Human Rights Law Commons^™

Civil Society And Regional Human Rights Development In Asia: Lessons From The Asian Human Rights Court Simulation, Mark L. Shope, Wen-Chen Chang

Indiana Journal of Global Legal Studies

In 2019, the historic first hearing of the Asian Human Rights Court Simulation (AHRCS and its "Court') took place in Taipei, Taiwan. The Court heard the case of Chiou Ho-shun v. ROC (Taiwan). The judges of the AHRCS consisted of experts in international human rights law; and observers from the media, scholars, government officials, and national and international human rights defenders were in attendance. Along with the hearings, the event included workshops on international human rights topics and a civil society dialogue. This article discusses issues surrounding the development, ecosystem, and future of the Court. The article first discusses the …

Access To Medicine In Developing Countries: Elevating State Obligations Over Corporate Profit, Hakeem O. Yusuf, Kamil Omoteso

Indiana Journal of Global Legal Studies

This paper investigates the divergence between the objectives of the state in ensuring citizens' right to health and the profit-maximization objective of pharmaceutical corporations in relation to, access to, and supply of medicine. This divergence is pertinent given both the rising cost of medicines and unmet needs, particularly in developing countries. This paper analyses the correlation between pharmaceutical corporations' profit drive and the state's welfare obligation. There is a need to bridge the gap between business and human rights, which can be achieved by combining the concepts of "business ethical responsibility" and corporations' contributions to "common good" with the jurisprudence …

International Environmental Law At Its Semicentennial: The Stockholm Legacy, Melissa J. Durkee

Scholarly Works

The 1972 United Nations Conference on the Human Environment produced the Stockholm Declaration, an environmental manifesto that forcefully declared a human right to environmental health and birthed the field of modern international environmental law. The historic event powerfully “dramatized . . . the unity and fragility of the biosphere,” sparking a remarkable period of international legal innovation and cooperation on environmental protection in the decades to come.

The Stockholm Declaration can be rightly celebrated for putting environmental issues on the international legal agenda and driving the development of environmental law at the domestic level around the world. At the same …

“Labor For Love, Labor To Heal:” Human Rights Activism As A Politics Of Refusal, Angela E. Fillingim

Societies Without Borders

The literature on social movements centers demands made on the state and theorizes collective action as rooted in specific times and the nation-state. I ague that this literature is analogous to “the veil,” a concept developed by W.E.B. Du Bois. Indigenous theorizations of a “politics of refusal” provides us with a foundation see beyond the veil. This paper brings together “Du Boisian Sociology,” Latina Feminisms, and indigenous theories of collective action to develop a robust theorization of human rights activism, and social movements more broadly. This paper asks: What can we gain from analyzing movements from beyond the veil by …

The State, The Udhr, And The Social Construction Of Family In Human Rights: The Case Of The Scarborough 11, Abbey S. Willis, Mary C. Burke, Davita Silfen Glasberg

Societies Without Borders

The Universal Declaration of Human Rights (UDHR) (UN 1947:34) declares in Article 16(3) that “the family is the natural and fundamental group unit of society and is entitled to the full protection by society and the state.” However, the UDHR does not define family, but rather presumes it is defined by traditional heteronormative marriage in a nuclear family. The failure of the UDHR to consider a more expansive view of family leaves the definition of family centrally in the hands of the state, and affects the ability of all but traditional nuclear family forms to access other human rights. We …

Platforms, Encryption, And The Cfaa: The Case Of Whatsapp V Nso Group, Jonathon Penney, Bruce Schneier

Articles, Book Chapters, & Popular Press

End-to-end encryption technology has gone mainstream. But this wider use has led hackers, cybercriminals, foreign governments, and other threat actors to employ creative and novel attacks to compromise or workaround these protections, raising important questions as to how the Computer Fraud and Abuse Act (CFAA), the primary federal anti-hacking statute, is best applied to these new encryption implementations. Now, after the Supreme Court recently narrowed the CFAA’s scope in Van Buren and suggested it favors a code-based approach to liability under the statute, understanding how best to theorize sophisticated code-based access barriers like end-to-end encryption, and their circumvention, is now …

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

Abortion Rights Beyond The Medico-Legal Paradigm, Mariana Prandini Assis, Joanna Erdman

Articles, Book Chapters, & Popular Press

Abortion rights in international law have historically been framed within a medico-legal paradigm, the belief that regulated systems of legal and medical control guarantee safe abortion. However, a growing worldwide practice of self-managed abortion (SMA) supported by feminist activism challenges key precepts of this paradigm. SMA activism has shown that more than medical service delivery matters to safe abortion and has called into question the legal regulation of abortion beyond criminal prohibitions. This article explores how abortion rights have begun to depart from the medico-legal paradigm and to support the novel norms and practices of SMA activism in a transformation …

Human Rights At The Ocean-Climate Nexus: Opening Doors For The Participation Of Indigenous Peoples, Children And Youth, And Gender Diversity, Unwana Udo, Tahnee Prior, Sara L. Seck

Articles, Book Chapters, & Popular Press

No abstract provided.

The Enduring Role Of Conflict In The Perpetuation Of Famine: Advancing 'The Right To Adequate Food' For Sustainable Peace, Robert M. Bane

Dissertations and Theses

The present thesis evaluates developments and trends in global conflict dynamics, global systems of governance, and global hunger. Together, the thesis investigates and upholds the notion that famine is a ‘man-made’ phenomenon and explains how famine persists in a world abundant with food. Through analysis and research the following is found: the occurrence of global conflict is accelerating alongside an increase in the severity of organized violence dynamics; global authoritarianism is expanding presenting a threat to global freedoms and liberal democracy; as these trends are occurring, world hunger is steadily on the rise reflecting a significant backsliding of progress achieved …

Human Rights, Constitutional Rights, And Judicial Review: Comparing And Assessing Michael Perry's Early And Contemporary Arguments, Daniel O. Conkle

Articles by Maurer Faculty

In this Essay, I explore, compare, and evaluate two theoretical models of judicial review in individual rights cases, each proposed by Professor Michael J. Perry, albeit in books separated by three and a half decades. In his 1982 book, The Constitution, the Courts, and Human Rights: An Inquiry into the Legitimacy of Constitutional Policymaking by the Judiciary, Early Perry embraced an aggressive form of judicial activism, urging the Supreme Court to test political judgments through an open-ended search for political-moral truth. Contemporary Perry, by contrast, takes a very different approach. In his 2017 book, A Global Political Morality: Human Rights, …

“‘Made In China’ . . . Is A Warning Label”: Is America Doing Enough?, Devin Kathleen Epp

Seattle University Law Review

This Note explores China’s repressive actions against the Uyghur population and calls upon the U.S. to address these human rights violations. Part I discusses the background and human rights violations in Xinjiang, also known as the Xinjiang Uyghur Autonomous Region (XUAR). Part II addresses U.S. economic regulations and sanctions imposed against actors involved in Xinjiang’s forced labor industry. Part III analyzes previous U.S. strategies and sanction regimes implemented to combat human rights violations in other countries. This Note recommends that the U.S. implement a more robust multilateral framework to combat the Xinjiang cultural genocide and impose secondary sanctions against China …

Imf's Loan Conditionality: Negative Consequences In The Borrower Country And The Burden Of Responsibility, Sara Mohamed Osama Abdalla Atta

Theses and Dissertations

People often think that IFIs, such as the World Bank and the International Monetary Fund are prominent players in the global economy by providing funds to countries in need of development and sustainment of welfare, unfortunately these institutions can cause devastating effects in the borrower country. The harsh conditionality of the IMF plays a huge role in the negative economic consequences incumbent upon the borrower country. Meanwhile, the lack of legal remedies for private individuals suffering from the conditionality aggravates the consequences for these people. On the one hand, conditionality may strain the economy of the borrower country which leads …

Understanding And Promoting The Human Rights Of Autistic People, Keri E. Iyall Smith Phd

Societies Without Borders

Rates of autism diagnosis are on the rise and autistic people are entering the public sphere in new ways, represented in theater, on television, as international experts, and more. Yet, do autistic people experience their full human rights? Experts argue that autistic people suffer discrimination and violations of their human rights, noting that more must be done to ensure the full entitlement of human rights for autistic people (Autism Society ND, Baron-Cohen 2017 and Sarrett 2012). To better understand and promote the human rights of autistic people, this paper applies theories of disability to autism, looking at the biomedical model, …

Addressing Climate Change: Comparing The Paris Agreement To The Addition Of Ecocide To The Rome Statute, Regan K. Robinson

Bridges: An Undergraduate Journal of Contemporary Connections

This paper argues that ecocide is the most effective way to address climate change. Through comparing ecocide to the Paris Agreement, this paper concludes ecocide has the potential to better ensure that States commit to reducing environmental harm. It is concluded that ecocide is the most effective way to address climate change as ecocide holds more polluters accountable, utilizes a more effective pre-emptive approach, contains stronger legal consequences and employs a narrative that emphasizes the protection of human rights. As climate change continues to exacerbate, this paper provides valuable insight on how we can better address climate change at an …

Polish Road Toward An Illiberal State: Methods And Resistance, Adam Bodnar

Indiana Law Journal

Since 2015, Poland has experienced a backsliding in democratic and rule of law standards. The ruling party, “Law and Justice,” has adopted a series of legislative changes affecting the independence of courts and checks and balances mechanisms. Some reforms were copied from Hungary, which, as the first Member State of the European Union, started the way toward illiberal democracy in contemporary Europe. Despite pressure from international organizations, the process of changes in Poland did not stop. However, it is important to look at methods implemented to dismantling democracy, as they can be used in other countries. This paper also analyzes …

Shelter From The Storm: Human Rights Protections For Single-Mother Families In The Time Of Covid-19, Theresa Glennon, Alexis Fennell, Kaylin Hawkins, Madison Mcnulty

William & Mary Journal of Race, Gender, and Social Justice

COVID-19’s arrival, and the changes it has unleashed, reveal how longstanding legal and policy decisions produced structural inequalities that have left so many families, and especially single-parent families with children, all too insecure. The fragility of single-mother families is amplified by the multifaceted discrimination they face. While all single parents, including single fathers and other single relatives who are raising children, share many of these burdens, this Article focuses on the challenges confronting single mothers.

Federal policy choices stand in sharp contrast to the political rhetoric of government support for families. Social and economic policy in the twentieth century developed …

International Solidarity, Human Rights And Life On The African Continent ‘After’ The Pandemic, Obiora C. Okafor

Articles & Book Chapters

The COVID-19 pandemic has left a massive amount of disease, death, fear and despair in its stride, and will continue to seriously trouble the world even in its wake. To be sure, Africa has not been spared any of these maladies. In the result, the pandemic has posed a formidable threat to the enjoyment of human rights around the world. More specifically, as is widely recognised, the pandemic (and many of the measures taken to end it) have seriously threatened or harmed the enjoyment by billions of people across the world, the continent included, of the human rights to health, …

Accelerating The Gains Of The Free Maternity Care In Kenya's Urban Informal Settlements, Juliet K. Nyamao

William & Mary Journal of Race, Gender, and Social Justice

The 2010 Constitution of Kenya recognizes the special group of women living in urban informal settlements, and provides for their access to the highest attainable standards of health care, including reproductive health care. The Health Act, which was enacted in 2017, recognizes the significant challenges of accessing maternal health services among the poorest populations. Pursuant to the resolutions of the African Union, the Health Act abolished user fees for pregnant women. The Health Act instructs the county and national governments to expand free maternity care and childhood immunizations through funding. Despite Kenya’s commitment to increase the national budget for health …

Penghasilan Tidak Kena Pajak (Ptkp) Sebagai Bentuk Perlindungan Hak Ekonomi Dalam Perspektif Hak Asasi Manusia, Auditya Firza Saputra

Jurnal Hukum & Pembangunan

As a ratifying State to the International Covenant on Economic, Social and Cultural Rights (Ecosoc), the Government of Republic of Indonesia has legal obligation to implement steps of realization in effective and measurable manner in fulfilling, promoting, and protecting the economic, social and cultural rights of all its citizens. The issue is, to fulfil such obligation the State will require high amount of cost. The State is being sourced by the taxation policy. From many taxation policies, Income Tax become one of the most preffered segment. Unfortunately, the Income Tax policy, in practice, hardly optimizing due to many social economic …

Kekuasaan Pengawasan Ombudsman Republik Indonesia Dalam Memastikan Hak Setiap Orang Bebas Dari Penyiksaan Dan Perbuatan Merendahkan Derajat Manusia, Gatot Goei

"Dharmasisya” Jurnal Program Magister Hukum FHUI

The establishment of Ombudsman had been officially established on 2000, based on presidential decree number 44/2000 of Ombudsman Commission of Republic Indonesia. It was later strengthened by Law Number 37/2008 of Ombudsman Republic Indonesia. As one of State Auxiliary Body, Ombudsman exercises one of Legislative's powers, which is supervision function. Its feature adhered is to ensure the state administrators to practice their duty in giving public services. Ombudsman also partakes in guaranteeing the fulfillment of community rights by service provider, basedon enforced law, without discrimination and in line with the public services law. Ombudsman RI participates in protecting people from …

Human Rights In Religions A Comparative Study Between Islam, Hinduism, And Magian Religion, Hamdi A. Al Sharqawi

UAEU Law Journal

Human Rights are an essential part of the cultural patterns of Human Societies. The issue has a dialectical relationship with social behaviors and political practices that expresses itself in ideas and thoughts, which imposes itself on politicians and political thinkers especially in Western Civilization as we see it in Medieval and contemporary history of the West. Today it has become the issue that engages the arena of our Contemporary Politics and Thought. It is not suprising to see our thinkers and political leaders engaged in discussing it in all its dimensions.

Since Religion is an important constituent of human culture …

Relieved Of All Punishment By Human Hands: The Status Of International Criminal Convictions, Dorothy M. Canevari

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Family In The Balance: Barton V. Barr And The Systematic Violation Of The Right To Family Life In U.S. Immigration Enforcement, David Baluarte

William & Mary Journal of Race, Gender, and Social Justice

The United States systematically violates the international human right to family life in its system of removal of noncitizens. Cancellation of removal provides a means for noncitizens to challenge their removal based on family ties in the United States, but Congress has placed draconian limits on the discretion of immigration courts to cancel removal where noncitizens have committed certain crimes. The recently issued U.S. Supreme Court decision in Barton v. Barr illustrates the troubling trend of affording less discretion for immigration courts to balance family life in removal decisions that involve underlying criminal conduct. At issue was the “stop-time rule” …

The European Convention For The Prevention Of Torture And Inhuman Or Degrading Treatment Or Punishment: Genesis Of An Exemplary Model Of International Control On Human Rights, Giovanni Distefano

UAEU Law Journal

The 26 June 1987, the Committee of Ministers of the Council of Europe adopted the “European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment”, which entered eventually into force two years later. Being closely intertwined with the European Convention of Human Rights (1950), the Torture Convention establishes a parallel monitoring system ensuring the respect of the subjective rights contained therein. In addition to the 1950 Convention, it introduces an absolutely novel mechanism aimed to address in a preventive and effective way the needs related to the protection of human dignity and other core human rights …

The Concept Of Torture And Other Forms Of Cruel, Inhuman Or Degrading Treatment: Study On The Jurisprudence Of International Oversight Mechanisms On Human Rights, Mohammed Khalil Al Mousa

UAEU Law Journal

Established principles of customary international law of human rights include prohibition of torture and other cruel, inhuman or degrading treatment. International Human Rights conventions and regional legislations recognize this principle. But the vast majority of these texts have not been exposed to the concept of torture and therefore cannot distinguish it from other prohibited forms of ill-treatment, with the exception of the United Nations Convention against Torture and other cruel, inhuman or degrading treatment and regional conventions limited to defining torture, there is no other definition in the human rights conventions that addresses this concept.

It is noteworthy to add …

Who Says Human Rights Are Not Respected? A Cross-National Comparison Of Objective And Subjective Ratings, Rob Clark

Societies Without Borders

Country ratings of human rights conditions are now quite popular in macro comparative analysis. However, little is known as to whether (or to what extent) these scores correspond with mass sentiment in each country. Do “objective” ratings from the Political Terror Scale (PTS) and the Cingranelli-Richards index (CIRI) correspond with “subjective” ratings issued by the public? In this study, I answer this question, drawing from the most recent wave of the World Values Survey (2010 – 2014), in which respondents from 59 countries are asked to assess the level of respect for individual human rights in their country. The findings …

Environmental Protection And Human Rights In The Pandemic, Sarah C. Slinger, Maria Antonia Tigre, Natalia Urzola

Faculty Publications

The Covid-19 outbreak in 2020 took the world by surprise. The virus spread quickly around the globe and death tolls were constantly on the rise at early stages of the pandemic. Although vaccine rollouts have helped halt the number of deaths, inequality in accessing vaccines and effective treatments is still a major issue. From the onset, Covid-19 negatively impacted global well-being and myriad human rights. The present report examines how environmental protection and related human rights have been affected by the Covid-19 pandemic. Based on link between environmental and human health, this report focuses on ecological human rights. The report …

The Role Of Lawyers In Bridging The Gap Between The Robust Federal Rights To Education And Relatively Low Education Outcomes In Guatemala, Maryam Ahranjani

Faculty Scholarship

Relative to other countries in the world and in Central America, the Guatemalan Constitution and the federal education law include a robust and detailed right to education. However, literacy rates and secondary educational attainment, particularly for Indigenous people and young women living in rural communities, remain low. The COVID-19 pandemic has only exacerbated disparities. Once children return to schools after the pandemic, the gaps will be even larger. Lawyers can play a critical role in making the strong Constitutional right to education more meaningful.

U.S. "Asylum Cooperative Agreements" With Central American Countries Are Unlawful, Maria Alejanda Torres

Human Rights Brief

No abstract provided.