Frynas and Scott Pegg. London: Palgrave Macmillan, 2003. 223pp.

Addressing The Gaps—Promise And Performance, Synthesis And Purity, Large-N And Small-N: A Response To Moore, Todd Landman

Human Rights & Human Welfare

A response to:

Moore, W. (2006). Synthesis v. purity and large-N studies: How might we assess the gap between promise and performance? Human Rights, Human Welfare, 6(1).

Polemics In The Israeli-Palestinian Conflict, Jerome Slater

Human Rights & Human Welfare

A review of:

The Case for Israel by Alan Dershowitz. Hoboken, New Jersey: John Wiley & Sons, 2003. 264pp.

and

Beyond Chutzpah: On the Misuse of Anti-Semitism and the Abuse of History by Norman G. Finkelstein. Berkeley: University of California Press, 2005. 332pp.

Examining The Declining Utility Of Military Force, Ali Wyne

Human Rights & Human Welfare

A review of:

The New American Militarism: How Americans Are Seduced by War by Andrew J. Bacevich. Oxford: Oxford University Press, 2005. 270pp.

Human Rights In Cuba, Susan Kemp

Human Rights & Human Welfare

In 1959, Fidel Castro established a Cuban socialist state closely aligned with the Soviet Union. The Soviet Union's collapse brought an end to Soviet economic support which, combined with the U.S. embargo, created an economic crisis in the early 1990s. The Cuban government's instability and desire to maintain control overrides the individual rights of its citizens. These events are the background for the lack of fundamental human rights in Cuba today.

Human Rights In El Salvador, Tait Robinson

Human Rights & Human Welfare

Between 1979 and 1991 El Salvador was embroiled in a civil war that claimed over 70,000 lives. Longstanding socio-economic inequality between the rich and poor led to government-backed human rights abuses dispensed by the military. These ranged from denials of freedom and civil liberties to village massacres.

Human Rights In Guatemala, Jennifer Archibald

Human Rights & Human Welfare

Thirty six years of civil war affected human rights negatively in Guatemala. Many actors that violated human rights were also victims of human rights violations; a complex series of events that has still not been fully resolved today.

Human Rights In Honduras, Andrea Degaetani

Human Rights & Human Welfare

Honduras’ history of human rights violations is rooted in a political culture of militarization. Following a military coup in 1963, Honduras faced strengthened military authority and a decade of harsh military rule. It was also during this time that the United States used the country as a base for Contras fighting leftist Sandinistas in Nicaragua. In 1981 Honduras returned to a parliamentary democracy, electing Roberto Suazo Cordova as president. However, by then the process of militarization had been so heavily funded by the U.S and had made such a significant impact on public policy that little changed for the better. …

Paul J. Magnarella On European Court Of Human Rights: Remedies And Execution Of Judgments. Edited By Theodora Christou And Juan Pablo Raymond. London, Uk: British Institute Of International And Comparative Law, 2005. 115 Pp., Paul J. Magnarella

Human Rights & Human Welfare

A review of:

European Court of Human Rights: Remedies and Execution of Judgments. Edited by Theodora Christou and Juan Pablo Raymond. London, UK: British Institute of International and Comparative Law, 2005. 115 pp.

Aaron Peron Ogletree On A Brief History Of Neoliberalism By David Harvey. Oxford, Uk: Oxford University Press, 2005. 256 Pp., Aaron Peron Ogletree

Human Rights & Human Welfare

A review of:

A Brief History of Neoliberalism by David Harvey. Oxford, UK: Oxford University Press, 2005. 256 pp.

Contending Interventions: Coming To Terms With The Practice And Process Of Enforcing Compliance, Emilian Kavalski

Human Rights & Human Welfare

A review of:

The Purpose of Intervention: Changing Beliefs about the Use of Force by Martha Finnemore. Ithaca, NY: Cornell University Press, 2004. 174pp.

and

International Intervention in the Post-Cold War World: Moral Responsibility and Power Politics edited by Michael C. Davis, Wolfgang Dietrich, Bettina Scholdan, and Dieter Sepp. Armonk, NY: M. E. Sharpe, 2004. 332pp.

Human Rights In Chile, Stephanie Raessler

Human Rights & Human Welfare

Chile might evoke memories of Augosto Pinochet and his brutal reign, though there is more to this country than an oppressive authoritarian regime. A history of politics longer than Pinochet's rule has shaped Chile's current situation. Many issues recur across Chilean history, and continue to influence the present.

Human Rights In Colombia, Mariko Frame

Human Rights & Human Welfare

With its notoriously vicious paramilitary death squads, rampant drug trade and collusive government, Colombia remains a complex and tumultuous nation. Needless to say, the human rights history of this country has been marked by political violence, absence of due process, and at times a general lawlessness that has made it perpetually unstable. Coupled with Colombia's domestic problems, U.S. involvement in its 'war on drugs' has exacerbated the situations that already were at a boiling point. With an ongoing power struggle between the government, the military and the drug lords, it is no exaggeration to describe Colombia as in a constant …

The Provincial Archive As A Place Of Memory: The Role Of Former Slaves In The Cuban War Of Independence (1895-98), Rebecca Scott

Book Chapters

Prof. Scott focuses on the study of the role of former slaves in the Cuban War of Independence, in light of the avoidance of the theme of race within this war in Cuban historiography. She discusses reasons for the silence on race issues, and for the historic construction of the "myth" of racial equality in this era.

An American Dilemma Of The 21st Century?, Wallerstein

Societies Without Borders

In 1941, Henry Luce proclaimed the twentieth century the American Century. And in 1944, Gunnar Myrdal wrote of the American dilemma, the discrepancy between its values and the actual treatment of Black Americans. In the post-1945 period, the need of a hegemonic United States to project a positive world image led to major improvements in the position of Black Americans – an improvement however primarily for educated elites and much less for the Black working-class strata. In the period since 1970, U.S. power has been on the decline, which has caused increased internal tensions in the U.S. This intersects with …

Human Rights Dialogues, Sahle, Ollen Mwalubunju

Societies Without Borders

In this conversation Ollen Mwalubunju discusses the politics of exile, the rise of Malawi's popular movement in the early 1990s and its legacies. Further, Mwalubunju discusses at length the struggle by civil society groups to deepen the democratic space that has emerged since the demise of the postcolonial authoritarian regime in 1994. Finally, Mwalubunju reflects on the tensions and complexity of his work as a social activist and the difficulties of promoting the respect and protection of human rights in the current global political and economic conjuncture. This conversation took place in January 2006.

Enforcement Of Human Rights Under Regional Mechanisms: A Comparative Analysis, Fekadeselassie F. Kidanemariam

LLM Theses and Essays

This is a study about the protection of human rights by regional human rights bodies. The thesis identifies the major regional human rights protection systems i.e. the African human rights system, the inter-American human rights System and the European human rights system. The paper examines the types of mechanisms employed by each regional system and examines each mechanism. The three major mechanisms dealt with in this work are inter-state complaints, state reporting, country reports, finally individual complaints, and execution of the judgments rendered by these regional bodies. The thesis analyzes the procedures involved in each of these mechanisms and examines …

Can Corporations Be Held Liable Under The Alien Tort Claims Act?, Kelsy Deye

Kentucky Law Journal

No abstract provided.

South Korea's National Security Law: A Tool Of Oppression In An Insecure World, Diane B. Kraft

Law Faculty Scholarly Articles

In September 2004, the ruling party in South Korea, along with two opposition parties, called for the abolishment of the 1948 anti-communist National Security Law. The following month, Amnesty International, a long-time critic of the law, officially called for the law's repeal. The law had been enacted in 1948 in response to threats from communist North Korea, but has long been used by the government to silence legitimate opposition in South Korea. This Comment will examine South Korea's National Security Law as viewed by its domestic supporters and critics, as well as by the international community. Part I will consider …

The United States As Global Sheriff: Using Unilateral Sanctions To Combat Human Trafficking, Janie Chuang

Michigan Journal of International Law

By situating the U.S. rise to dominance in historical and political context, this Article underscores the significance of U.S. unilateralism for international anti-trafficking law and policy.

The Universal Declaration On Bioethics And Human Rights: Promoting International Discussion On The Morality Of Non-Therapeutic Research On Children, Anna Gercas

Michigan Journal of International Law

After describing the Declaration and its drafting history, this Note will summarize several international, national, and regional guidelines regarding children as research subjects. The Note then argues for a prohibition of non-therapeutic research on children and concludes that international human rights law offers the most appropriate basis for the development of regulations on human experimentation.

Regional Projects Require Regional Planning: Human Rights Impacts Arising From Infrastructure Projects, Abby Rubinson

Michigan Journal of International Law

Regional projects require regional planning to avoid potentially disastrous environmental and human rights abuses. Focusing on the Rio Madeira project in Brazil as a case study in the impacts of infrastructure projects, this Note identifies the harm anticipated from these projects and highlights the need for verification of official predictions of such harm. It then proceeds to a legal analysis, addressing the applicable international law, Brazilian law, and regional legal frameworks and outlining the negative legal consequences arising from inadequate impact assessments. In light of these negative legal implications, the Note concludes by illustrating the need to proceed with planning …

Designating The Dangerous: From Blacklists To Watch Lists, Daniel J. Steinbock

Seattle University Law Review

This Article aims to remedy that gap with respect to one important component of the country's current anti-terrorism strategy watch lists and to suggest some ways to avoid the worst excesses of the 1950s. A comparison of the two periods also serves to shed some light on the question of whether our institutions have learned from the experiences of the past in striking the balance between security and civil liberties. Part II of this Article gives a brief and broad-brush description of the McCarthy era blacklists and loyalty-security programs. Part III then describes the operation, bases for inclusion, and uses …

A Comparative Analysis Of The Jewish Law And The Secular Perspective On International Human Rights (Part Of The Article, “Human Rights In The Bible, An Exchange Of Ideas”)., Richard Klein, Chaim Povarsky

Scholarly Works

No abstract provided.