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Human Rights Law Commons™

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2014

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Articles 331 - 360 of 504

Full-Text Articles in Human Rights Law

Human Rights And The New Reality Of Climate Change: Adaptation's Limitations In Achieving Climate Justice , Zackary L. Stillings Jan 2014

Human Rights And The New Reality Of Climate Change: Adaptation's Limitations In Achieving Climate Justice , Zackary L. Stillings

Michigan Journal of International Law

In 2005, the Inuit of Canada and the United States filed a petition with the Inter American Commission on Human Rights, alleging that their respective governments had violated their human rights by failing to mitigate climate change harms. The Inuit alleged violations of several specific human rights, including the right to enjoy their culture; the right to enjoy and use the lands they have traditionally occupied; the right to use and enjoy their personal property; the right to health; the right to life, physical integrity, and security; the right to their own means of subsistence; and the right to residence …

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International Courts As Agents Of Legal Change: Evidence From Lgbt Rights In Europe, Laurence R. Helfer, Erik Voeten Jan 2014

International Courts As Agents Of Legal Change: Evidence From Lgbt Rights In Europe, Laurence R. Helfer, Erik Voeten

Faculty Scholarship

Do international court judgments influence the behavior of actors other than the parties to a dispute? Are international courts agents of policy change or do their judgments merely reflect evolving social and political trends? The authors develop a theory that specifies the conditions under which international courts can use their interpretive discretion to have system-wide effects. The authors examine the theory in the context of European Court of Human Rights (ECtHR) rulings on lesbian, gay, bisexual and transgender (LGBT) issues by creating a new dataset that matches these rulings with laws in all Council of Europe (CoE) member states. The …

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The Right To Food And The Political Economy Of Third World States, Opeoluwa Adetoro Badaru Jan 2014

The Right To Food And The Political Economy Of Third World States, Opeoluwa Adetoro Badaru

The Transnational Human Rights Review

Current global events validate the fact that beyond a theoretical analysis of rights discourse and food justice, there is a need to understand and propose ways to address the very fragile global food situation, and especially so in Third World states. At the peak of the high food prices in mid-2008, the world observed how the issue of access to food and the means to acquire food (in the larger context of other socio-economic needs) spurred riots from Egypt to Bangladesh and Mexico. And one cannot definitely say that we are out of the woods yet concerning rising food prices. …

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Is Nigeria A Secular State? Law, Human Rights And Religion In Context, Osita Nnamani Ogbu Jan 2014

Is Nigeria A Secular State? Law, Human Rights And Religion In Context, Osita Nnamani Ogbu

The Transnational Human Rights Review

Nigeria is a multi-ethnic and multi-religious state. The two major religions in the country are Islam and Christianity. Adherents of these two major religions take divergent positions on the question of the secularity of the Nigerian state. While most Christians argue for separation of the Nigerian state from religion, most Muslims advocate the fusion of religion, the state and the law. To many of them, the Sharia ought to govern the totality of the life of a Muslim from cradle to grave. For instance, the Governor of the Central Bank of Nigeria, Alhaji Sanusi Lamido Sanusi, maintained that any call …

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Transwomen, The Prison-Industrial Complex, And Human Rights: Neoliberalism And Trans-Resistance, Emmi Bevensee Jan 2014

Transwomen, The Prison-Industrial Complex, And Human Rights: Neoliberalism And Trans-Resistance, Emmi Bevensee

Societies Without Borders

This article introduces complexity into understandings around the relationships between human rights, being transgender, and interacting with the prison-industrial complex. It looks at struggles and interventions against neoliberal mainstream agendas that do not address the underlying causes of state violence against transpeople, especially trans women of color. This essay employs in-depth research and analysis primarily employing the lens and tools of intersectional subalternity, personal experience, and extensive community activism around these complex issues to show that human rights struggles that do not challenge neoliberal politics generally fail to meet the needs of trans people facing massive structural violence with the …

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A Word From The New Editors, Bruce Friesen, Brian K. Gran Jan 2014

A Word From The New Editors, Bruce Friesen, Brian K. Gran

Societies Without Borders

No abstract provided.

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Rules Vs. Rights? Social Control, Dignity, And The Right To Housing In The Shelter System, Barret Katuna, Davita Silfen-Glasberg Jan 2014

Rules Vs. Rights? Social Control, Dignity, And The Right To Housing In The Shelter System, Barret Katuna, Davita Silfen-Glasberg

Societies Without Borders

Sometimes the mechanisms that are in place to protect human rights lead to human rights violations. Drawing on data from ten months of fieldwork at a homeless shelter’s women’s program in a New England city. The authors trace the compromise of human dignity that accompanies one shelter’s effort to help clients fulfill their human right to housing.

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Political Battles On Women’S Bodies: Post-Election Conflicts And Violence Against Women In Internally Displaced Persons Camps In Kenya, Roseanne Njeri Njiru Jan 2014

Political Battles On Women’S Bodies: Post-Election Conflicts And Violence Against Women In Internally Displaced Persons Camps In Kenya, Roseanne Njeri Njiru

Societies Without Borders

The Kenya 2007 December presidential election results were violently challenged. For months, political protests accompanied by violent attacks and violent reaction by government security forces, led to “ethnic cleansing” particularly in the Rift Valley region resulting in deaths of more than 1,500 people and internal displacement of about 450,000 others. Women and young girls experienced various forms of gender violence during and after the conflicts in internally displaced persons (IDP) camps. Using in-depth interviews with women living in a camp, NGOs and government agencies, this article focuses on the continuing bodily violence that internally displaced women face in their everyday …

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Insiderness, Outsiderness, And Situated Accessibility – How Women Activists Navigate Un’S Commission On The Status Of Women, Daniela Jauk Jan 2014

Insiderness, Outsiderness, And Situated Accessibility – How Women Activists Navigate Un’S Commission On The Status Of Women, Daniela Jauk

Societies Without Borders

The goal of this article is to explain micro-political aspects of women’s participation within the Commission on the Status of Women (CSW) by explicating how NonGovernmental Organization’s (NGO) representatives negotiate and perceive their work. Data from ethnographic participant observation of CSW meetings between 2009 and 2012 demonstrate the simultaneity of both clear insider/outsider distinctions as well as blurred and permeable boundaries between the intergovernmental body of the CSW and civil society in the form of women’s rights activists who attempt to shape CSW outcomes. Concepts of fluid insiderness and outsiderness (Naples 1996) help explain that women activists perceive themselves simultaneously …

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Pride In Istanbul, Susan C. Pearce Jan 2014

Pride In Istanbul, Susan C. Pearce

Societies Without Borders

In June of 2013, Istanbul, Turkey held its annual Lesbian, Gay, and Bisexual Pride parade. This year’s parade was performed in a particular historical context: in the midst of an anti-government uprising that had begun in Istanbul and spread throughout Turkey. This context loaned a particular flavor to the Pride parade, and there was a reciprocity between the recent protest movement and LGBT activism. These field notes describe the June 2013 parade and its relationship to the socio-political context, drawing from these observations some preliminary conclusions regarding human rights and gender as Turkey interacts with transnational human rights regimes such …

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Review Of Edges Of Global Justice: The World Social Forum And Its “Others” By Janet M. Conway, Manisha Desai Jan 2014

Review Of Edges Of Global Justice: The World Social Forum And Its “Others” By Janet M. Conway, Manisha Desai

Societies Without Borders

No abstract provided.

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Review Of The Anti-Slavery Project: From The Slave Trade To Human Trafficking By Joel Quirk, Annie Isabel Fukushima Jan 2014

Review Of The Anti-Slavery Project: From The Slave Trade To Human Trafficking By Joel Quirk, Annie Isabel Fukushima

Societies Without Borders

No abstract provided.

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Review Of Forgotten Genocides: Oblivion, Denial, And Memory By Rene Lemarchand (Editor), Nicole Fox Jan 2014

Review Of Forgotten Genocides: Oblivion, Denial, And Memory By Rene Lemarchand (Editor), Nicole Fox

Societies Without Borders

No abstract provided.

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Review Of Heart Of Sky, Heart Of Earth Directed By Frauke Sandig And Eric Black, Beth Williford Jan 2014

Review Of Heart Of Sky, Heart Of Earth Directed By Frauke Sandig And Eric Black, Beth Williford

Societies Without Borders

No abstract provided.

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Our Years As Editors, David L. Brunsma, Keri E. Iyall Smith, Mark Frezzo Jan 2014

Our Years As Editors, David L. Brunsma, Keri E. Iyall Smith, Mark Frezzo

Societies Without Borders

No abstract provided.

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Indigenous Methodology In Practice: Starting A Community-Based Research Center On The Yakama Reservation, Michelle M. Jacob, Sarah Augustine, Corey Hodge, Mary James Jan 2014

Indigenous Methodology In Practice: Starting A Community-Based Research Center On The Yakama Reservation, Michelle M. Jacob, Sarah Augustine, Corey Hodge, Mary James

Societies Without Borders

In our paper, we examine the process, possibilities, and tensions of building a new community-based research center at a small liberal arts college on the Yakama Reservation. We view our work with the Center for Native Health & Culture as an example of human rights-based educational transformation, as our work is about honoring indigenous land, community, and values. This mission stands at odds with Western educational approaches, which typically view indigenous peoples, cultures, and well-being as a side note to frequently marginalized campus diversity initiatives. Our work to establish the new research center takes up the challenge of placing indigenous …

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“It Is Laced With Faults”: American Indians, Public Participation And The Politics Of Siting A High-Level Nuclear Waste Repository, Jesse P. Van Gerven Jan 2014

“It Is Laced With Faults”: American Indians, Public Participation And The Politics Of Siting A High-Level Nuclear Waste Repository, Jesse P. Van Gerven

Societies Without Borders

In this article I analyze American Indian claims made during the siting process for a high-level nuclear waste repository at Yucca Mountain, Nevada. By utilizing the concepts of distribution and recognition (Fraser 2003) to analyze American Indian claims for financial compensation, cultural artifact/resource protection, and environmental justice I reveal the existence and extent of both objective and intersubjective obstacles preventing greater public participation in environmental decision-making. Through a textual/discourse analysis of public documents associated with the Yucca Mountain Project, my analysis demonstrates how distributive and recognitional injustices impede democratic participation in environmental decision-making, which contributes to the continuation of environmental …

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The Rise Of Human Rights Education: Opportunities, Challenges, And Future Possibilities, Lindsey N. Kingston Jan 2014

The Rise Of Human Rights Education: Opportunities, Challenges, And Future Possibilities, Lindsey N. Kingston

Societies Without Borders

Human rights education (HRE) has gained increasing support as a tool for promoting social responsibility and global respect for international human rights standards. Many schools and universities include HRE in their curricula in an attempt to foster a sense of global citizenship among students, yet educators still grapple with how to most effectively include human rights in undergraduate programs. In an attempt to provide resources and to promote effective HRE, this article examines the rise of human rights education and analyzes its potential for positive change. In particular, high impact learning practices (such as community partnerships and short-term study abroad …

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Making Visible The Invisible: Nighttime Lights Data And The Closing Of The Human Rights Information Gap, Xi Chen Jan 2014

Making Visible The Invisible: Nighttime Lights Data And The Closing Of The Human Rights Information Gap, Xi Chen

Societies Without Borders

War, poverty, geographical remoteness and political isolation all contribute to unreliable or non-existent data for developing regions of the world. As a consequence, research within these areas has been hampered by an abject lack of data in underdeveloped regions. The satellite-based nighttime lights data introduced here may hold the potential to overcome this problem by providing a proxy measure for large numbers of variables dealing with second and third generation human rights issues. The images presented here represent some of the newest forms of data available to social science investigations and those interested in human rights studies, and are already …

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Review Of A Quiet Revolution: The Veil’S Resurgence, From The Middle East To America By Leila Ahmed, Mohammand Salehin Jan 2014

Review Of A Quiet Revolution: The Veil’S Resurgence, From The Middle East To America By Leila Ahmed, Mohammand Salehin

Societies Without Borders

No abstract provided.

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Review Of Torture: A Sociology Of Violence And Human Rights By Lisa Hajjar, Jared Del Rosso Jan 2014

Review Of Torture: A Sociology Of Violence And Human Rights By Lisa Hajjar, Jared Del Rosso

Societies Without Borders

No abstract provided.

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The Fundamentalism Of Liberal Rights: Decoding The Freedom Of Expression Under The European Convention For The Protection Of Human Rights And Fundamental Freedoms, Moeen Cheema, Adeel Kamran Jan 2014

The Fundamentalism Of Liberal Rights: Decoding The Freedom Of Expression Under The European Convention For The Protection Of Human Rights And Fundamental Freedoms, Moeen Cheema, Adeel Kamran

Loyola University Chicago International Law Review

No abstract provided.

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Olympic-Sized Opportunity: Examining The Ioc's Past Neglect Of Human Rights In Host Cities And The Chance To Encourage Reformon A Global Scale, Chad Nold Jan 2014

Olympic-Sized Opportunity: Examining The Ioc's Past Neglect Of Human Rights In Host Cities And The Chance To Encourage Reformon A Global Scale, Chad Nold

Loyola University Chicago International Law Review

No abstract provided.

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Human Rights Provisions In Free Trade Agreements: Do The Ends Justify The Means?, Meredith Kolsky Lewis Jan 2014

Human Rights Provisions In Free Trade Agreements: Do The Ends Justify The Means?, Meredith Kolsky Lewis

Loyola University Chicago International Law Review

No abstract provided.

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Defending The Spirit Of The Doha Declaration In Free Trade Agreements: Trans-Pacific Partnership And Access To Affordable Medicines, Burcu Kilic Jan 2014

Defending The Spirit Of The Doha Declaration In Free Trade Agreements: Trans-Pacific Partnership And Access To Affordable Medicines, Burcu Kilic

Loyola University Chicago International Law Review

No abstract provided.

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Scott Lively And Free Trade: United States Free Trade Agreements As A Mechanism For Advancing Human Rights Abroad, Nicholas K. Fedde Jan 2014

Scott Lively And Free Trade: United States Free Trade Agreements As A Mechanism For Advancing Human Rights Abroad, Nicholas K. Fedde

Loyola University Chicago International Law Review

No abstract provided.

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Trafficking In Child Labor In Ghana And Senegal, Steven Brandt Jan 2014

Trafficking In Child Labor In Ghana And Senegal, Steven Brandt

Annual Interdisciplinary Conference on Human Trafficking: 6th (2014)

The goal of this paper is to determine the efficacy of anti-trafficking governance in Senegal and Ghana and what social, political, legal and economic factors work for or against those policies such as: - social policies for and against the growth of the NGO community - enforcement of anti-trafficking laws - economic policies for impoverished urban and rural communities - government rehabilitation policies for minors - federal, state and local corruption - border security/immigration - religious and political freedom This research comprises a comprehensive literature analysis as to the current state of trafficking of minors in Ghana and Senegal. First …

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Serious Harm, James C. Hathaway Jan 2014

Serious Harm, James C. Hathaway

Book Chapters

Although the requirement to show a well-founded fear of “being persecuted” is at the heart of the refugee definition, the Refugee Convention does not define or elucidate the meaning to be given to this concept. Indeed, it is generally acknowledged that the drafters of the Convention intentionally declined to define “being persecuted” because they recognized the impossibility of enumerating in advance all of the forms of maltreatment that might legitimately entitle persons to benefit from international protection. The need for a flexible approach to “being persecuted” is especially important today given the duty under the 1967 Protocol to apply the …

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The Alien Tort Statute Of 1789 And International Human Rights Violations: Kiobel V. Royal Dutch Petroleum Co., Paula Alexander Becker Jan 2014

The Alien Tort Statute Of 1789 And International Human Rights Violations: Kiobel V. Royal Dutch Petroleum Co., Paula Alexander Becker

New England Journal of Entrepreneurship

Kiobel v. Royal Dutch Petroleum Co. involves an action under the Alien Tort Statute (ATS). The case was brought in the United States, Southern District of New York, by the widow of Dr. Barinem Kiobel, a Nigerian activist and member of the Ogoni tribe, and others for human rights violations committed in the Niger River Delta. Defendants include Royal Dutch Petroleum, Shell Transport and Trading Co., and Shell Petroleum Development Company of Nigeria. Although the human rights violations including murder and torture were allegedly committed by the Nigerian military government, it is claimed that the Royal Dutch Petroleum defendants aided …

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Must Israel Accept Syrian Refugees?, Michael Kagan Jan 2014

Must Israel Accept Syrian Refugees?, Michael Kagan

Scholarly Works

In this article, Professor Michael Kagan discusses Israel's policy to refuse asylum to "subjects of enemy or hostile states," in the context of a 2004 asylum case filed by a Syrian girl. A decade later, Israel has not accepted a single Syrian refugee. Professor Kagan examines the moral and legal responsibilities of Israel and how they conflict with its current policy.

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