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Human Rights Law Commons™

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2014

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Articles 451 - 480 of 504

Full-Text Articles in Human Rights Law

The Most Important Cases Of The Inter-American Commission On Human Rights, Richard Wilson Jan 2014

The Most Important Cases Of The Inter-American Commission On Human Rights, Richard Wilson

Scholarly Articles in Law Reviews & Journals

The Inter-American Commission of Human Rights (IACHR), together with its companion body, the Inter-American Court of Human Rights (IACtHR), are autonomous organs of the Organization of American States (OAS). The IACHR promotes and protects human rights in the Western Hemisphere. Created by the OAS in 1959, the Commission has its headquarters in Washington, D.C. Together with the Court, established in 1979 in San Jose, Costa Rica, the Commission has emerged as a model of international human rights and humanitarian law, as well as of individual rights.Since its inception, the Commission has made extraordinary progress. Through its 55-year history, it has …


Exploitation Creep And The Unmaking Of Human Trafficking Law, Janie Chuang Jan 2014

Exploitation Creep And The Unmaking Of Human Trafficking Law, Janie Chuang

Scholarly Articles in Law Reviews & Journals

The U.S. government and influential NGOs have been promoting a greatly expanded legal and policy understanding of the problem of human trafficking, recasting forced labor as trafficking, and trafficking as "modern-day slavery." The aggregate effect is a doctrinally problematic "exploitation creep." For strong legal and policy reasons, anti-trafficking efforts should target struc- tural vulnerability to trafficking through strengthened labor frameworks. On the same grounds the article contests initiatives to conflate human trafficking with slavery and to address trafficking primarily under an ex post crime-control par- adigm focused on perpetrator accountability and victim protection.


Problems Faced By Mexican Asylum Seekers In The United States, Anna Cabot Jan 2014

Problems Faced By Mexican Asylum Seekers In The United States, Anna Cabot

Scholarly Articles in Law Reviews & Journals

Violence in Mexico rose sharply in response to President Felipe Calder6n's military campaign against drug cartels which began in late 2006. As a consequence, the number of Mexicans who have sought asylum in the United States has grown significantly. In 2013, Mexicans made up the second largest group of defensive asylum seekers (those in removal proceedings) in the United States, behind only China (EOIR 2014b). Yet between 2008 and 2013, the grant rate for Mexican asylum seekers in immigration court fell from 23 percent to nine percent (EOIR 2013, 2014b). This paper examines-from the perspective of an attorney who represented …


The Rights Of Lesbian Gay Bisexual And Transgendered Peoples And International Human Rights Law, Claudia Martin, Diego Rodriguez-Pinzon Jan 2014

The Rights Of Lesbian Gay Bisexual And Transgendered Peoples And International Human Rights Law, Claudia Martin, Diego Rodriguez-Pinzon

Scholarly Articles in Law Reviews & Journals

No abstract provided.


Remarks: The Tension Between Law And Politics: Can The Icc Navigate A Multi-Polar World?, Diane Orentlicher Jan 2014

Remarks: The Tension Between Law And Politics: Can The Icc Navigate A Multi-Polar World?, Diane Orentlicher

Scholarly Articles in Law Reviews & Journals

No abstract provided.


Implementing Human Rights In Closed Environments Through The United Nations Convention Against Torture, Claudio Grossman Jan 2014

Implementing Human Rights In Closed Environments Through The United Nations Convention Against Torture, Claudio Grossman

Scholarly Articles in Law Reviews & Journals

Closed environments pose a major challenge to the full and effective implementation of human rights norms and conventions. However, many conventions contain mechanisms that can be used to further advance implementation of human rights in those closed environments. The United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (the Convention) has several mechanisms in place that play an important role in enforcing and implementing human rights obligations. Along with the creation of a supervisory organ, the Committee against Torture (the Committee), the Convention provides a framework for: State Party reporting and concluding observations (COBs) under …


'Friend To The Martyr, A Friend To The Woman Of Shame': Thinking About The Law, Shame And Humiliation, Michael L. Perlin, Naomi Weinstein Jan 2014

'Friend To The Martyr, A Friend To The Woman Of Shame': Thinking About The Law, Shame And Humiliation, Michael L. Perlin, Naomi Weinstein

Articles & Chapters

This paper considers the intersection between law, humiliation and shame, and how the law has the capacity to allow for, to encourage, or (in some cases) to remediate humiliation, or humiliating or shaming behavior. The need for new attention to be paid to this question has increased exponentially as we begin to also take more seriously international human rights mandates, especially – although certainly not exclusively – in the context of the recently-ratified United Nations Convention on the Rights of Persons with Disabilities, a Convention that calls for “respect for inherent dignity,” and characterizes "discrimination against any person on the …


Why The United States Cannot Agree To Disagree On Blasphemy Laws, Evelyn Aswad, Rashad Hussain, M. Suleman Jan 2014

Why The United States Cannot Agree To Disagree On Blasphemy Laws, Evelyn Aswad, Rashad Hussain, M. Suleman

Faculty Articles

At the Boston University International Law Journal's symposium "Realigning Western Policy and International Law after the Arab Spring," held on March 25, 2013, Professor Aswad gave the keynote address, where she described the extensive U.S. diplomatic efforts to promote the broadest possible protections for freedoms of expression and religion, even when it comes to speech that is considered blasphemous. A symposium participant asked why the United States cannot just agree to disagree with Muslim-majority countries on the treatment of blasphemy given the religious sensibilities in those countries and the number of other pressing equities the United States has pending with …


Moral Touchstone, Not General Deterrence: The Role Of International Criminal Justice In Fostering Compliance With International Humanitarian Law, Chris Jenks Jan 2014

Moral Touchstone, Not General Deterrence: The Role Of International Criminal Justice In Fostering Compliance With International Humanitarian Law, Chris Jenks

Faculty Journal Articles and Book Chapters

This article contends that international criminal justice provides minimal general deterrence of future violations of international humanitarian law (IHL). Arguments that international courts and tribunals deter future violations – and that such deterrence is a primary objective – assume an internally inconsistent burden that the processes cannot bear, in essence setting international criminal justice up for failure. Moreover, the inherently limited number of proceedings, the length of time required, the dense opinions generated, the relatively light sentences and the robust confinement conditions all erode whatever limited general deterrence international criminal justice might otherwise provide. Bluntly stated, thousands of pages of …


Beyond Child Welfare - Theories On Child Homelessness, Jessica Dixon Weaver Jan 2014

Beyond Child Welfare - Theories On Child Homelessness, Jessica Dixon Weaver

Faculty Journal Articles and Book Chapters

According to recent federal data from 2013, the number of children who experience homelessness in the United States has reached an astonishing 2.5 million. Among industrialized nations, America has a one of the highest poverty rates among children, peaking at 22% in 2010. This Article considers why there is an ambivalent and sometimes hostile response to chronic, persistent poverty among families with young children. Various reports on the state of homeless families state that the cause of homelessness is a combination of lack of affordable housing, extreme poverty, decreasing government support, domestic violence, the challenge of raising children alone, and …


Interim Measures In Inter-State Proceedings Before The European Court Of Human Rights: Ukraine V. Russia, Stefan Kirchner Jan 2014

Interim Measures In Inter-State Proceedings Before The European Court Of Human Rights: Ukraine V. Russia, Stefan Kirchner

University of Baltimore Journal of International Law

Over the course of the year 2014, the situation in Ukraine has turned from a domestic political issue involving protests, killings, and the ouster of the former president, into a military confrontation with Russia. At the time of writing (August 2014), Russia has annexed Crimea and is supporting separatists, who are in a state of civil war against the Ukrainian state, in Eastern parts of the country. This conflict is ongoing and an unknown number of civilians have been killed, notably the passengers of the Malaysia Airlines flight MH17, which is thought to have been shot down over the conflict …


Letter From The Editors, Human Rights Brief Jan 2014

Letter From The Editors, Human Rights Brief

Human Rights Brief

No abstract provided.


Regulation 55 And The Rights Of The Accused At The International Criminal Court, Susana Sácouto, Katherine Cleary Thompson Jan 2014

Regulation 55 And The Rights Of The Accused At The International Criminal Court, Susana Sácouto, Katherine Cleary Thompson

Human Rights Brief

No abstract provided.


Punishments In Penal Institutions: (Dis)-Proportionality In Isolation, Jacob Zoghlin Jan 2014

Punishments In Penal Institutions: (Dis)-Proportionality In Isolation, Jacob Zoghlin

Human Rights Brief

No abstract provided.


Building A Dangerous Precedent In The Americas: Revoking Fundamental Rights Of Dominicans, Marselha Gonçalves Margerin, Monika Kalra Varma, Salvador Sarmiento Jan 2014

Building A Dangerous Precedent In The Americas: Revoking Fundamental Rights Of Dominicans, Marselha Gonçalves Margerin, Monika Kalra Varma, Salvador Sarmiento

Human Rights Brief

No abstract provided.


The International Human Rights Treaty System: Impact At The Domestic And International Levels, Claudio Grossman Jan 2014

The International Human Rights Treaty System: Impact At The Domestic And International Levels, Claudio Grossman

Human Rights Brief

No abstract provided.


Selected Coverage Of The 149th Session Of The Inter-American Commission On Human Rights, Brittany West, Whitney-Ann Mulhauser, Jason Cowin Jan 2014

Selected Coverage Of The 149th Session Of The Inter-American Commission On Human Rights, Brittany West, Whitney-Ann Mulhauser, Jason Cowin

Human Rights Brief

No abstract provided.


Judgment Summaries: International Criminal Tribunal For Rwanda, Jacqueline Niba, Davina Ugochukwu Jan 2014

Judgment Summaries: International Criminal Tribunal For Rwanda, Jacqueline Niba, Davina Ugochukwu

Human Rights Brief

No abstract provided.


Regions, Austin Shangraw, Ross Boone, Angela Chen, Shereen Kajouee, Jason Cowin, Whitney-Ann Mulhauser, James Toliver, Min Jung Kim, Ada Lacevic Jan 2014

Regions, Austin Shangraw, Ross Boone, Angela Chen, Shereen Kajouee, Jason Cowin, Whitney-Ann Mulhauser, James Toliver, Min Jung Kim, Ada Lacevic

Human Rights Brief

No abstract provided.


Criminal Courts And Tribunals, Chris Keeler Jan 2014

Criminal Courts And Tribunals, Chris Keeler

Human Rights Brief

No abstract provided.


Inter-Governmental Organizations, Andrea Flynn-Schneider Jan 2014

Inter-Governmental Organizations, Andrea Flynn-Schneider

Human Rights Brief

No abstract provided.


Center News And Faculty Updates, Human Rights Brief Jan 2014

Center News And Faculty Updates, Human Rights Brief

Human Rights Brief

No abstract provided.


Human Rights Violations By Peacekeeping Forces In Somalia, Richard J. Wilson, Emily Singer Hurvitz Jan 2014

Human Rights Violations By Peacekeeping Forces In Somalia, Richard J. Wilson, Emily Singer Hurvitz

Human Rights Brief

No abstract provided.


State Obligations To Protect The Lives And Health Of Women After Abortion Or Miscarriage, Angie Mccarthy Jan 2014

State Obligations To Protect The Lives And Health Of Women After Abortion Or Miscarriage, Angie Mccarthy

Human Rights Brief

No abstract provided.


The International Human Rights Treaty System: Impact At The Domestic And International Levels, Navi Pillay Jan 2014

The International Human Rights Treaty System: Impact At The Domestic And International Levels, Navi Pillay

Human Rights Brief

No abstract provided.


A Jail By Any Other Name: Labor Camp Abolition In The Context Of Arbitrary Detention In China, Harry Wu, Cole Goodrich Jan 2014

A Jail By Any Other Name: Labor Camp Abolition In The Context Of Arbitrary Detention In China, Harry Wu, Cole Goodrich

Human Rights Brief

No abstract provided.


El Testimonio Ixil Pesa Mas: Reflections On The Guatemalan Genocide Trial One Year Later, Christina M. Fetterhoff Jan 2014

El Testimonio Ixil Pesa Mas: Reflections On The Guatemalan Genocide Trial One Year Later, Christina M. Fetterhoff

Human Rights Brief

No abstract provided.


Jonathan Crowe & Kylie Weston-Scheuber: Principles Of International Humanitarian Law (Edward Elgar 2013), Chelsea Zimmerman Jan 2014

Jonathan Crowe & Kylie Weston-Scheuber: Principles Of International Humanitarian Law (Edward Elgar 2013), Chelsea Zimmerman

Human Rights Brief

No abstract provided.


Criminal Courts And Tribunals, Christopher Keeler Jan 2014

Criminal Courts And Tribunals, Christopher Keeler

Human Rights Brief

No abstract provided.


Center News And Faculty Updates, Human Rights Brief Jan 2014

Center News And Faculty Updates, Human Rights Brief

Human Rights Brief

No abstract provided.