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Human Rights Law Commons

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2015

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Articles 361 - 390 of 459

Full-Text Articles in Human Rights Law

The Conflation Of Ethnicity And Religion In Malaysia: A Reflection, Mahmood Chandia, Kartina A. Choong Jan 2015

The Conflation Of Ethnicity And Religion In Malaysia: A Reflection, Mahmood Chandia, Kartina A. Choong

Cardozo Journal of International and Comparative Law

According to the Malaysian Constitution, a "Malay" is one who, among other things, professes the religion of Islam. All Malays are, by legal definition, at least Muslims and they are not at liberty to leave Islam since a renunciation of the Islamic faith is tantamount to a renunciation of one's legally defined ethnic identity. This constitutional conflation of ethnicity and religion, which also serves the purpose of uniting the Malays and advancing their socio-economic interests, has been a distinct feature of the social landscape of the country since 1957, when it gained independence from British rule. This Article seeks to …


Unrwa And The Convention On The Rights Of The Child: Who Is Responsible For Violations In Education?, Alexandra M.C. Douglas Jan 2015

Unrwa And The Convention On The Rights Of The Child: Who Is Responsible For Violations In Education?, Alexandra M.C. Douglas

Cardozo Journal of International and Comparative Law

The note argues that the Palestinian Authority's curriculum, used in UNRWA schools, violates the Convention on the Rights of the Child (CRC) by promoting a culture of violence, martyrdom, and jihad, rather than fostering respect for human rights, peace, and tolerance. It contends that donor countries, particularly the U.S. and E.U., bear responsibility for these violations due to their significant funding of UNRWA and the extraterritorial obligations under the CRC. The note proposes conditioning future funding on the adoption of a neutral education system to ensure compliance with the CRC.


Believable Victims: Asylum Credibility And The Struggle For Objectivity, Michael Kagan Jan 2015

Believable Victims: Asylum Credibility And The Struggle For Objectivity, Michael Kagan

Scholarly Works

Asylum adjudication is often the invisible frontline in the struggle by oppressed groups to gain recognition for their plights. Through this process, individual people must tell their stories and try to show that they are genuine victims of persecution rather than simply illegal immigrants attempting to slip through the system. In 2002, because the world had not yet acknowledged the nature of the calamity from which they were escaping, many Darfurian asylum cases would have relied on the ability of each individual to convince government offices to believe their stories. They would have had to be deemed “credible,” or they …


Raising Legal Giants: The Agency Of The Poor In The Human Rights Jurisprudence Of The Nigerian Appellate Courts, 1990-2011, Obiora C. Okafor, Basil E. Ugochukwu Jan 2015

Raising Legal Giants: The Agency Of The Poor In The Human Rights Jurisprudence Of The Nigerian Appellate Courts, 1990-2011, Obiora C. Okafor, Basil E. Ugochukwu

Articles & Book Chapters

This article examines the extent to which the jurisprudence of the Nigerian appellate courts has expanded, maintained or contracted the opportunities of the poor for exercising as robustly as possible their own ‘agency’ to act to redress human rights abuses committed against them during the period between 1990 and 2011. In doing so, the article mostly utilises a critical socio-legal framework which situates Nigeria’s human rights law relating to the agency of the poor within its historical, social, economic and political context. Specifically, it utilises – among others – the kernel ideas of Upendra Baxi’s seminal trade-related market-friendly human rights …


Un Quick Impact Projects: A Stepping Stone For United Nations Missions Effectiveness Through The Creation Of A Confidence Building System, Marie Lepin Jan 2015

Un Quick Impact Projects: A Stepping Stone For United Nations Missions Effectiveness Through The Creation Of A Confidence Building System, Marie Lepin

Dissertations and Theses

This thesis is focusing on the United Nations Quick Impact Projects, which were officially established as part of the UN peacekeeping missions program through the Brahimi report in 2004. Their primary purpose is to develop and strengthen the relationship between the mission and the host population. Precisely, this analysis is centering on the influence that improved relationships have on the effectiveness of a UN mission. In order to do so, the structure of this research is based on a comparative method, using interviews from the field and at the UN headquarters in New York City. The purpose of such method …


Table Of Contents, Public Interest Law Reporter Jan 2015

Table Of Contents, Public Interest Law Reporter

Public Interest Law Reporter

No abstract provided.


The Vaccination Debate: From The Playground To The Courtroom, Michelle Corda Jan 2015

The Vaccination Debate: From The Playground To The Courtroom, Michelle Corda

Public Interest Law Reporter

No abstract provided.


"Reparations Now!": Municipal Reparations, International Tribunals, And The Chicago Torture Justice Memorials Campaign, Nickolas Kaplan Jan 2015

"Reparations Now!": Municipal Reparations, International Tribunals, And The Chicago Torture Justice Memorials Campaign, Nickolas Kaplan

Public Interest Law Reporter

No abstract provided.


Does America Care About Mental Health Care?, Zainab Mehkeri Jan 2015

Does America Care About Mental Health Care?, Zainab Mehkeri

Public Interest Law Reporter

No abstract provided.


Coop Businesses: Ownership For The Disowned, Tyler Gurss Jan 2015

Coop Businesses: Ownership For The Disowned, Tyler Gurss

Public Interest Law Reporter

No abstract provided.


Congress Addresses Federally-Funded Animal Research Lab, Angela Sukurs Jan 2015

Congress Addresses Federally-Funded Animal Research Lab, Angela Sukurs

Public Interest Law Reporter

No abstract provided.


The Future Of United States "Wet Foot-Dry Foot" Policy For Cuban Immigration, Elizabeth Hanford Jan 2015

The Future Of United States "Wet Foot-Dry Foot" Policy For Cuban Immigration, Elizabeth Hanford

Public Interest Law Reporter

No abstract provided.


Table Of Contents, Public Interest Law Reporter Jan 2015

Table Of Contents, Public Interest Law Reporter

Public Interest Law Reporter

No abstract provided.


Lawyers Represent Clients ... Or Do They?, Alan Mills Jan 2015

Lawyers Represent Clients ... Or Do They?, Alan Mills

Public Interest Law Reporter

In most cases, lawyers file cases on behalf of clients. However, lawyers do not-get to make substantive decisions about the cases we work on; our clients do. Illinois Rule of Professional Conduct 1.2 makes this clear: [A] lawyer shall abide by a client's decisions concerning the objectives of representation and .. . Shall consult with the client as to the means by which they are to be pursued. But what happens in a class action lawsuit? Once a class is certified, lawyers represent both named plaintiffs and every member of the class. What happens when there is a conflict between …


Making Higher Education An Option: Taking A Look At The Chicago Support System For Undocumented High School Students, Martha Laura Garcia Jan 2015

Making Higher Education An Option: Taking A Look At The Chicago Support System For Undocumented High School Students, Martha Laura Garcia

Public Interest Law Reporter

From the injunction on the President's Executive Action to expand the current immigration policies to the current language presidential candidates have used when speaking about immigration reform, immigrants have more than enough reasons to feel uneasy about their future in this country. All is not bad, however, especially for undocumented students. Cities like Chicago, a city of immigrants, are making great strides to create welcoming and supportive communities for immigrants. Compared to other U.S. cities, Chicago is very immigrant-friendly, with people working across the city to provide support for undocumented students and ensure that they have access to higher education. …


Polling Stations Not Up To Ada Standards Prevent Voting, Bethany Dixon Jan 2015

Polling Stations Not Up To Ada Standards Prevent Voting, Bethany Dixon

Public Interest Law Reporter

No abstract provided.


Finding Common Ground: Exploring Whether Gentrification And Public Housing Can Co-Exist, Adrien Fernandez Jan 2015

Finding Common Ground: Exploring Whether Gentrification And Public Housing Can Co-Exist, Adrien Fernandez

Public Interest Law Reporter

No abstract provided.


State Budget Cuts Cause Disproportional Impact On Minorities, Women, And Immigrants, Ji Hwang Jan 2015

State Budget Cuts Cause Disproportional Impact On Minorities, Women, And Immigrants, Ji Hwang

Public Interest Law Reporter

No abstract provided.


Who's In The Sights: Fighting The Illegal Effects Of Legal Gun Ownership In Chicago, Sarah Nagy Jan 2015

Who's In The Sights: Fighting The Illegal Effects Of Legal Gun Ownership In Chicago, Sarah Nagy

Public Interest Law Reporter

No abstract provided.


Should Transgender Men And Women Be Allowed To Get Sex Reassignment Surgery While Incarcerated?, Keimer Raymond Jan 2015

Should Transgender Men And Women Be Allowed To Get Sex Reassignment Surgery While Incarcerated?, Keimer Raymond

Public Interest Law Reporter

No abstract provided.


Are The Sexual Assault Policies On Illinois College Campuses Procedurally Structured To Support The Reproductive Rights Of Female Victims?, Erika Weaver Jan 2015

Are The Sexual Assault Policies On Illinois College Campuses Procedurally Structured To Support The Reproductive Rights Of Female Victims?, Erika Weaver

Public Interest Law Reporter

No abstract provided.


Marriage Certificates, Wedding Bells Unemployment Lines: Employment Discrimination Issues Post Marriage Equality, Joel Viramontes-Gallegos Jan 2015

Marriage Certificates, Wedding Bells Unemployment Lines: Employment Discrimination Issues Post Marriage Equality, Joel Viramontes-Gallegos

Public Interest Law Reporter

No abstract provided.


How Chicago Is Criminalizing Homelessness, Anthony Wadas Jan 2015

How Chicago Is Criminalizing Homelessness, Anthony Wadas

Public Interest Law Reporter

Chicago passed an ordinance banning "aggressive panhandling," and the definition is rather broad, providing no clear definition of what constitutes "aggressive." The ordinance outright bans panhandling in certain locations, such as within ten feet of any CTA bus stop, "L" entrance, ATMs, or certain businesses including currency exchanges, banks, and outdoor cafes. Additionally, individuals are prohibited from soliciting people in vehicles for donations. Further, it prohibits soliciting in a manner that a reasonable person would find intimidating. Faced with these efforts to criminalize the homeless condition, individuals living on the streets face additional struggles when trying to escape poverty. People …


Civil Asset Forfeiture Reform: Is Chicago Making The Grade?, Austin Spillar Jan 2015

Civil Asset Forfeiture Reform: Is Chicago Making The Grade?, Austin Spillar

Public Interest Law Reporter

Civil asset forfeiture allows police to seize a person's cash and property without charging or convicting them of a crime, or even without making an arrest. The police simply just have to suspect that the assets are tied to an illegal activity. This leads some to call it "legal robbery," while law enforcement sees it as a tool to fight crime and supplement their budget. This article will examine civil asset forfeiture and its proceeds, emerging efforts for reform, and recent data and case law on civil asset forfeiture in Chicago.


Political Activism: Chicago Politicians' Silence When Black Lives Matter, Alison Hill Jan 2015

Political Activism: Chicago Politicians' Silence When Black Lives Matter, Alison Hill

Public Interest Law Reporter

No abstract provided.


The Fight That Must Be Fought: Reflections On Race, School, Struggle And Sacrifice On The South Side Of Chicago, David Stovall Jan 2015

The Fight That Must Be Fought: Reflections On Race, School, Struggle And Sacrifice On The South Side Of Chicago, David Stovall

Public Interest Law Reporter

The following paragraphs are centered in the realities of life in a hyper-segregated city that moves to displace, marginalize and isolate certain members of its population while making space for new investments in housing and other infrastructure. The story is layered and multi-pronged, while deeply imbued in the politics of race, class, and government. Fortunately for some members of the city, the struggle for the basic needs of housing, education and quality of life has not ended. Instead, a public awakening has begun to ignite city members to work in unison to change the current condition.


The Color Of Pain: Blacks And The U.S. Health Care System--Can The Affordable Care Act Help To Heal A History Of Injustice?, Part I, Jennifer M. Smith Jan 2015

The Color Of Pain: Blacks And The U.S. Health Care System--Can The Affordable Care Act Help To Heal A History Of Injustice?, Part I, Jennifer M. Smith

Journal Publications

Discrimination in its various forms has contributed to the exclusion of blacks and other people of color from the field of medicine both as health care providers and as patients in the United States. Dr. Robinson's story is but one example. Racism has significantly harmed the health care of black people in the U.S. Generally speaking, those with the poorest health and the greatest need have had the poorest access to medical care, as well as lower quality health care than their white counterparts. To understand this, we must consider the historical context of blacks in America and in America's …


Immigrant Victims, Immigrant Accusers, Michael Kagan Jan 2015

Immigrant Victims, Immigrant Accusers, Michael Kagan

Scholarly Works

The U Visa program provides an immigration status to noncitizen victims of crime, which is essential to prevent unauthorized immigrants from being afraid to seek help from the police, and thus becoming easy prey for criminals. This visa falls into a category of immigration programs that grant benefits on the basis of victim status, rather than on family or employment connections to the United States. But the federal government structured the U Visa program so that in order to be protected as a victim, a person must also become an accuser. The U Visa thus implicates the rights of third …


Pharmaceutical Patents And The Human Right To Health: The Contested Evolution Of The Transnational Legal Order On Access To Medicines, Laurence R. Helfer Jan 2015

Pharmaceutical Patents And The Human Right To Health: The Contested Evolution Of The Transnational Legal Order On Access To Medicines, Laurence R. Helfer

Faculty Scholarship

Disputes over the regulation of access to medicines are occurring in multiple transnational, national, and local venues. Competing groups of states and non-state actors shift horizontally and vertically among these forums in an effort to develop competing legal rules over the propriety of granting intellectual property (IP) protection to newly developed life-saving drugs. This chapter applies the framework of Transnational Legal Orders (Terence C. Halliday & Gregory Shaffer, eds. 2015) to explain the origins of these controversies and their consequences. The chapter argues that the current state of affairs arose from a clash between two previously discrete TLOs—one relating to …


Catholic Social Thought And Human Rights, Zachary R. Calo Jan 2015

Catholic Social Thought And Human Rights, Zachary R. Calo

Scholarly Works

As the dominant moral vocabulary of modernity, the language of human rights establishes significant points of contact between the religious and the secular. Yet, the human rights movement increasingly finds itself in a contested relationship with religious ideas and communities. Even as it draws on the inherited moral resources of religion, the human rights movement, at least in its dominant institutional and intellectual expressions, presents itself as a totalizing moral theory that challenges countervailing theological accounts of human rights. This article considers the distinctive account of human rights that has emerged within Catholic social teaching. Particular attention is given to …