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Articles 241 - 270 of 405
Full-Text Articles in Human Rights Law
On Visibly Dangerous Silliness, Anthony Chase
On Visibly Dangerous Silliness, Anthony Chase
Human Rights & Human Welfare
“Silly” is what Ramadan calls the Swiss minaret referendum. He urges, in response to its passage, that Swiss Muslims be more rather than less visible. Each point is worth reflection. How and why does silliness transform itself into danger? And how and why is visibility the correct response to such danger—even if it leads in directions Ramadan may not suspect?
The Ethics Of Letting Civilians Die In Afghanistan: The False Dichotomy Between Hobbesian And Kantian Rescue Paradigms, 59 Depaul L. Rev. 899 (2010), Samuel Vincent Jones
The Ethics Of Letting Civilians Die In Afghanistan: The False Dichotomy Between Hobbesian And Kantian Rescue Paradigms, 59 Depaul L. Rev. 899 (2010), Samuel Vincent Jones
UIC Law Open Access Faculty Scholarship
No abstract provided.
The Invisible Man: The Conscious Neglect Of Men And Boys In The War On Human Trafficking, 2010 Utah L. Rev. 1143 (2010), Samuel Vincent Jones
The Invisible Man: The Conscious Neglect Of Men And Boys In The War On Human Trafficking, 2010 Utah L. Rev. 1143 (2010), Samuel Vincent Jones
UIC Law Open Access Faculty Scholarship
No abstract provided.
Refugee Credibility Assessment And The “Religious Imposter” Problem, Michael Kagan
Refugee Credibility Assessment And The “Religious Imposter” Problem, Michael Kagan
Scholarly Works
Credibility assessment in refugee status determination (RSD) poses unique challenges when the outcome of asylum applications turns on the question of whether an asylum seeker is actually a member of a persecuted religious minority. These cases require secular adjudicators to delve into matters of religious identity and faith that are, by their nature, subjective and beyond the realm of objective analysis. This Article explores practical means of addressing this challenge through a case study of the RSD interviews of Eritrean asylum seekers in Egypt who based their refugee claims on Pentecostal religious associations. Analysis of the interview methods used in …
Reimagining Human Rights Law: Toward Global Regulation Of Transnational Corporations, Rachel J. Anderson
Reimagining Human Rights Law: Toward Global Regulation Of Transnational Corporations, Rachel J. Anderson
Scholarly Works
This article takes a new look at a perennial question of human rights: how to prevent corporate-related human rights abuses and provide remedies for victims. It argues that transnational corporations require specialized and targeted regulations and laws, and that the conflation of human rights law and international human rights law should be reversed to allow the advancement of other forms of human rights law. It makes two proposals. First, reimagine human rights law and international human rights law as separate categories. Specifically, classify international human rights law as a sub-category of human rights law. This distinction highlights the need to …
Holding The World Bank Accountable For The Leakage Of Funds From Africa's Health Sector, Fatma E. Marouf
Holding The World Bank Accountable For The Leakage Of Funds From Africa's Health Sector, Fatma E. Marouf
Scholarly Works
This article explores the accountability of international financial institutions (IFIs), such as the World Bank, for human rights violations related to the massive leakage of funds from sub-Saharan Africa’s health sector. The article begins by summarizing the quantitative results of Public Expenditure Tracking Surveys performed in six African countries, all showing disturbingly high levels of leakage in the health sector. It then addresses the inadequacy of good governance and anticorruption programs in remedying this problem. After explaining how the World Bank’s Inspection Panel may serve as an accountability mechanism for addressing the leakage of funds, discussing violations of specific Bank …
The Time Has Come For The United States To Ratify The Convention On The Elimination Of All Forms Of Discrimination Against Women, 9 Wash. U. Global Stud. L. Rev. 195 (2010), Michael G. Heyman
UIC Law Open Access Faculty Scholarship
No abstract provided.
Is The Failure To Respond Appropriately To A Natural Disaster A Crime Against Humanity - The Responsibility To Protect And Individual Criminal Responsibility In The Aftermath Of Cyclone Nargis, 38 Denv. J. Int'l L. & Pol'y 227 (2010), Stuart K. Ford
UIC Law Open Access Faculty Scholarship
On May 2 and 3, 2008, Cyclone Nargis struck Myanmar, devastating large portions of the Irrawaddy Delta and creating the potential for a massive humanitarian crisis. Yet, the Myanmar government rejected aid from some countries, limited the amount of aid entering the country to a fraction of what was needed, and strictly controlled how that aid was distributed The United Nations and many governments criticized Myanmar's response to the Cyclone as inadequate and inhumane, and senior politicians from a number of countries discussed whether the situation justified invoking the "responsibility to protect" doctrine This article explores several questions, including: (1) …
A Closer Look At Law: Human Rights As Multi-Level Sites Of Struggles Over Multi-Dimensional Equality, Susanne Baer
A Closer Look At Law: Human Rights As Multi-Level Sites Of Struggles Over Multi-Dimensional Equality, Susanne Baer
Articles
In many societies, deep conflicts arise around religious matters, and around equality. Often, religious collectives demand the right to self-determination of issues considered - by them - to be their own, and these demands collide with individual rights to, again, religious freedom. These are thus conflicts of religion v. religion. Then, collective religious freedom tends to become an obligation for all those who are defined as belonging to the collective, which carries the problem that mostly elites define its meaning and they silence dissent. Usually, such obligations are also unequal relating to gender, with different regimes for women and for …
Human Rights In The Emerging World Order, Joseph Raz
Human Rights In The Emerging World Order, Joseph Raz
Faculty Scholarship
Pursuing the so-called political account of human rights, this talk first explains some aspects of the relations between legal and moral rights, and between rights and interests, and then applies the analysis to provide an explanation of human rights. Using the rights to health and to education as examples, it rejects the traditional theory that takes human rights to be rights that people have in virtue of their humanity alone. But human rights are synchronically universal. They are rights which all people living today have, a feature that is a precondition of, and a result of, the fact that they …
Regulating Segregation: The Contribution Of The Aba Criminal Justice Standards On The Treatment Of Prisoners, Margo Schlanger
Regulating Segregation: The Contribution Of The Aba Criminal Justice Standards On The Treatment Of Prisoners, Margo Schlanger
Articles
Over recent decades, solitary confinement for prisoners has increased in prevalence and in salience. Whether given the label "disciplinary segregation," "administrative segregation," "special housing," "seg," "the hole," "supermax," or any of a dozen or more names, the conditions of solitary confinement share basic features: twenty-three hours per day or more spent alone in a cell, with little to do and no one to talk to, and one hour per day or less in a different, but no less isolated, setting-an exercise cage or a space with a shower. Long-term segregation units operated along these lines are extraordinarily expensive to build …
What Are You Afraid Of?, Rebecca Minton, Linnea Christine Kennedy, Chapman University, Candy Rodriguez, Rachael Bridgens, Chelsey Coleman, Krista Xvx, Leticia Dessire Mayorga, Stephanie Bovis, Lorene Spiller Gambill
What Are You Afraid Of?, Rebecca Minton, Linnea Christine Kennedy, Chapman University, Candy Rodriguez, Rachael Bridgens, Chelsey Coleman, Krista Xvx, Leticia Dessire Mayorga, Stephanie Bovis, Lorene Spiller Gambill
Women’s Studies, Feminist Zine Archive
Writings and art about self-care, the judicial system, Adrienne Rich, the portrayal of women in advertising, Andrea Dowrkin, sex roles and pornography, rape culture, Rita Gross, human trafficking, welfare, contraception, Margaret Sanger, The Vagina Monologues, Guerilla Girls, feminism and religion, Sandra Harding, tenure at Chapman based on gender, and Delores Huerta.
Prosecution Of Genocide V. The Fair Trial Principle: Comments On Brown And Others V. The Government Of Rwanda And The Uk Secretary Of State For The Home Department, Mark A. Drumbl
Scholarly Articles
The article examines the 2009 decision of the United Kingdom High Court of Justice to deny the extradition of four genocide suspects to Rwanda owing to fair trial and partiality concerns with the Rwandan judiciary. It begins by reviewing the relevant UK extradition legislation, the pertinent facts and the rationale for the judgment and proceeds to situate this decision within the broader transnational judicial scepticism about the extradition or transfer of genocide suspects to Rwanda. While this scepticism arises from valid concerns regarding the contemporary state of human rights in Rwanda, it nevertheless contributes to the perpetuation of impunity surrounding …
Asbab Al-Qusur Fi Al-Iltizam Bi-Huquq Ahl Al-Qiblah Fi Waqi` Al-Muslimin Wa Subul Mu`Alajatiha : Dirasah Tahliliyah., Murad Ahmad Derhem Al-Qadasi
Asbab Al-Qusur Fi Al-Iltizam Bi-Huquq Ahl Al-Qiblah Fi Waqi` Al-Muslimin Wa Subul Mu`Alajatiha : Dirasah Tahliliyah., Murad Ahmad Derhem Al-Qadasi
Student Works (2010-2019)
The rights of the People of Qiblah, who are the nation of Islam, are stipulated firmly in our Islamic Law (Sharia) through its texts and rules, which once applied, Muslims had pride and dignity. It is noicable in our nation’s presence that there is an evident defect in abiding by these rights, so the importance of this thesis comes to benefit me and our Muslim nation so that security, sublimity and empowerment prevail. The aims of this research are to introduce these rights: designating them as followers of Islam, supporting and allying, and unifying with them, to know to what …
Mumarasat Al-Siyasah Al-Shar'iyah 'Inda Al-Aqaliyat Al-Muslimah : Majlis Al-'Alaqat Al-Islamiyah Al-Amarikiyah Namudhajan = The Practice Of Siasah Syar'iyyah Among Muslim Minority : A Case Study Of The Council On American-Islamic Relations., Bahaeddine Megaache
Student Works (2010-2019)
This research aims to uncover the reality of the Muslim minority in the United States of America, and the position of the Council on American-Islamic Relations (CAIR), and how to deal with emerging issues of Muslims there. For instance, participation of the American Muslim in the United States military service as well as his participation in elections. The researcher has represented the opinions and views of some contemporary scientists about this kind of issues. The researcher relies on the principles of the inductive and descriptive method, and he used the analytical machinery in dealing with the available in formation on …
Isu-Isu Pemelukan Islam Menurut Undang-Undang Negara Brunei Darussalam., Muhammad Bahrin Haji Alias
Isu-Isu Pemelukan Islam Menurut Undang-Undang Negara Brunei Darussalam., Muhammad Bahrin Haji Alias
Student Works (2010-2019)
The number of conversion to Islam cases in Brunei Darussalam has arisen yearly. However, due to incompetency or legal infrastructure, any issue relating to the conversion cases, could not be handled and administered efficiently. Such weakness in legal aspect has affected the court‟s reputation and sometimes conflicts especially Syariah Court to discharge their duty effectively. Therefore, the aim of this study is to identify and discuss to what extent current legal structures able resolve cases relating to conversion to Islam. To achieve this, the research is enhanced by the library research and field study in order to obtain relevant data. …
Relocation Revisited: Sex Trafficking Of Native Women In The United States, Sarah Deer
Relocation Revisited: Sex Trafficking Of Native Women In The United States, Sarah Deer
Faculty Scholarship
The Trafficking Victim Protection Act of 2000 (TVPA) signaled a comprehensive campaign by the United States (US) government to address the scourge of human trafficking in the US and abroad. The US rhetoric about sex trafficking suggests that the problem originates in foreign countries and/or is recent problem. Neither claim is correct. This article details the historical and legal context of sex trafficking from its origin among the colonial predecessors of the US and documents the commercial trafficking of Native women over several centuries. Native women have experienced generations of enslavement, exploitation, exportation, and relocation. Human trafficking is not just …
Cultural And Economic Self-Determination For Tribal Peoples In The United States Supported By The Un Declaration On The Rights Of Indigenous Peoples, Angelique Eaglewoman
Cultural And Economic Self-Determination For Tribal Peoples In The United States Supported By The Un Declaration On The Rights Of Indigenous Peoples, Angelique Eaglewoman
Faculty Scholarship
No abstract provided.
Holding The High Ground: The Operational Calculus Of Torture And Coercive Interrogation, Joseph L. Falvey Jr., Brian D. Eck
Holding The High Ground: The Operational Calculus Of Torture And Coercive Interrogation, Joseph L. Falvey Jr., Brian D. Eck
Campbell Law Review
In Part I of this Article, we first consider some of the strengths and weaknesses of the partially adequate objections. In Part II, we explore torture in light of the biological distinction between pain and suffering and consider the implications of that distinction for our understanding of free will and the fighting spirit. Finally, in Part III, we suggest a more fundamental view of torture that navigates between the Scylla of naive moralizing and the Charybdis of ticking time-bombs. We propose that the debate should focus on torture's effect on our country's moral certainty, on the fighting spirit of our …
Human Rights Abuses In 1970s Argentina, Vanessa Gomez
Human Rights Abuses In 1970s Argentina, Vanessa Gomez
Calvert Undergraduate Research Awards
In this paper I address various components to the human rights abuses in Argentina in the 1970s. The domestic political situation is analyzed with particular attention paid to the political culture and the history of the regime. Media outlets and interviews by victims are used to facilitate first-hand accounts of the regime. The international arena and the efforts of human rights groups are mentioned as a means to demonstrate the international implications of the regime. I wrote this paper to further my knowledge on human rights abuses and further the knowledge of all who read my attempt. This essay marks …
Picked Apart: The Hidden Struggles Of Migrant Worker Women In The Maryland Crab Industry., Jayesh Rathod, Adrienne Lockie
Picked Apart: The Hidden Struggles Of Migrant Worker Women In The Maryland Crab Industry., Jayesh Rathod, Adrienne Lockie
Research Reports & White Papers
Every year, hundreds of Mexican women travel thousands of miles from their impoverished, rural home communities to work on the Eastern Shore of Maryland in the state’s historic crab industry. Maryland crab companies have increasingly come to rely on these women, who enter the U.S. on temporary guestworker visas known as H-2B visas. This report describes these women’s experiences as H-2B migrant workers, and is the result of over 40 formal interviews conducted in both the U.S. and Mexico since 2008. By obtaining first-hand accounts from the workers, the report documents the forces and conditions that give rise to this …
An Analysis Of South Africa’S Mental Health Legislation, Natalie Latoya Mccrea
An Analysis Of South Africa’S Mental Health Legislation, Natalie Latoya Mccrea
Legal Writing Competition Winners
If one were to measure a society’s health by its historical environment, then something can indeed be said of South Africa. This nation is known for its long abhorrent history with apartheid entrenched with a political and human rights struggle. In 1995, the world witnessed the evisceration of apartheid and the birth of a new democratic South Africa. In light of the struggle endured by a visible portion of the South African population, a question asked is, what about the forgotten and somewhat invisible individuals, those who suffer with mental illness. The purpose of this work is to discuss South …
Engagement's Possibilities And Limits As A Socioeconomic Rights Remedy, Brian E. Ray
Engagement's Possibilities And Limits As A Socioeconomic Rights Remedy, Brian E. Ray
Law Faculty Articles and Essays
This Article first analyzes the Constitutional Court of South Africa's three engagement decisions. It then divides engagement into two different categories--litigation engagement and political engagement--and offers suggestions for transforming the process into a more effective remedy in each category. Drawing on the work of Charles Epp, this Article argues that political engagement, if structured correctly, offers the greatest potential as an effective mechanism for enforcing socioeconomic rights. Realization of that potential will require a sustained commitment by civil society organizations active in socioeconomic rights issues and a shift from using engagement as a litigation tactic to using it as a …
Residents Of Joe Slovo Community V Thubelisha Homes And Others: The Two Faces Of Engagement, Brian E. Ray
Residents Of Joe Slovo Community V Thubelisha Homes And Others: The Two Faces Of Engagement, Brian E. Ray
Law Faculty Articles and Essays
The Constitutional Court of South Africa's "engagement remedy," at its core, is a simple requirement that government consult with residents before evicting them, as engagement offers a creative and flexible tool for advocates of socio-economic rights to enforce these provisions through both political and legal channels. Absent adequate court oversight, engagement can easily turn into nothing more than a requirement that government inform residents of its redevelopment plans. The Constitutional Court in Joe Slovo recognised these two ‘faces' of engagement and strengthened the remedy by adding components that increase the transparency of the process and enhance court control. This note …
Sources, Christine Chinkin
Sources, Christine Chinkin
Book Chapters
This chapter outlines the sources of international human rights law that are listed in Article 38(1) Statute of the International Court of Justice: treaties, custom, general principles of law, and, as subsidiary sources, judicial decisions and the writings of jurists. The chapter also considers how so-called 'soft law' instruments such as resolutions of the UN General Assembly and the work of human rights expert bodies may also be regarded as sources of human rights law.
The Use Of Article 31(3)(C) Of The Vclt In The Case Law Of The Ecthr: An Effective Anti-Fragmentation Tool Or A Selective Loophole For The Reinforcement Of Human Rights Teleology?, Vassilis P. Tzevelekos
The Use Of Article 31(3)(C) Of The Vclt In The Case Law Of The Ecthr: An Effective Anti-Fragmentation Tool Or A Selective Loophole For The Reinforcement Of Human Rights Teleology?, Vassilis P. Tzevelekos
Michigan Journal of International Law
In Part I the Article will briefly introduce the question of the fragmentation of international law, and will more extensively delineate the role that the ILC attributed to Article 31(3)(c) and the ILC's expectations regarding its success in this role. Next, Part II will give an overview of the special elements of the ECHR socio-normative environment, which gave rise to the case law into which Article 31(3)(c) came into force. The Article will argue that, in addition to benefiting from the very special nature of the ECHR, the Strasbourg Court also has a significant number of interpretative tools that allow …
Criminal Defence And The International Legal Personality Of The Individual, Kenneth S. Gallant
Criminal Defence And The International Legal Personality Of The Individual, Kenneth S. Gallant
Law Faculty Scholarship
Since the beginning of the Nuremberg trial, the status of the individual in international law has changed. This change is intimately connected with the right of defense in criminal proceedings, especially international criminal proceedings. Today, as a matter of right, the individual may make certain claims in international law, and especially international criminal law and international human rights law related to criminal procedure and substantive criminal law, without relying on a state to make them on his or her behalf. This article explores this development of the international legal personality of individuals. It also considers some of the limits of …
A Brief History Of Coptic Personal Status Law, Ryan Rowberry, John Khalil
A Brief History Of Coptic Personal Status Law, Ryan Rowberry, John Khalil
Faculty Publications By Year
Coptic Christians comprise the largest non-Muslim population in Egypt (12-17% of Egypt’s total population). For over a millennium, the Coptic Church has administered and adjudicated personal status matters (i.e., family law) for its members using Biblically-based principles that are vastly different from those of Shari’a Law. The Egyptian government, however, has advocated for a universal right of divorce for all Egyptians modeled on Shari’a Law, a development that would significantly impact Coptic Personal Status Law. * Using interviews conducted with Coptic bishops, priests, and parishioners in Egypt, along with primary and secondary sources, this article traces the development of Coptic …
R. V. Munyaneza: Pondering Canada's First Core Crimes Conviction, Robert Currie, Ion Stancu
R. V. Munyaneza: Pondering Canada's First Core Crimes Conviction, Robert Currie, Ion Stancu
Articles, Book Chapters, & Popular Press
Canada recently completed its first genocide trial, which resulted in the conviction of the Rwandan accused, Desiré Munyaneza, for crimes committed during the Rwandan genocide. While the case is still under appeal, it represents a significant success for Canada’s relatively new core crimes legislation, the Crimes Against Humanity and War Crimes Act, and was the first prosecution undertaken pursuant to that law. Drawing upon the Munyaneza case, the authors analyze the legislation and evaluate its effectiveness. They conclude that the model is an effective one that both bodes well for Canada’s future participation in the battle against impunity, and provides …
Precarious Pathways: Evaluating The Provincial Nominee Programs In Canada, Jamie Baxter
Precarious Pathways: Evaluating The Provincial Nominee Programs In Canada, Jamie Baxter
Articles, Book Chapters, & Popular Press
Temporary foreign workers in Canada experience substandard employment relationships, are explicitly denied many formal rights and are practically excluded from most employment protections. Led by a growing emphasis on workers’ temporary status as a root cause of their employment-related vulnerabilities, some advocates, as well as elected officials, are now calling on governments to improve opportunities for workers to attain permanent residency in Canada, primarily for those in lower-skilled occupations. The central aim of this paper is to evaluate whether Provincial Nominee Programs are likely to address the real insecurities faced by vulnerable lower-skilled temporary foreign workers. Given that there are …