Human Rights Law Commons^™

The Shifting Border Of Immigration Regulation, Ayelet Shachar

Michigan Journal of International Law

While American immigration law is still largely informed by the doctrine of plenary power, which holds that "[a]dmission to the United States is a privilege granted by the sovereign" (as the Supreme Court asserted in Knauff more than fifty years ago), what has dramatically changed in recent years is the location of "our gates," which no longer stand at the country's territorial edges. Instead, the border itself has become a moving barrier, a legal construct that is not tightly fixed to territorial benchmarks. This shifting border of immigration regulation, as we might call it, is selectively utilized by national …

Prosecuting Torturers, Protecting "Child Molesters": Toward A Power Balance Model Of Criminal Process For International Human Rights Law, Mykola Sorochinsky

Michigan Journal of International Law

In the age of terrorism, human rights law globally suffers substantial setbacks. However, at the regional level, human rights law is now more relevant than ever. More cases are decided each year by regional human rights tribunals, particularly in Europe. More importantly, human rights law affects more areas of domestic legal systems than ever before-from trademark law to limits on corporal punishment of children. This growing complexity presents two challenges: first, the challenge of comprehension (or the increasing need to make sense of the ever-expanding case law in many substantive areas) and second, the challenge of responsibility (or the fact …

Law, Economics, And Torture, James Boyd White

Book Chapters

This paper addresses three sets of questions, among which it wishes to draw connections: (1) Why has there been so little resistance to the recent massive transfer of national wealth to the rich and super-rich? It is the majority who are injured, and they presumably hold the power in a democracy: why have they not exercised it? (2) Why are law schools so dominated by questions of policy, with rather little interest in the intellectual and linguistic activities of the practicing lawyer and judge? Why indeed do judicial opinions themselves seem so often to be written in a dead and …

David P. Forsythe On John Charvet And Elisa Kaczynska-Nay. The Liberal Project And Human Rights: The Theory And Practice Of A New World Order. New York, Ny: Cambridge University Press, 2008. 446pp., David P. Forsythe

Human Rights & Human Welfare

A review of:

John Charvet and Elisa Kaczynska-Nay. The Liberal Project and Human Rights: The Theory and Practice of a New World Order. New York, NY: Cambridge University Press, 2008. 446pp.

Smuggling Versus Trafficking: Do The U.N. Protocols Have It Right?, Carolyn Burke

Human Rights & Human Welfare

The terms “human trafficking” and “human smuggling” are often thought of as interchangeable due to their similar connections with irregular migration and the clandestine movement of people. However, trafficking and smuggling maintain their own differences, especially pertaining to their organizational dynamics, their forms, and their voluntary and involuntary natures that revolve around trust and exploitation. Current understandings of these terms stem from the widely accepted United Nations Protocols that were resultant from the Convention against Transnational Organized Crime.

Economic Incentives Preempt Independence Movements: A Case Study Of The Xinjiang Uyghur Autonomous Region In China, Iman Jafarynejad

Human Rights & Human Welfare

Self-determination and freedom from foreign territorial acquisition and annexation still are core issues in the international arena and a source of human rights struggles. Through the consolidation of economies in the twenty-first century, there has, however, been a shift in the importance of these issues and in the meaning of “occupied” territories. This paper challenges the idea that the status quo of self-determination is the most important element of the human rights agenda of the indigenous Uyghur community in the Xinjiang Uyghur Autonomous Region of Western China.

The Challenges Of Change: Causes And Consequences Of Child Labor In China, Andrea Morley

Human Rights & Human Welfare

The government of China opened its doors to the global economy in the late 1970s, with gradually but steadily increasing competition, trade, and production. The ‘Asian Tiger’ was fueled by export-led development as the number of factories and production facilities spread rapidly across the country. This rapid economic growth exacerbated labor violations, primarily due to the increased incentives for profits and demands of production on Chinese factories. In order to be more competitive, China required a strong labor force; its citizens were thrust into the global economy.

The Past, Present, And Future Of Freedom Of Speech And Expression In The People’S Republic Of China, Liza Negriff

Human Rights & Human Welfare

The international community has been criticizing China for its human rights violations for years. However, one human rights violation has received less attention than some other rights issues both inside and outside of China: censorship and restrictions on freedom of speech and expression. This scantiness of attention is largely attributed to the fact that acquiring reliable information about censorship and freedom of expression in China is challenging.

China’S Relationship With Sudan—And Human Rights Consequences, Tessa Li Powell

Human Rights & Human Welfare

China is the largest country in the world and has a rapidly expanding economy. Its streets are starting to crowd with cars instead of bicycles and there is an increasing demand for the luxuries of developed nations. The desire to keep up with major international players has pushed the Chinese government to overlook whatever human rights abuses may be occurring inside and outside of its borders. China has taken steps to support Sudan despite its use of child soldiers and the genocide in Darfur that has been occurring for years. By criticizing and withdrawing support from President al-Bashir, China could …

2008 Beijing Summer Olympics, Allison Welch

Human Rights & Human Welfare

China’s human rights record has been the subject of intense scrutiny. Therefore, when China was chosen to host the 2008 Summer Olympics, the decision was predictably controversial. There were calls for boycotts of the opening ceremony by many international actors, such as Human Rights Watch, Amnesty International, and an assortment of political figures. Institutions such as the United States Commission on International Religious Freedom argued that boycotting the games would bring critical attention to China’s troubled human rights record, which would ultimately provoke Beijing to alter its controversial policies. Others argued that boycotting the games would only serve to intensify …

Violence Against Sex Workers In Latin America: Pervasiveness, Impunity, And Implications, Stephanie A. Bell

Human Rights & Human Welfare

On December 17, 2005, two transgendered sex workers in Guatemala City were shot in the head, one fatally. Witnesses—including the survivor—alleged that police forces shot the victims. Human rights advocates have argued that the attack was part of a broader social cleansing campaign that has targeted all sex workers.

Sex workers in Latin America are subjected to violence regularly. This violence varies greatly, but its pervasiveness and the impunity for perpetrators are two common themes. Violence against sex workers comes from many different sources: police, pimps, johns, serial killers, gang members and others. The violence also takes many forms, including …

Kimberly Lanegran On Justice And Reconciliation In Post-Apartheid South Africa Edited By François Du Bois And Antje Du Bois-Pedain. Cambridge, Uk: Cambridge University Press, 2008. 311pp., Kimberly Lanegran

Human Rights & Human Welfare

A review of:

Justice and Reconciliation in Post-Apartheid South Africa edited by François Du Bois and Antje Du Bois-Pedain. Cambridge, UK: Cambridge University Press, 2008. 311pp.

Human Trafficking In The People’S Republic Of China, Annie Dullum

Human Rights & Human Welfare

As China rises to become a superpower and is placed in the national spotlight as the host for the upcoming 2008 Beijing Olympics, China is struggling to represent its ability to be powerful and stable within its own borders resulting from a staggering human rights record. Among the policies contributing to human rights violation, population controls are in place that create barriers to residence and immigration, which means that desperate individuals cannot legally move to other countries. As well, Chinese citizens are vulnerable to the practices of traffickers who move individuals illegally around the world.

Revisiting Human Rights In Latin America: Introduction, Christina Cerna

Human Rights & Human Welfare

This Topical Research Digest on revisiting human rights in Latin America covers a wide range of subjects, both country specific and thematic, but has as its underlying theme the necessary protection of the human rights of vulnerable groups, whether they are women, children, lesbians, gay men, indigenous peoples, landless peasants, etc. This survey of literature on revisiting human rights in Latin America includes a rich selection of documents from international organizations, international human rights non-governmental organizations (NGOs) and a plethora of American and foreign journals.

The Continuing Struggle For Agrarian Reform In Brazil, Sarah Mogab

Human Rights & Human Welfare

Brazil is infamous for its enormously skewed distribution of income, wealth, and land. In a country where 4 percent of landowners own 79 percent of the land, an ongoing movement for land reform continues to be a source of conflict and violence in the countryside (Kay 2001: 755). Extreme poverty is highly concentrated in rural areas. Although rural workers comprise only 18 percent of the total population (Filho 2007), it is estimated that as many as 6 million families are in need of land (Thomas: 9). This struggle for land, in Brazil and elsewhere, is framed by its supporters as …

The Brazilian Paradox: The Lesbian, Gay, Bisexual, And Transgender Battle For Human Rights, Adrienne Rosenberg

Human Rights & Human Welfare

With a rich religious history of Catholicism juxtaposed with a sexually liberal public, Brazil interacts with its lesbian, gay, bisexual, transgender (LGBT) community in a very distinct and often conflicting manner. Although homosexuality has been legal in the state since 1823, save the armed forces, and civil unions are currently permitted in some areas, Brazil has functioned within this paradox as both worst transgressor, with a high record of hate crimes and discrimination, and as world leader, with a progressive domestic and global push for LGBT rights. In order to accurately assess these two opposing statuses, one must analyze the …

Child Labor In Latin America: Poverty As Cause And Effect, Michaelle Tauson

Human Rights & Human Welfare

Throughout much of the developing world, children make up an alarming portion of the workforce. These children are robbed of their childhood in order to provide economic supplementation to their families. According to the International Labor Organization (ILO), 5.7 million children in Latin America participate in the regional workforce (2006). It is a common misconception that children, who do not participate in the formal workforce, are not child laborers. However, the ILO defines child labor as any work that is detrimental to a child’s well-being or interferes with a child’s education. Due to the many categories and classifications of child …

The Colonial Legacy And Human Rights In Mexico: Indigenous Rights And The Zapatista Movement, Alexander Karklins

Human Rights & Human Welfare

The current status of human rights in Latin America has been profoundly affected by the legacy of colonial institutions. Since the time of conquest, through colonialism, and after independence, the growth of the Latin American state has been challenged by the alternative discourse of indigenous rights. In Mexico, the dominance of mestizaje (or the quest for a single Mexican ethnic identity) in the formation of its modern state apparatus has left indigenous cultures out of the realm of political participation and exposed to human rights violations. With the Zapatista uprising of 1994-1996, the contradictions inherent in Mexico’s constitution were brought …

Police Violence In Brazil, Kyra Moon

Human Rights & Human Welfare

“This was just the beginning. They want war, and they‟ll get war. The problem of trafficking will only be resolved with blood. It is the only language they understand.” This was the response of Mario Azevedo, chief delegate of the 21st police precinct in the Bonsucsso neighborhood in Rio de Janeiro, after drug traffickers killed three police officers. Three days after that assault, one hundred and twenty heavily armed police officers stormed into the Nova Brasilia favela (the Brazilian term for slum or shantytown) and killed thirteen residents, four of which were minors. Press reports initially described this incident in …

Stephen James On Human Rights At The Un: The Political History Of Universal Justice By Roger Normand & Sarah Zaidi. Bloomington, In: Indiana University Press. 2008. 486pp., Stephen James

Human Rights & Human Welfare

A review of:

Human Rights at the UN: The Political History of Universal Justice by Roger Normand & Sarah Zaidi. Bloomington, IN: Indiana University Press. 2008. 486pp.

Joyce Apsel On To Plead Our Own Cause: Personal Stories By Today's Slaves. Edited By Kevin Bales And Zoe Trodd (Ithaca, Ny: Cornell University Press, 2008). 260pp., Joyce Apsel

Human Rights & Human Welfare

A review of:

To Plead Our Own Cause: Personal Stories by Today's Slaves. Edited by Kevin Bales and Zoe Trodd (Ithaca, NY: Cornell University Press, 2008). 260pp.

International Justice And International Politics: Intertwined Paths, David Penna

Human Rights & Human Welfare

A review of:

International Justice in Rwanda and the Balkans: Virtual Trials and the Struggle for State Cooperation. By Victor Peskin. New York: Cambridge University Press, 2008. 272 pp.

and

Building the International Criminal Court. By Benjamin N. Schiff. New York: Cambridge University Press, 2008. 304 pp.

and

The Tokyo War Crimes Trial: The Pursuit of Justice in the Wake of World War II. By Yuma Totani. Cambridge, MA: Harvard University Asia Center / Harvard University Press, 2008. 335 pp.

The Development Of Sex Trafficking In Central America, Kate Zdrojewski

Human Rights & Human Welfare

Human trafficking in Central America has taken center stage since the late 1990s. This increase in public attention has been driven by U.S. initiatives, such as the Trafficking Victims Protection Act (TVPA), as well as the United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, commonly known as the Trafficking Protocol. The United States has the reputation of being the leader in the fight against trafficking in Central America, using the TVPA and the Trafficking Protocol as primary mechanisms for anti-trafficking efforts.

Robbed Of The American Dream, Megan Walker

Human Rights & Human Welfare

Many people have immigrated to the United States, hoping to live the “American dream.” Unfortunately, this romantic notion is part of the reason that the United States has become one of the most sought after destination countries for human trafficking. It is easy for traffickers to convince potential victims that they can live the American dream. Traffickers from all over the world and all walks of life profit in this booming market, by promising poor and vulnerable people high wages in legitimate jobs as farm workers, maids, and waitresses. Many of these people end up in terrible conditions as indentured …

Human Trafficking In The Middle East And North Africa Region, Schuyler Dudley

Human Rights & Human Welfare

The Middle East and North Africa region is not the first area to come to mind when discussing human trafficking in the world. Yet this region certainly has human trafficking problems. To clarify, the geographic region referred to in this essay, the Middle East, extends as far west as Mauritania, as far south as Sudan, as far east as Oman, and as far north as Syria. This region is also known as MENA (Middle East and North Africa), but will be referred to as the Middle East in this essay. Discrepancies in defining the Middle East, as well as inaccurate …

International Law And Human Trafficking, Lindsey King

Human Rights & Human Welfare

International law is a powerful conduit for combating human trafficking. The most reputable and recent instruments of international law that have set the course for how to define, prevent, and prosecute human trafficking are the United Nations Convention against Transnational Organized Crime and its two related protocols: the United Nations Protocol to Prevent, Suppress, and Punish Trafficking in Persons, Especially Women and Children, and the United Nations Protocol against the Smuggling of Migrants by Land, Sea, and Air, which entered into force in 2003-2004. The United Nations Office on Drugs and Crime (UNODC) created these conventions, which have supported international …

Considering The Margins: Developing A Broader Understanding Of Vulnerability To Trafficking, Christopher Anderson

Human Rights & Human Welfare

Efforts aimed at combating human trafficking should be directed at protecting those most vulnerable to being trafficked. There have been substantial efforts to create national and international laws punishing the act of trafficking, directed at those individuals caught trafficking people. While these laws create means by which to punish traffickers, they have not necessarily led to a reduction in the estimated numbers of trafficked people. This implies that simply approaching trafficking as a criminal activity is not enough. Instead, trafficking should be understood by the systemic factors that make populations vulnerable to trafficking. There may always be potential markets for …

The One-Child Policy, Gay Rights, And Social Reorganization In China, Kody Gerkin

Human Rights & Human Welfare

China’s youth are becoming adults in an unprecedented era. The Chinese have achieved rapid, sustained economic growth under a Communist government that has simultaneously been initiating a wide range of social planning initiatives.

Education For All Children, Sharon Harrall

Human Rights & Human Welfare

The UN Declaration of Human Rights, ratified in 1948, declared for the first time the right to education as a human right. Article 26 (1) states that “everyone has the right to education. Education shall be free, at least in the elementary and fundamental stages. Elementary education shall be compulsory.” Since then, the right to education has been reaffirmed in subsequent treaties and global conferences. These treaties have also highlighted the need to provide education to all children without discrimination, and particularly to ensure equal access for girls. Historically, we have seen great gender disparities in the enrollment rates of …

The Continuation Of Slavery In The Modern World: The People’S Republic Of China And Forced Labor Practices, Jasmine Koehn

Human Rights & Human Welfare

The age-old scourge of slavery has returned to plague the modern world. Though updated to match societal advances, the basic premise remains: human beings degraded to the point of becoming a mere commodity. Today’s world calls modern day slavery human trafficking, and it can take many forms, including forced labor. In the People’s Republic of China (PRC), two distinct forms of forced labor exist. One form is the more traditional master-slave system, wherein people are bought and sold, or kidnapped, and subsequently forced to work, often in intense and dangerous manual labor. The second form exists legally under the Chinese …