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Articles 1 - 30 of 433
Full-Text Articles in Human Rights Law
Some Remarks On Self-Defense And Intervention: A Reaction To Reading Law And Civil War In The Modern World, Josef Rohlik
Some Remarks On Self-Defense And Intervention: A Reaction To Reading Law And Civil War In The Modern World, Josef Rohlik
Georgia Journal of International & Comparative Law
No abstract provided.
Fighting Back Against Revenge Porn: A Legislative Solution, Alex Jacobs
Fighting Back Against Revenge Porn: A Legislative Solution, Alex Jacobs
Northwestern Journal of Law & Social Policy
No abstract provided.
Defining “Justice” In Post-Conflict Societies By Exploring The Case Of The Armenian Genocide., Narek Ghazaryan
Defining “Justice” In Post-Conflict Societies By Exploring The Case Of The Armenian Genocide., Narek Ghazaryan
Master's Theses
This study examines the many different approaches towards justice in post-conflict societies. It analysis the two main theories of justice and uses the Armenian Genocide as a case study to comprehend what constitutes justice in the aftermath of a humanitarian crisis. This study aims to define “justice” by the Armenian population in forms of surveys and expert interviews. It is the community who is directly impacted by the crisis can indeed identify what justice mean to them. For a society to heal in the aftermath of conflict justice needs to be served in order to restore peace and harmony. For …
Ending Discrimination: Positive Approaches For Government, Florence V. Lucas
Ending Discrimination: Positive Approaches For Government, Florence V. Lucas
The Catholic Lawyer
No abstract provided.
Different Names For Bullying, Marco Poggio
Different Names For Bullying, Marco Poggio
Capstones
“There's all different forms of bullying,” says Steven Gray, a Lakota rancher and former law enforcement officer living in South Dakota. In this look into Gray’s life, we learn about two instances of bullying: the psychological and physical harassment that pushed his son, Tanner Thomas Gray, to commit suicide at age 12; And the controversial construction of an oil pipeline in an ancient tribal land that belongs to the Lakota people by rights of a treaty signed in 1851, which Gray sees as an institutional abuse infringing on the sovereignty of his people. Gray is involved in the movement that …
Not On The Menu, Kathryn Casteel, Zameena Mejia
Not On The Menu, Kathryn Casteel, Zameena Mejia
Capstones
The element of “unwelcomeness” and the burden of proof on the plaintiff to prove sexual conduct in the workplace is one of the flaws of Title VII that make it difficult to protect victims of sexual harassment. This is particularly true in restaurants where a sexual environment is often thought of as “part of the job.” Formal complaint systems, if available, in restaurants are often flawed, even though they can pose as an affirmative defense for the defendant if they are available and a victim does not file a complaint. In the cases examined, all involved an accused supervisor or …
Running For Ayotzinapa: A Father's Marathon To Find His Son, Gustavo Martínez
Running For Ayotzinapa: A Father's Marathon To Find His Son, Gustavo Martínez
Capstones
People find a world of reasons to run marathons: to fight cancer, to raise money for a charity, to fulfill a promise. But Antonio Tizapa runs for the reason that has dictated his every waking moment for more than two years: finding his son. The story is presented through a written piece and a video short documentary. It follows Tizapa through events and races in the New York City area.
Emigration, Repatriation And The Reality Of Returned Youth In El Salvador, Isabel C. Duarte Vasquez
Emigration, Repatriation And The Reality Of Returned Youth In El Salvador, Isabel C. Duarte Vasquez
Master's Theses
According to US Customs and Border Protection, over 59 thousand unaccompanied minors from the Northern Triangle (Guatemala, Honduras and El Salvador) have been detained at the US border, of those 59 thousand, 17 thousand are from El Salvador. El Salvador is home to some of the most dangerous and ruthless gangs of the twenty-first century. Their ruthlessness comes from 1980s guerrilla warfare experience. In addition, El Salvador serves as a transshipment point for illicit substances from South America into Mexico. These dynamics fuel the homicide rate of the region as local gang members must protect their territory by any means …
A Further Step Toward Protection Of Migration Family Rights, Dr. T. Stark
A Further Step Toward Protection Of Migration Family Rights, Dr. T. Stark
The Catholic Lawyer
No abstract provided.
Chemical Weapons And Other Atrocities: Contrasting Responses To The Syrian Crisis, Tim Mccormack
Chemical Weapons And Other Atrocities: Contrasting Responses To The Syrian Crisis, Tim Mccormack
International Law Studies
Why has the use of chemical weapons in Syria engendered such a substantive multilateral response in stark contrast to almost every other egregious international law violation perpetrated against the civilian population? Various theories have been offered but the explanation has little to do with humanitarian concerns for Syrian victims and is more readily explicable by unusual (in the Syrian context) alignment of U.S. and Russian national interests. Bashar al-Assad was convinced to accede to the Chemical Weapons Convention, to surrender his stockpiles of chemical weapons and to co-operate with international investigators deployed under UN Security Council auspices amid a cacophony …
The Constitutionality Of Prison Privatization: An Analysis Of Prison Privatization In The United States And Israel, Stacey Jacovetti
The Constitutionality Of Prison Privatization: An Analysis Of Prison Privatization In The United States And Israel, Stacey Jacovetti
Global Business Law Review
This note analyzes the constitutionality of the current state of prison privatization in the United States under the non-delegation doctrine and the due process clause. Furthermore, this note analyzes the Israeli Supreme Court's ruling holding prison privatization as unconstitutional under the Basic Law of the Right to Human Dignity and Liberty. Subsequently, an argument is made that the current authority for the utilization of private prisons in the United States is insufficient to establish the use of private prisons as constitutional. As such, this note argues that the overall scheme of privatization should provide for more detailed contracts--similar to those …
Gender Discrimination And Statelessness In The Gulf Cooperation Council States, Betsy L. Fisher
Gender Discrimination And Statelessness In The Gulf Cooperation Council States, Betsy L. Fisher
Michigan Journal of Gender & Law
Using the Gulf Cooperation Council countries as a case study, this Article outlines the ways in which gender and birth status discrimination create new cases of statelessness. These occur when women are legally unable to convey their nationality to their children. This Article studies gender and birth status discrimination in nationality laws and in civil registration, family, and criminal law in each GCC state: Bahrain, Kuwait, Oman, Qatar, Saudi Arabia, and the United Arab Emirates. Ending statelessness will require these states to end discrimination against women and non-marital children in all of its forms in law and practice.
Who Will Remember The Children? The International Human Rights Movement And Juvenile Justice In Africa, Faisal Bhabha, Cristina Candea
Who Will Remember The Children? The International Human Rights Movement And Juvenile Justice In Africa, Faisal Bhabha, Cristina Candea
The Transnational Human Rights Review
Our goal in this paper is two-fold: we seek to evaluate the development of juvenile justice in Africa by making use of a thorough and ethical method of analysis. We begin with a contextual explanation of the children’s rights movement as it has developed on the continent. We then reframe David Kennedy’s ten-item critique of the international human rights movement into three broad categories. Using these categories, we evaluate the development of juvenile justice in sub-Saharan Africa as it has arisen out of the children’s rights movement.
Rethinking The Jurisdiction Of The National Industrial Court In Human Rights Enforcement In Nigeria: Lessons From South Africa, Abdullahi Saliu Ishola, Adekumbi Adeleye, Dauda Momodu
Rethinking The Jurisdiction Of The National Industrial Court In Human Rights Enforcement In Nigeria: Lessons From South Africa, Abdullahi Saliu Ishola, Adekumbi Adeleye, Dauda Momodu
The Transnational Human Rights Review
In 2009, the Fundamental Rights (Enforcement Procedure) Rules, 2009were introduced to improve administration of justice in human rights cases in Nigerian courts. The Rules established that all human rights cases could be filed in any High Court in the State where the violation occurred. Depending on the parties involved and the place of the violation, this gives wide opportunity for victims to file a case either at the Federal, State, or the Federal Capital Territory High Court. However, in 2011, the 1999 Constitution of Nigeria was altered and thereby vested with exclusive jurisdiction over human rights cases arising from …
The International Dimension Of The Right To Development: Where Is The Gapping Crack Of Accountability For Non-State Actors, Maxwel Miyawa
The International Dimension Of The Right To Development: Where Is The Gapping Crack Of Accountability For Non-State Actors, Maxwel Miyawa
The Transnational Human Rights Review
Mainstream legal scholarship has paid much attention to clarifying the meaning of the right to development by placing a great deal of scrutiny primarily on obligations of states to the neglect of non-state actors, as if states are the only integral players in the global economy necessary for realizing the right to development. This entrepreneurship steered clear of assessing viability of the right’s founding vision of redressing institutional imbalances and unfairness of the global economic order. If the discourse took a global order reform trajectory, it would have injected thoughts on how accountability of international economic institutions and transnational corporations …
Arbitrary Withholding Of Consent To Humanitarian Relief Operations In Armed Conflict, Dapo Akande, Emanuela-Chiara Gillard
Arbitrary Withholding Of Consent To Humanitarian Relief Operations In Armed Conflict, Dapo Akande, Emanuela-Chiara Gillard
International Law Studies
This article examines the requirement under international humanitarian law (IHL) that consent to humanitarian relief operations must not be arbitrarily withheld. It begins with a brief outline of the rules of IHL regulating humanitarian assistance in armed conflict. The article then considers the origin of the rule prohibiting arbitrary withholding of consent to humanitarian relief operations before proceeding to set out the circumstances when consent will be considered to have been withheld arbitrarily under international law. It proposes three tests for arbitrariness in this context, and also examines how international human rights regulates humanitarian assistance in armed conflict.
N Dakota Pipeline Protest Is A Harbinger Of Many More, Lauren Carasik
N Dakota Pipeline Protest Is A Harbinger Of Many More, Lauren Carasik
Media Presence
No abstract provided.
La “Marca Canadiense”: La Violencia Y Las Compañías Mineras Canadienses En América Latina, Shin Imai, Leah Gardner, Sarah Weinberger
La “Marca Canadiense”: La Violencia Y Las Compañías Mineras Canadienses En América Latina, Shin Imai, Leah Gardner, Sarah Weinberger
All Papers
Este informe, elaborado por el Proyecto Justicia y Responsabilidad Corporativa (JCAP, por sus siglas en inglés), es el primero que expone formas específicas de violencia y criminalización asociadas con los proyectos mineros canadienses en América Latina durante un período de quince años. La exposición de cada incidente se complementa con oportunas notas al pie, y todos los vínculos web mencionados se preservan con el uso del servicio Perma.cc de la Escuela de Derecho de Harvard. El informe critica la ausencia de mecanismos en Canadá para la investigación de cualquier presunta violación de los derechos humanos cometida por las compañías mineras …
The Canada Brand: Violence And Canadian Mining Companies In Latin America, Shin Imai, Leah Gardner, Sarah Weinberger
The Canada Brand: Violence And Canadian Mining Companies In Latin America, Shin Imai, Leah Gardner, Sarah Weinberger
All Papers
The Canada Brand: Violence and Canadian Mining in Guatemala
This is the first report to profile specific forms of violence and criminalization associated with Canadian mining projects in Latin America over a fifteen-year period. Each incident is carefully footnoted and all web links are preserved using Harvard Law School’s Perma.cc service. The report is critical of the lack of Canadian mechanisms for investigating human rights abuses of Canadian companies operating overseas. It draws on the thinking of former Supreme Court of Canada Justice Ian Binnie and others to argue that the concepts of proximity to violence and complicity of the …
Sex Workers And Human Rights: A Critical Analysis Of Laws Regarding Sex Work, Rachel Marshall
Sex Workers And Human Rights: A Critical Analysis Of Laws Regarding Sex Work, Rachel Marshall
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
‘These People Have No Clue About Us, The Land, Or How We Live!’: Second Generation Human Rights Along The Texas–Mexico Border, Jennifer G. Correa Ph.D, Tola Olu Pearce Ph.D
‘These People Have No Clue About Us, The Land, Or How We Live!’: Second Generation Human Rights Along The Texas–Mexico Border, Jennifer G. Correa Ph.D, Tola Olu Pearce Ph.D
Societies Without Borders
In this study, we wish to turn attention to how the international human rights framework, developed under the auspices of the United Nations in 1948, is being used by different communities, in particular, the Texas-Mexico border. We emphasize that while the articles contained in the Universal Declaration of Human Rights have, at times, served as a protective platform upon which activists have been able to build, these articles cannot responsibly be imposed without attending to and incorporating the voices of those on the ground. Using both qualitative and ethnographic methods, our objective is to amplify specific voices by analyzing how …
The Male Anti-Circumcision Movement: Ideology, Privilege, And Equity In Social Media, Amanda Kennedy Ph.D, Lauren M. Sardi Ph.D
The Male Anti-Circumcision Movement: Ideology, Privilege, And Equity In Social Media, Amanda Kennedy Ph.D, Lauren M. Sardi Ph.D
Societies Without Borders
Social media has become a primary way in which various social movements may attempt to gain traction within larger frames of cultural discourse (Obar, Zube, and Lampe 2012). However, not all movements that profess human rights and equality goals are truly egalitarian in their orientation. Many men’s movements are ostensibly about gender equality but fall short of their claims because they fail to come to terms with issues of privilege (Messner 1997, 1998). While the male anti-circumcision movement (sometimes referred to as the Intactivist movement) is less radically anti-feminist and has utilized social media to develop and maintain connections with …
Human Rights And The Media, Brian K. Gran Ph.D
Human Rights And The Media, Brian K. Gran Ph.D
Societies Without Borders
No abstract provided.
Democracy, Education, And Free Speech: The Importance Of #Feesmustfall For Transnational Activism, Lindsey Peterson Ph.D, Kentse Radebe, Somya Mohanty Ph.D
Democracy, Education, And Free Speech: The Importance Of #Feesmustfall For Transnational Activism, Lindsey Peterson Ph.D, Kentse Radebe, Somya Mohanty Ph.D
Societies Without Borders
South African students across numerous university campuses joined together in the second half of 2015 to protest the rising cost of higher education. In addition to on-campus protesting, activists utilized Twitter to mobilize and communicate with each other, and, as the protests drew national attention, the hashtag #FeesMustFall began trending on Twitter. Then, what began as a localized movement against tuition increases became a global issue when a court interdict was granted by a South African court against the use of the #FeesMustFall hashtag. This paper traces that global spread of the #FeesMustFall hashtag on Twitter as a response to …
The Technology Bias: What Google Teaches Us About Child Rights, Yvonne Vissing Ph.D, Sarah Burris M.A., Quixada Moore-Vissing Ph.D
The Technology Bias: What Google Teaches Us About Child Rights, Yvonne Vissing Ph.D, Sarah Burris M.A., Quixada Moore-Vissing Ph.D
Societies Without Borders
Technology both helps and hinders what we know about human rights. Use of Google is of central importance to both the Sociology of Knowledge and the creation of internet literacy. In this study, different search engines are compared regarding content of “child rights” in the fifty United States. Findings include: importance of algorithmic loading of sites; number of hits may not reflect the importance or accuracy of a topic; different search engines produce different findings; and personalized searches result in different results. Personalization of searches in accordance to one’s previous search history may result in people being given information that …
The Impact Of Rural Poverty On Women’S Health Outcomes In Ethiopia: A Review Of A Walk To Beautiful, Christine A. Wernet Ph.D
The Impact Of Rural Poverty On Women’S Health Outcomes In Ethiopia: A Review Of A Walk To Beautiful, Christine A. Wernet Ph.D
Societies Without Borders
No abstract provided.
A Dismal Day For Human Rights In The Us, Lauren Carasik
A Dismal Day For Human Rights In The Us, Lauren Carasik
Media Presence
No abstract provided.
Soldier 2.0: Military Human Enhancement And International Law, Heather A. Harrison Dinniss, Jann K. Kleffner
Soldier 2.0: Military Human Enhancement And International Law, Heather A. Harrison Dinniss, Jann K. Kleffner
International Law Studies
Advances in technologies that could endow humans with physical or mental abilities that go beyond the statistically normal level of functioning are occurring at an incredible pace. The use of these human enhancement technologies by the military, for instance in the spheres of biotechnology, cybernetics and prosthetics, raise a number of questions under the international legal frameworks governing military technology, namely the law of armed conflict and human rights law. The article examines these frameworks with a focus on weapons law, the law pertaining to the detention of and by “enhanced individuals,” the human rights of those individuals and their …
Why Kim Davis Is Being Sued To Pay Gay, Straight Couples' Legal Fees, David Laconangelo
Why Kim Davis Is Being Sued To Pay Gay, Straight Couples' Legal Fees, David Laconangelo
Media Collection
No abstract provided.
Amnesty International's Empty Promises: Decriminalization, Prostituted Women, And Sex Trafficking, Darren Geist
Amnesty International's Empty Promises: Decriminalization, Prostituted Women, And Sex Trafficking, Darren Geist
Dignity: A Journal of Analysis of Exploitation and Violence
Through a close examination of Amnesty International’s (Amnesty) own arguments and sources, this paper demonstrates that Amnesty’s proposal to decriminalize prostitution or “sex work” will harm those it claims to help. It concludes that the best available evidence indicates that decriminalization of prostitution would: increase sex trafficking, leave prostituted women or “sex workers” more vulnerable to violence, and reduce access to healthcare, protection, and services. Prostituted women primarily enter the industry at a young age, often suffering from a history of sexual and physical abuse, coming from marginalized and vulnerable communities, and driven by emotional and economic desperation. It is …