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Human Rights Law Commons

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2011

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Articles 151 - 180 of 368

Full-Text Articles in Human Rights Law

Her Choice, Her Problem: How Having A Choice Can Diminish Family Solidarity, Richard Stith Jan 2011

Her Choice, Her Problem: How Having A Choice Can Diminish Family Solidarity, Richard Stith

Law Faculty Publications

This Article explores a little-noticed dimension of abortion and assisted suicide (or voluntary euthanasia): how choosing to reject those options can have a negative impact on the legally authorized choosers. Women who refuse abortion may be blamed for their choice by boyfriends, neighbors, employers, and others. Similarly, infirm or dying persons may find family and other caregivers upset by their refusal to agree to assisted suicide when voluntary death seems the sensible option. Finally, the author questions whether a life chosen as an option can ever have the dignity of a life simply accepted, i.e., whether the child a mother …


Group Rights: A Defense, David Ingram Jan 2011

Group Rights: A Defense, David Ingram

Philosophy: Faculty Publications and Other Works

Human rights belong to individuals in virtue of their common humanity. Yet it is an important question whether human rights entail or comport with the possession of what I call group-specific rights (sometimes referred to as collective rights), or rights that individuals possess only because they belong to a particular group. The Universal Declaration of Human Rights (UDHR) says they do. Article 15 asserts the right to nationality, or citizenship. Unless one believes that the only citizenship compatible with a universal human rights regime is cosmopolitan citizenship in a world state – a conception of citizenship that is not countenanced …


Linguistic Rights Of Indigenous Peoples In The States Of Latin America, Jose Manuel Perez Fernandez Jan 2011

Linguistic Rights Of Indigenous Peoples In The States Of Latin America, Jose Manuel Perez Fernandez

Intercultural Human Rights Law Review

The protection of language rights of speakers of indigenous languages has experienced important developments in the Latin American sphere, which has served as a framework for the whole process of recognition of cultural and ethnical identity of Indigenous Peoples. This reflects a rejection of assimilation, and an assertion of multicultural and multilingual aspects in Latin American societies. On the one hand, the author focuses on the role that international law instruments related to human rights, those for the general protection of minorities and those specific for the indigenous peoples, may perform in the recognition of linguistic rights when granting legal …


Obama And Libya, Benjamin G. Davis Jan 2011

Obama And Libya, Benjamin G. Davis

Florida A & M University Law Review

No abstract provided.


Obama's Africa Policy On Human Rights, Use Of Force And Humanitarian Intervention: In Whose Interest, Vincent O. Nmehielle, John-Mark Iyi Jan 2011

Obama's Africa Policy On Human Rights, Use Of Force And Humanitarian Intervention: In Whose Interest, Vincent O. Nmehielle, John-Mark Iyi

Florida A & M University Law Review

No abstract provided.


Exporting Subjects: Globalizing Family Law Progress Through International Human Rights, Cyra Akila Choudhury Jan 2011

Exporting Subjects: Globalizing Family Law Progress Through International Human Rights, Cyra Akila Choudhury

Faculty Publications

This article examines the global export of domestic U.S. legal projects and strategies in the realm of family law and gender justice to South Asia. While such projects have undoubtedly achieved substantial gains for women in the U.S., there have also been costs. At a remove of two decades, scholars have now begun to theorize those costs and argue that feminism needs to reconsider its commitments to particular projects that have been held central to women’s emancipation. Yet much of these critiques have not reached the transnational women’s movements that are led by U.S. feminist activists and scholars. Relying on …


Benevolent Assistance Or Bureaucratic Burden: Promoting Effective Haitian Reconstruction, Self-Governance, And Human Rights Under The Right To Development, Jeffery M. Brown Jan 2011

Benevolent Assistance Or Bureaucratic Burden: Promoting Effective Haitian Reconstruction, Self-Governance, And Human Rights Under The Right To Development, Jeffery M. Brown

Intercultural Human Rights Law Review

This Article examines the capacity of regional organizations to coordinate foreign assistance and development programs in underdeveloped states, and in doing so, to promote the transformation of the Right to Development (RTD) - which stresses the right of nations and their people to progress in a manner that insures their ability to meet basic material, security and social needs -from conceptual template to a binding normative framework under international law. As the poorest state in the western hemisphere, but also the recipient of significant influxes of foreign aid, Haiti exemplifies the underdevelopment dilemma. For despite the large sums of aid …


In Search Of Guidance: An Examination Of Past, Present, And Future Adjudications Of Domestic Violence Asylum Claims, Barbara R. Barreno Jan 2011

In Search Of Guidance: An Examination Of Past, Present, And Future Adjudications Of Domestic Violence Asylum Claims, Barbara R. Barreno

Vanderbilt Law Review

L-R- is a Mexican woman who applied for asylum in the United States in 2005. She is one of countless victims of gender-based violence, which in recent decades has become a matter of international concern and which policymakers around the world have taken steps to combat. The United States has been among the nations that have made eliminating gender-based violence a priority by passing such legislation as the Violence Against Women Act ("VAWA") and by creating two special forms of visas for victims of domestic violence. While great strides have been taken to protect immigrant women who are already in …


Misuse And Abuse Of Legal Argument By Analogy In Transjudicial Communication: The Case Of Zaheeruddin V. State, Amjad Mahmood Khan Jan 2011

Misuse And Abuse Of Legal Argument By Analogy In Transjudicial Communication: The Case Of Zaheeruddin V. State, Amjad Mahmood Khan

Richmond Journal of Global Law & Business

This article explores the risks and limits of transjudicial communication. In particular, I critique the scholarly contention that transjudicial communication can be built upon commonly accepted methods of legal reasoning. I argue that transnational courts do not uniformly understand or apply commonly accepted methods of legal reasoning, especially legal argument by analogy. As a result, transnational courts that utilize transjudicial communication can and do render specious, even destructive, judicial opinions. I analyze the case of Zaheeruddin v. State—a controversial decision by the Supreme Court of Pakistan that upheld the constitutionality of Pakistan’s antiblasphemy ordinances. The Supreme Court of Pakistan poorly …


El Derecho Para Decir “Sí, Quiero”: El Movimiento Lgbtq En Los Ee.Uu., España, Y La Argentina, Jamila A. Humphrie Jan 2011

El Derecho Para Decir “Sí, Quiero”: El Movimiento Lgbtq En Los Ee.Uu., España, Y La Argentina, Jamila A. Humphrie

Hispanic Studies Honors Projects

This Honors Project reflects my four years of experiences as a student of the Hispanic Studies Department. The project incorporates my experience and research conducted during my study abroad experience in Argentina, Spanish, and critical study and theory. Throughout the project, I examine the dichotomy between assimilation and liberation as a framework for the LGBTQ movement, and the commonalities in the histories of the three countries. My thesis states that: as a result of globalization and what I call the transatlantic trade of ideas, the LGBTQ movements in Spain, Argentina and the U.S. have all adapted a limited and ultimately …


"Land Is Life, Land Is Power": Landlessness, Exclusion, And Deprivation In Nepal, Elisabeth Wickeri Jan 2011

"Land Is Life, Land Is Power": Landlessness, Exclusion, And Deprivation In Nepal, Elisabeth Wickeri

Crowley Mission Reports

Up to one quarter of the world’s poor is estimated to be landless, a condition that in rural areas is often the best predictor of poverty and hunger. Access to land and its resources, land tenure security, ownership and control over land, and the ability to dispose of land or transfer rights in land are necessary for the fulfillment of fundamental human rights, and are frequently tied to the indigenous, ethnic, and cultural identities of peoples. The social and economic impacts of landlessness, including hunger, threats to health, homelessness, and exploitative labor conditions, create conditions intensifying exploitation by both landowners …


Atrocity Crimes Litigation Year-In- Review (2010): A Gender Perspective, Valerie Oosterveld Jan 2011

Atrocity Crimes Litigation Year-In- Review (2010): A Gender Perspective, Valerie Oosterveld

Law Publications

No abstract provided.


Building A Child Welfare Response To Child Trafficking Handbook (2011), Katherine Kaufka Walts Jd, Shelby French Msw, Msc, Heather Moore Msw, Sehla Ashai Jd Jan 2011

Building A Child Welfare Response To Child Trafficking Handbook (2011), Katherine Kaufka Walts Jd, Shelby French Msw, Msc, Heather Moore Msw, Sehla Ashai Jd

Center for the Human Rights of Children

In 2007, the International Organization for Adolescents (IOFA), under the leadership of Katherine Kaufka Walts the then Executive Director, developed and launched the Building Child Welfare Response to Child Trafficking project. The purpose of this project is to build the capacity of child welfare agencies and service providers to identify and respond to this often invisible and underserved population. The primary goals are to ensure that children are correctly identified as trafficked persons and that they receive the appropriate protections and referrals to specialized services to which they are entitled under federal and state laws. This project, supported by funding …


The Fifth Freedom: The Constitutional Duty To Provide Public Education, Areto Imoukhuede Jan 2011

The Fifth Freedom: The Constitutional Duty To Provide Public Education, Areto Imoukhuede

Faculty Scholarship

“The fifth freedom is freedom from ignorance. It means that every[one], everywhere, should be free to develop his [or her] talents to their full potential – unhampered by arbitrary barriers of race or birth or income.” Lyndon B. Johnson This article argues that education is a fundamental human right that the U.S. Supreme Court has failed to recognize because of the Court’s bias towards negative, rather than positive rights. Viewed from the limited perspective of rights as liberties, the concern with declaring a fundamental right to education is that education legislation would be strictly scrutinized, thus causing the undesired result …


Beyond The Guantánamo Bind: Pragmatic Multilateralism In Refugee Resettlement, Melissa J. Durkee Jan 2011

Beyond The Guantánamo Bind: Pragmatic Multilateralism In Refugee Resettlement, Melissa J. Durkee

Articles

A group of detainees remains in the detention facility at the U.S. naval station in Guantánamo Bay, Cuba (“Guantánamo”) almost a decade after the facility began to hold suspected combatants arrested in connection with the U.S. conflict in Afghanistan. As U.S. officials have acknowledged, in many cases these supposed combatants turned out to have no connection to al Qaeda or terrorism. Many were foreigners who had fled home countries to escape persecution and lived as undocumented aliens in Afghanistan or Pakistan. When the United States began its military campaign in Afghanistan and offered bounties for the arrest of terrorists, the …


Striking A Balance Between Human Rights And Peace And Stability: A Review Of The European Court Of Human Rights Decision Sejdi´C And Finci V. Bosnia And Herzegovina, Céline Tran Jan 2011

Striking A Balance Between Human Rights And Peace And Stability: A Review Of The European Court Of Human Rights Decision Sejdi´C And Finci V. Bosnia And Herzegovina, Céline Tran

Human Rights Brief

No abstract provided.


Liberté Religieuse En Europe: Discussing The French Concealment Act, Robert E. Snyder Jan 2011

Liberté Religieuse En Europe: Discussing The French Concealment Act, Robert E. Snyder

Human Rights Brief

No abstract provided.


Panel 1: Promoting Safeguards Through Detention Visits, Ariela Peralta, Suzanne Jabbour, Brenda V. Smith, Alison A. Hillman De Velásquez, Claudio Grossman Jan 2011

Panel 1: Promoting Safeguards Through Detention Visits, Ariela Peralta, Suzanne Jabbour, Brenda V. Smith, Alison A. Hillman De Velásquez, Claudio Grossman

Human Rights Brief

No abstract provided.


Concluding Remarks, Mark Thomson, Claudio Grossman Jan 2011

Concluding Remarks, Mark Thomson, Claudio Grossman

Human Rights Brief

No abstract provided.


Transitional Justice In Burma: A Survey Of Accountability And National Reconciliation Mechanisms After Aung San Suu Kyi’S Release, Ari M. Levin Jan 2011

Transitional Justice In Burma: A Survey Of Accountability And National Reconciliation Mechanisms After Aung San Suu Kyi’S Release, Ari M. Levin

Human Rights Brief

No abstract provided.


The Citizens Of Democracy: Participation For Integration In The European Union After The Lisbon Treaty, Rossana Deplano Jan 2011

The Citizens Of Democracy: Participation For Integration In The European Union After The Lisbon Treaty, Rossana Deplano

Human Rights Brief

No abstract provided.


International Legal Updates, Anna Naimark, Christina Fetterhoff, Kyle Bates, Saralyn Salisbury, Rachael Curtis, Megan Wakefield, Thais-Lyn Trayer Jan 2011

International Legal Updates, Anna Naimark, Christina Fetterhoff, Kyle Bates, Saralyn Salisbury, Rachael Curtis, Megan Wakefield, Thais-Lyn Trayer

Human Rights Brief

No abstract provided.


United Nations Security Council Resolution 1325 On Women, Peace, And Security — Is It Binding? , Kwadwo Appiagyei-Atua Jan 2011

United Nations Security Council Resolution 1325 On Women, Peace, And Security — Is It Binding? , Kwadwo Appiagyei-Atua

Human Rights Brief

No abstract provided.


Updates From The Regional Human Rights Systems, Anna Taylor, Matthew Lopas, Sarone Solomon Jan 2011

Updates From The Regional Human Rights Systems, Anna Taylor, Matthew Lopas, Sarone Solomon

Human Rights Brief

No abstract provided.


Collective V. Individual Human Rights In Membership Governance For Indigenous Peoples, Austin Badger Jan 2011

Collective V. Individual Human Rights In Membership Governance For Indigenous Peoples, Austin Badger

American University International Law Review

No abstract provided.


Losing Flavor: Indonesia's Wto Complaint Against The U.S. Ban On Clove Cigarettes , Lucas Ballet Jan 2011

Losing Flavor: Indonesia's Wto Complaint Against The U.S. Ban On Clove Cigarettes , Lucas Ballet

American University International Law Review

No abstract provided.


Decent Work For All: A Holistic Human Rights Approach , Gillian Macnaughton, Diane F. Frey Jan 2011

Decent Work For All: A Holistic Human Rights Approach , Gillian Macnaughton, Diane F. Frey

American University International Law Review

No abstract provided.


Birthing Barbarism: The Unconstitutionality Of Shackling Pregnant Prisoners , Claire Louise Griggs Jan 2011

Birthing Barbarism: The Unconstitutionality Of Shackling Pregnant Prisoners , Claire Louise Griggs

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Obligation Ignored: Why International Law Requires The United States To Provide Adequate Civil Legal Aid, What The United States Is Doing Instead, And How Legal Empowerment Can Help, Zachary H. Zarnow Jan 2011

Obligation Ignored: Why International Law Requires The United States To Provide Adequate Civil Legal Aid, What The United States Is Doing Instead, And How Legal Empowerment Can Help, Zachary H. Zarnow

American University Journal of Gender, Social Policy & the Law

No abstract provided.


The Dean F. Herzog Memorial Lecture: Religious Freedom Under Assault In The Middle East: An Imperative For The U.S. And International Community To Hold Governments To Account, 45 J. Marshall L. Rev. Iii (2011), Dwight Bashir Jan 2011

The Dean F. Herzog Memorial Lecture: Religious Freedom Under Assault In The Middle East: An Imperative For The U.S. And International Community To Hold Governments To Account, 45 J. Marshall L. Rev. Iii (2011), Dwight Bashir

UIC Law Review

No abstract provided.