Human Rights Law Commons^™

Flattening The Curve: Why Amending The International Health Regulations Is The Common-Sense Solution To Future Pandemics, Brittney Graff

BYU Law Review

The COVID-19 pandemic presented an unprecedented challenge for the World Health Organization (WHO) and international community. The outbreak and ongoing pandemic prompted States to reassess the efficacy of the International Health Regulations (IHR). In November 2021, the World Health Assembly (WHA) decided to develop a new agreement to increase international pandemic preparedness. This paper analyzes the current gaps in the IHR to present a pragmatic approach wherein the WHA would amend rather than replace the IHR. It starts by examining the purpose and history of the IHR, including past revisions. It then addresses the constitutional framework of the IHR, and …

Examining The Historical Evolution And Contemporary Significance Of Human Rights, Ailing Lu

Themis: Research Journal of Justice Studies and Forensic Science

This paper delves into the complex concept of human rights, examining its historical evolution and contemporary significance through the perspectives of Lynn Hunt's "Inventing Human Rights," Michelline R. Ishay's "The History of Human Rights," and Samuel Moyn's "The Last Utopia." Hunt's work explores the 18th-century Enlightenment, highlighting the political foundations of natural, equal, and universal rights. Ishay provides a comprehensive account spanning ancient civilizations to modern globalization, emphasizing the dynamic nature of human rights struggles. Moyn challenges conventional views, asserting the mid-20th century emergence of contemporary human rights amidst the Cold War and failed utopian visions. While each historian offers …

Preventing Conflict-Related Sexual Violence In Ethiopia: An Applied Approach Towards Prevention, Leah Yared

Master's Theses

The Ethiopia-Tigray civil war is one of the deadliest conflicts in recent world history and quickly drew international attention for the mass reports of sexual violence, war crimes, and ethnic cleansing by federal militants. Mass rapes and sexual violence were used along ethnic lines to devastate and displace communities in Ethiopia. Despite the signing of the peace agreement in November 2022 to cease hostilities, the sexual violence has not come to an end. The violence has consequently spread to the Afar, Amhara, and Oromia regions, neighboring Tigray. The sexual violence in Ethiopia was core to the armed conflict. Nonetheless, the …

Systemic Racism Transformed To Shalom Justice., Bobby West

Doctor of Ministry Projects and Theses

ABSTRACT

April 27, 2024

SYSTEMIC RACISM TRANSFORMED TO SHALOM JUSTICE

This study examines the pervasive culture of systemic racism in the church and non-church communities and its impact on America. It argues how culture and systemic racism impact marginalized people (particularly African Americans and brown people) through policies and systems related to money, employment, education, health care, etc. Providing a description or argument for systemic racism formation offers a historical context of changes to shalom justice (society race in the image of God), relational and unilateral power with, power to, power within transformation from injustice to Shalom justice. An exploration …

Dispossession Is Nine-Tenths Of The Law: Understanding How Property Law Is A Tool Of Dispossession Of Fundamental Human Rights, Kathryn Schulte

Immigration and Human Rights Law Review

The United States government’s systemic dispossession of Native peoples’ land and resources violates international law under the United Nations Declaration of Rights of Indigenous Peoples’ (UNDRIP). It is not a coincidence that the U.S. government has failed to adopt UNDRIP as binding domestic legislation, but a means to maintain the racist status quo upon which the country’s property laws were created. It is imperative that the United States legally recognizes the rights of Native People in order to provide justice for the millions wronged by the violence of settler colonialism. This article will begin with an introduction to the history …

Justice For Crimes Bigger Than Borders: The Product Of The Extradition Of Pinochet, Lauren Schwab

Immigration and Human Rights Law Review

Universal jurisdiction is a tool that allows States to prosecute perpetrators of heinous crimes, even when the crimes are seemingly unrelated to the prosecuting country. While the principles of universal jurisdiction are not a new concept, the frequency at which universal jurisdiction is used has rapidly increased. The explanation for this explosion in the use of universal jurisdiction is a direct product of the extradition of Chilean dictator Augusto Pinochet to Spain for war crimes and genocide. While Pinochet’s case ended long ago, the impact it left on the international legal community will live on for decades to come. This …

Advancing Human Rights Education In The United States: A Call For Action In The Public Education System, Shannon M. Conroy

Immigration and Human Rights Law Review

Human rights education is education about, through, and for human rights. In 2004, the United Nations General Assembly implemented the World Programme for Human Rights Education. The World Programme provides global coordination for human rights education and promotes a common understanding of human rights education. Over the last twenty years, the United States failed to implement either federal or state human rights education programs. This article examines the academic and international discussion about human rights education for students in the United States, and argues for the need for stronger human rights education in public primary, secondary, and higher education institutions …

Decriminalization Of Sex Work In The United States: Protecting The Right To Bodily Autonomy And Health, Taiylor Ryan

Immigration and Human Rights Law Review

Despite the legalization and reluctant acceptance of pornography and sites like OnlyFans, the United States continues to criminalize sex work. While the work that sex workers perform is similar to that of pornography or OnlyFans, sex workers are not afforded the same protections under the law. As a result of criminalization, sex workers are forced to work in unsafe conditions. Fear of facing criminal charges keeps sex workers from turning to the police when they need help or need to report a crime. Criminalization also adds to the stigma surrounding sex work, creating barriers that prevent sex workers from receiving …

Gender Pay Gap: Human Rights Violations Against Mexican Women Under The Cedaw And Udhr, Valerie M. Garcia

Immigration and Human Rights Law Review

The gender pay gap is an ongoing reality for women in Mexico, where domestic human rights commissions have reported it to be 76.5% as of 2023. As one of the Latin American countries with the highest gender pay gap, this paper analyzes the extent of government efforts to narrow the gap throughout different presidential administrations. Contemporaneously, the role of cultural machismo in Mexican society was examined to determine its impact on legal drafting and application for the benefit of women. The findings showed that cultural machismo and a passive government have impeded the closing of the gender pay gap and …

The Legality Of Liberation: Exploring The Right To Organized Armed Resistance Against The U.S. State By Afro-Descendants Under International Human Rights Law, Laura Molik

Northwestern Law Journal des Refusés

No abstract provided.

Brotherhood Or Bloodshed?: The Deprivation Of Human Rights Through Hazing Rituals, Emma Kalucki

Immigration and Human Rights Law Review

Hazing has claimed the lives of hundreds of victims and is inflicted upon thousands more each year. Governments worldwide have worked to create laws prohibiting hazing and punishing those who inflict abuse upon others. But they have not worked hard enough.This article explores the human rights violations normalized through the continued, widespread practice of hazing. It first dives into the history of hazing practices within the United States, Portugal, and Thailand, focusing on hazing occurring within universities and affiliated organizations. Next, through an examination of national and international laws, this article criticizes the lack of each respective government’s action to …

Emotion Regulation Strategies And Perceived Emotional Intelligence: The Effect Of Age., Iwanna Sepiadou

Adultspan Journal

The aim of this study was to investigate the relationship between perceived emotional intelligence and the reported use of cognitive reappraisal and expressive suppression. We also investigated the possible effects of age on the aforementioned variables. The total sample consisted of 379 people (158 men, 220 women, 1 unreported). Across participants, 273 were young (20-39 years old) and 106 were middle-aged (40-65 years old). We found statistically significant positive correlations between the dimensions of perceived emotional intelligence and the reported use of cognitive reappraisal and negative primarily correlations between the dimensions of perceived emotional intelligence and the reported use of …

Implementation Of The Cedaw In France And Indonesia: Challenges And Progress Towards A Unified Approach To Women's Rights, Louna Maret

Indonesian Journal of International Law

Almost fifty years after the adoption of the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and 189 ratifications, it is interesting to analyze the progress and challenges remaining regarding a unified approach to women’s rights. This paper will focus on Indonesia and France, two countries with different cultural backgrounds and approaches regarding human rights. The research methods are mostly based on lectures of legal journal articles, papers, and recent periodic reports of the Committee that ensure the implementation of the CEDAW. After recalling the historical context of women’s rights in both countries to highlight the …

Dead Bodies As Quasi-Persons, Ela A. Leshem

Vanderbilt Law Review

This Article argues that American law treats dead bodies as quasi-persons: entities with a moral status between things and persons. The concept of quasi-personhood builds on dead bodies’ familiar classification as quasi- property. Just as quasi-property implicates only a subset of the rights usually associated with property, quasi-personhood implicates only a subset of the moral interests often associated with moral personhood. Drawing on a broad historical analysis of state, territory, and federal law, I show that U.S. law conceives of dead bodies as holders of dignity interests, which it protects in a variety of ways. The law, for example, protects …

In Conversation About The U.S. Holocaust Memorial Museum’S New Mass Atrocity Prevention Training, Tatiana Varanko, Ann O’Rourke

Judicature International

No abstract provided.

Governance And Islam In East Africa: Muslims And The State In Kenya And Tanzania, Farouk Topan, Kai Kresse, Erin E. Stiles, Hassan Mwakimako

Exploring Muslim Contexts

Explores the relationship between Muslim communities and the State in East Africa in political, institutional and legal contexts

• Focuses on the relationship between Muslims and the State in Kenya and Tanzania
• Asks which factors, both within and outside the Muslim community, shape and affect this relationship in contemporary times
• Presents 13 case studies exploring governance issues within and across the categories of politics, institutions and law in Kenya and Tanzania
• Identifies cross-cutting issues of governance and Muslim communities which are relevant beyond East Africa

Recent studies of Muslims in Kenya and Tanzania have tended either to examine governance of Muslims …

More Than Troubling: The Alarming Absence Of ‘Troubled Teen Industry’ Regulation And Proposals For Reform, Morgan Rubino

Journal of Legislation

This Note will advocate for immediate and wide-reaching legislative action on juvenile residential treatment. Part I will provide a brief history of the origins of the Troubled Teen Industry ("TTI") and the most common types of facilities operating today. Part II will analyze some of the limited state legislation on the TTI, along with the Stop Institutional Child Abuse Act pending before Congress. Finally, Part III will lay out the most pressing injustices and abuses that arise out of the TTI and argue that an integrated framework of local and federal legislation, including the adoption of state bills of rights …

Climate Change And Human Health: A Synthesis Of Scientific Research And State Obligations Under International Law, Jessica A. Wentz

Sabin Center for Climate Change Law

This report synthesizes the latest scientific research on the human health effects of climate change and discusses the legal implications of this research, specifically with regards to State obligations under international law. In doing so, the report seeks to provide insights on issues to be analyzed by the International Court of Justice (ICJ) in its upcoming advisory opinion on the legal obligations of States with respect to climate change. It also seeks to enhance the capacity of judges, advocates, and governments to understand these issues in the context of current and future proceedings involving international law obligations related to climate …

The Politics Of Gender Affirming Healthcare: A New Battleground For Morality Policy?, Reaves Robinson

Political Science Undergraduate Honors Theses

Morality policy as a discipline saw its peak during the transformative years at the turn of the 21^st century; however, there has been very little scholarship to follow new social policy issues that have arisen in the past two decades. Anti-transgender policy, specifically, can be considered under the morality policy scope following years of LGBTQ+ scholarship that fell under the morality policy umbrella. In 2023 alone, more than 200 pieces of anti-transgender legislation were introduced in state legislatures across the nation. A trend among the increasingly popular policy realm can be seen from gender affirming healthcare bans, where almost …

The Consequences Of Homophobia: Analysis Of Discriminatory Medical And Legislative Policies And Their Influence On Health Disparities, Kaiden J. Fandel

Honors Thesis

Are there specific roots that influence the introduction and incorporation of discriminatory medical policies? What are the sources of such stigma, discrimination, and prejudice, in what forms does such discrimination take place, and what negative impacts does such hatred have on health outcomes, quality of care, and health disparities? Through a review of existing literature on this topic, intertwining the examination of the evolution of discriminatory policies and other explanatory literature in the United States, this thesis aims to answer the questions above, and explain the roots of such homophobic discrimination and its prevalence in the United States. Through the …

Parity In Higher Education In Prison Programs: Does It Exist?, Michael Lee Griggs, Vianey Luna

Electronic Theses, Projects, and Dissertations

The expansion of college-in-prison (CIP) programs, especially in California, where incarcerated college enrollment increased from 11,472 students to over 15,000 in two years, has spotlighted higher education for incarcerated individuals. This increase, supported by legislation that expands funding for CIP programs and allows time off sentences for successful course/degree completion, is further bolstered by the restoration of Federal Pell funding for incarcerated students after a 28-year ban. Despite the acknowledged benefits of CIP programs in reducing recidivism and enhancing post-release outcomes, existing research highlights the need for additional exploration into the quality of CIP programs. Senate Bill 416 further emphasizes …

Child Maltreatment Primary Prevention Methods In The U.S.: A Systematic Review Of Recent Studies, Maria Godoy-Murillo

Electronic Theses, Projects, and Dissertations

Background: Child maltreatment remains a widespread issue in the United States of America, (U.S.). Identifying effective methods of preventing child maltreatment is key to reducing the prevalence of this issue. Objective: This systematic review provides an overview of contemporary primary child maltreatment prevention methods in the U.S. to investigate their effectiveness. Methods: Using the OneSearch database, the following keywords were included: (“prevention methods” and “child maltreatment”), (“parental leave” and “child maltreatment”), (“primary prevention” and “child maltreatment”), (WIC and “child maltreatment”), (“home visit” and “child maltreatment”), (“child abuse and neglect” and “primary prevention”), (“affordable housing” and prevention and “child maltreatment”), (“early …

Pressured Exit, Jayesh Rathod

Scholarly Articles in Law Reviews & Journals

This Article upends the traditional framing of the United States as a migrant-receiving country by examining a growing category of emigrant outflows: U.S. citizens who have been compelled to depart permanently because of conditions of vulnerability. Eschewing use of the generic term "expatriate," this Article contends that these U.S. citizens are most accurately described as pressured migrants who have exited due to identity-based mistreatment, gaps in the social safety net, or concerns about deteriorating social and political conditions in the United States. By focusing on these departures, this Article aims to further theorize and provide a lexicon for a subtype …

Thai Drug Offenses And Narcotic Charges: Tracing Thailand’S Drug Control And Capital Punishment History, Jonathan Hasson, Carolyn Hoyle

Brooklyn Journal of International Law

The Article examines Thailand's political economy of drugs and use of sanctions, including capital punishment, using a historical approach. It traces Thailand's nation building and emergence as a global hub for illicit drugs against the backdrop of European and US interventions since the colonial era. The Article reveals how Western concepts and discourses were appropriated by Thai elites to advance local agendas while suppressing democratic movements. The Article explores how the drug trade became entangled with government corruption, militarization, and extrajudicial state violence which often targeted ethnic minorities. In light of recent cannabis policy changes, the Article considers the historical …

American Handling Of Holocaust Property Takings: What We Can Learn From International Policies, Matthew Franks

Brooklyn Journal of International Law

The Supreme Court decision in Federal Republic of Germany v. Philipp and US enforcement of the Foreign Sovereign Immunities Act have made it extremely difficult for Holocaust survivors and their families to recover lost and stolen property from during the World War II era. Other countries, such as the United Kingdom, France, and Germany, have had great success in this arena through various methods. This Note explores the ways in which US jurisprudence continues to make recovery inaccessible, while highlighting the specific processes these few European countries have created to foster recovery. Finally, this Note argues that the US must …

Amending The Foreign Sovereign Immunity Act To Promote Accountability For Violations Of Peremptory Norms Of International Law, Joshua Newman

Brooklyn Journal of International Law

The current state of the United States legal system, and international law at large, fails to afford victims of violations of international law with proper redress, when those violations were facilitated by a domestic taking. The Foreign Sovereign Immunity Act provides foreign sovereigns immunity from the jurisdiction of United States courts when those foreign sovereigns effectuate of a violation of international law through domestic takings. Courts have attempted to circumvent the restrictions of the Foreign Sovereign Immunity Act with exceptions such as the genocide exception. Unfortunately, the Supreme Court’s recent decision in Federal Republic of Germany v Philipp renounced the …

Closing Down Access To Asylum: The Illegal Migration Act’S Incompatibility With International Refugee Law, Alexandra Mallory

Brooklyn Journal of International Law

In 2023, the United Kingdom enacted the Illegal Migration Act, implemented to deter individuals from seeking asylum in the United Kingdom. The Illegal Migration Act places a duty on the Secretary of State is to remove all persons who meet certain criteria regardless of whether they make a protection, human rights, slavery, or human trafficking claims. The Act provides a list of countries — Schedule 1 — which it declares to be safe and thus, obliges the Secretary to remove such nationals to their country of origin without consideration of their claim on the merits. This procedural mechanism increases the …

Break Their Lineage, Break Their Roots: Investigating The Chinese Government’S Relationship With The Uyghur Population To Determine The Potential For Terrorism And Genocide, Anya Veinberg

Helm's School of Government Conference - 2021-2024

History is wrought with war, crime, and persecution. After nearly every conflict, world leaders vow to never let something similar happen again. Yet, history seems to repeat itself, and so do its conflicts. The Holocaust claimed the lives of millions of Jews and seemed to set a precedent of a modern threshold of evil. How many people would argue that an event strikingly similar to the Holocaust is happening right now in China?

The Chinese government is currently committing acts of violence and faith and race-based discrimination against the Uyghur population.

This work analyzes the interaction between the Chinese government …

“Home Court Advantage: Comparing International Criminal Tribunals To Domestically-Grown Reconciliation”, Elise Treon

Honors Thesis

Scholars have studied wars and their causes for centuries, but what happens when the tanks roll out and the guns stop firing? The concept of reconciliation is a relatively new field of study in international relations, and the scholarship of specific transitional justice mechanisms remains underdeveloped. I comparatively analyze the differences between external and internal peacebuilding strategies – specifically the effectiveness of international tribunals in establishing long term deep reconciliation. In defining internal and external transitional justice mechanisms, I differentiate between a reconciliation process that prioritizes rebuilding citizens’ lives over one that prioritizes the desires of the international community. It …

With Pride: Lgbtq+ Rights & Advocacy In Legal Education Summit, Center For Civil & Human Rights, School Of Law, Gonzaga University

Gonzaga School of Law With Pride Summit

Event program for the 2024 With Pride Summit held by the Center for Civil & Human Rights at Gonzaga Law.

The program includes the summit schedule and bios for panelists and moderators, including the keynote speaker, Kellye Testy. Featured speakers include:

• Luke Boso
• Stewart Chang
• Ashlyn Hannus
• Sarah Harmon
• Heather L. Johnson
• Courtney Joslin
• Sheldon Lyke
• Dallas Martinez
• Ikál Nico Quintana
• Brad Sears
• Sarah Steadman
• Kyle Velte
• Danaya C. Wright
• Mary Yu