Human Rights Law Commons^™

Arbitrary Arrest And Detention Of Human Rights Defenders In Iran: Subduing The Voices Demanding Rights, Sachchi Karki

Human Rights & Human Welfare

Arbitrary arrest and detention, oftentimes used to curtail the freedom of opinion and expression, as well as the right to association and peaceful assembly, has continued to characterize Iranian regimes since the 1979 Islamic Revolution. Such arrest and detention of human rights defenders (HRD)–who individually or with others act to protect and promote human rights—has demonstrated the repressive nature of the Iranian regime. Human rights lawyers, civil society representatives, journalists, and women’s rights movements and trade union activists are among the most commonly targeted HRD.

Curtis Fogel On Dying Inside: The Hiv/Aids Ward At Limestone Prison. By Benjamin Fleury-Steiner & Carla Crowder. Ann Arbor, Mi: University Of Michigan Press, 2008. 238pp., Curtis Fogel

Human Rights & Human Welfare

A review of:

Dying Inside: The HIV/AIDS Ward at Limestone Prison. By Benjamin Fleury-Steiner & Carla Crowder. Ann Arbor, MI: University of Michigan Press, 2008. 238pp.

Steve C. Ropp On Human Rights In Latin America: A Politics Of Terror And Hope. By Sonia Cardenas. Philadelphia, Pa: University Of Pennsylvania Press, 2010. 256pp., Steve C. Ropp

Human Rights & Human Welfare

A review of:

Human Rights in Latin America: A Politics of Terror and Hope. By Sonia Cardenas. Philadelphia, PA: University of Pennsylvania Press, 2010. 256pp.

Barb Rieffer-Flanagan On Muslims In Global Politics: Identities, Interests, And Human Rights. By Mahmood Monshipouri. Philadelphia: University Of Pennsylvania Press, 2009. 325pp., Barb Rieffer-Flanagan

Human Rights & Human Welfare

A review of:

Muslims in Global Politics: Identities, Interests, and Human Rights. By Mahmood Monshipouri. Philadelphia: University of Pennsylvania Press, 2009. 325pp.

“Revolution By Eradication:” On The Khmer Rouge’S Making Of The Tragedy Of Cambodia, Matthew S. Weinert

Human Rights & Human Welfare

A review of:

The Killing of Cambodia: Geography, Genocide and the Unmaking of Space . By James A. Tyner. Aldershot, England: Ashgate Publishing, 2008. 209pp.

Introduction: Human Rights In The Middle East And North Africa (Mena), Raslan Ibrahim

Human Rights & Human Welfare

The wave of revolutions and popular uprisings across the Middle East and North Africa (MENA) at the dawn of 2011 highlights the inescapable relevance and impact of human rights on the region’s politics and security. The Arab regimes’ violations of human rights and lack of respect to the human dignity of their citizens are in fact the seeds of the Jasmine revolution in Tunisia, the rebellion of the Egyptian people against Mubarak regime, as well as the ongoing uprisings across the rest of MENA. The women and men who are protesting in the streets of Egypt, Bahrain, Libya, Syria, Yemen, …

The Abuse Of Child Domestic Workers: Petites Bonnes In Morocco, Joanna Miller

Human Rights & Human Welfare

The International Labor Organization (ILO) classifies child domestic labor as a “worst form of child labor” for a very good reason. Driven by dire poverty and lack of access to education, children are sent away from their homes, often moving to large and unfamiliar cities to work for wealthier families. Morocco has one of the worst child domestic labor problems in Northern Africa with an ILO estimated 66,000-88,000 children between the ages of 7 and 15, 70% of whom are under age 12, working in Morocco today (Rinehart 2007). Many of these child laborers are young girls working as maids, …

The Object Of Torture Is Torture: Extraordinary Renditions To Jordan And Human Rights In The War On Terror, Kat Mitchell

Human Rights & Human Welfare

Hassan Saleh bin Attash, a Yemeni national, was just seventeen at the time of his September 2002 arrest in Pakistan. The young man spent four days in a Karachi prison before being taken to a United States-run prison in Kabul, where he was held and allegedly tortured through the middle of September. He was then rendered to Jordan.

Persecution Of Coptic Christians In Modern Egypt, Alla Rubinstein

Human Rights & Human Welfare

The Christian community of Egypt dates back to the seventeenth century and comprises 12 per cent of the population today. As one of the oldest churches of the world, the Coptic Christian Church, first formed in Alexandria, has stood resilient and faithful to its traditions against intolerance, siege and persecutions. Having been present in most institutions of the state among the overwhelmingly Sunni-Muslim population, Copts are not new to the slow process of Islamization that Egypt has been undergoing for the last twenty years. What has been unique to the recent Coptic experience is the forced integration of Shari’a law …

Dying For Love: Homosexuality In The Middle East, Heather Simmons

Human Rights & Human Welfare

Today in the United States, the most frequent references to the Middle East are concerned with the War on Terrorism. However, there is another, hidden battle being waged: the war for human rights on the basis of sexuality. Homosexuality is a crime in many of the Middle Eastern states and is punishable by death in Sudan, Saudi Arabia, Yemen, Qatar, Kuwait, and Iran (Ungar 2002). Chronic abuses and horrific incidences such as the 2009 systematic murders of hundreds of “gay” men in Iraq are seldom reported in the international media. Speculation as to why this population is hidden includes the …

Bedouin Women In The Naqab, Israel: Ongoing Transformation, Marcy M. Wells

Human Rights & Human Welfare

Since its inception in 1948, the state of Israel has based development plans on an agenda of nation-building that has systematically excluded Palestinian Arab citizens such as the indigenous Bedouin. Policies of relocation, resettlement, and restructuring have been imposed on the Bedouin, forcing them from their ancestral lands and lifestyle in the Naqab (or Negev, as it is called in Hebrew) desert of southern Israel. The rapid and involuntary transition from self-sufficient, semi-nomadic, pastoral life to sedentarization and modernization has resulted in dependency on a state that treats the Bedouin as minority outsiders through unjust social, political, and economic structures. …

Finding A Voice: Using The Internet For Free Speech And Expression In Iran, Chelsea Zimmerman

Human Rights & Human Welfare

In July 2009, many Iranians took to the streets to protest the results of the presidential election in which Mahmoud Ahmadinejad won with a reported 62% of the vote. The protests, stemming from allegations of electoral fraud, quickly exposed the government's limited tolerance for dissent. In addition to street demonstrations, protestors utilized social networking websites to express their opposition to the election results. The world, following Internet feeds, witnessed the restrictive mechanisms Iran’s government placed on expression and speech. People throughout the world admonished Iran for the government's interference with cell phone and Internet networks. Iran’s free speech and expression …

Human Rights Education In Peace-Building: A Look At Where The Practice Has Come From, And Where It Needs To Head, Tracey Holland

Human Rights & Human Welfare

The world’s peace-building and development organizations increasingly are incorporating human-rights frameworks into the myriad of activities now under their purview. Slower to develop, however, are the capacity-building programs designed to impart knowledge about human rights to citizens and communities. Field-workers throughout the world indicate that the lack of such guidance-giving education hinders them when it comes to monitoring activities, helping to rebuild public institutions, setting up and organizing electoral politics, building an unfettered media, protecting human security, setting up transitional justice mechanisms, and the myriad of other peace-building activities and democratization challenges they face in post-conflict situations. This paper not …

Beyond The Brink: Somalia’S Health Crisis, Bryson Brown

Human Rights & Human Welfare

Somalia is approaching a daunting anniversary: in 2011, the country will begin its twentieth consecutive year without an effective centralized government. The fall of the Soviet supported Siad Barre government in 1991 created a power vacuum that was filled by warlords, clans and, most recently, Islamists. Fourteen interim governments have failed to supplant those forces. Health infrastructure and the general health of the population have been devastated as a result. Precious few organizations are still providing health-related services. Unfortunately, recent events suggest that this crisis is going to get worse before it gets better.

On Visibly Dangerous Silliness, Anthony Chase

Human Rights & Human Welfare

“Silly” is what Ramadan calls the Swiss minaret referendum. He urges, in response to its passage, that Swiss Muslims be more rather than less visible. Each point is worth reflection. How and why does silliness transform itself into danger? And how and why is visibility the correct response to such danger—even if it leads in directions Ramadan may not suspect?

Reimagining Human Rights Law: Toward Global Regulation Of Transnational Corporations, Rachel J. Anderson

Scholarly Works

This article takes a new look at a perennial question of human rights: how to prevent corporate-related human rights abuses and provide remedies for victims. It argues that transnational corporations require specialized and targeted regulations and laws, and that the conflation of human rights law and international human rights law should be reversed to allow the advancement of other forms of human rights law. It makes two proposals. First, reimagine human rights law and international human rights law as separate categories. Specifically, classify international human rights law as a sub-category of human rights law. This distinction highlights the need to …

A Closer Look At Law: Human Rights As Multi-Level Sites Of Struggles Over Multi-Dimensional Equality, Susanne Baer

Articles

In many societies, deep conflicts arise around religious matters, and around equality. Often, religious collectives demand the right to self-determination of issues considered - by them - to be their own, and these demands collide with individual rights to, again, religious freedom. These are thus conflicts of religion v. religion. Then, collective religious freedom tends to become an obligation for all those who are defined as belonging to the collective, which carries the problem that mostly elites define its meaning and they silence dissent. Usually, such obligations are also unequal relating to gender, with different regimes for women and for …

Human Rights Abuses In 1970s Argentina, Vanessa Gomez

Calvert Undergraduate Research Awards

In this paper I address various components to the human rights abuses in Argentina in the 1970s. The domestic political situation is analyzed with particular attention paid to the political culture and the history of the regime. Media outlets and interviews by victims are used to facilitate first-hand accounts of the regime. The international arena and the efforts of human rights groups are mentioned as a means to demonstrate the international implications of the regime. I wrote this paper to further my knowledge on human rights abuses and further the knowledge of all who read my attempt. This essay marks …

Sources, Christine Chinkin

Book Chapters

This chapter outlines the sources of international human rights law that are listed in Article 38(1) Statute of the International Court of Justice: treaties, custom, general principles of law, and, as subsidiary sources, judicial decisions and the writings of jurists. The chapter also considers how so-called 'soft law' instruments such as resolutions of the UN General Assembly and the work of human rights expert bodies may also be regarded as sources of human rights law.

Human Rights For Hedgehogs?: Global Value Pluralism, International Law, And Some Reservations Of The Fox, Robert D. Sloane

Faculty Scholarship

This essay, a contribution to the Boston University Law Review’s symposium on Ronald Dworkin’s forthcoming book, Justice for Hedgehogs, critiques the manuscript’s account of international human rights on five grounds. First, it is vague: it fails to offer much if any guidance relative to many of the most difficult concrete issues that arise in the field of international human rights law and policy - precisely the circumstances in which international lawyers might benefit from the guidance that moral foundations supposedly promise. It is also troubling, and puzzling given Dworkin’s well-known commitment to the right-answer thesis, that his account of human …

The Road To Rights: Establishing A Domestic Human Rights Institution In The United States, Leadership Conference Education Fund, Human Rights Institute

Human Rights Institute

While human rights are often discussed as international standards, they are realized first and foremost at home. Respect for human rights is a domestic endeavor — the promotion, protection and fulfillment of these rights falls to national and local governments, not to international bodies. Because the front line of human rights is domestic, full realization of these rights requires coordination and dialogue between civil society, national policy-making bodies and local institutions.

U.S. human rights advocates have continually emphasized that “human rights begin at home,” and it is only when the full spectrum of rights are recognized and protected in local …

State And Local Human Rights Agencies: Recommendations For Advancing Opportunity And Equality Through An International Human Rights Framework, Human Rights Institute, International Association Of Official Human Rights Agencies (Iaohra)

Human Rights Institute

State and local human rights agencies can play a critical role in promoting and protecting human rights close to home. State and local human rights and human relations commissions already operate every day to prevent and eliminate discrimination. These institutions have multiple functions that include enforcing anti-discrimination laws, engaging in community education and training and advocacy. Central to their mission is encouraging and facilitating institutional change to eradicate discrimination and promote equal opportunity. Thus, advancing human rights protections intersects with and, in fact, supports the work of state and local human rights and human relations commissions to encourage and ensure …

The United States And Human Rights Treaties: Race Relations, The Cold War, And Constitutionalism, Curtis A. Bradley

Faculty Scholarship

The United States prides itself on being a champion of human rights and pressures other countries to improve their human rights practices, and yet appears less willing than other nations to embrace international human rights treaties. Many commentators attribute this phenomenon to the particular historical context that existed in the late 1940s and early 1950s when human rights treaties were first being developed. These commentators especially emphasize the race relations of the time, noting that some conservatives resisted the developing human rights regime because they saw it as an effort by the federal government to extend its authority to address …

Foreign Sovereign Immunity And Domestic Officer Suits, Curtis A. Bradley, Jack L. Goldsmith

Faculty Scholarship

Under international law, official-capacity suits brought against a foreign state’s officers are treated as suits against the state itself and thus as subject to the state’s immunity, even in suits alleging human rights abuses. This immunity regime differs from the immunity regime that applies in the United States in suits brought against state and federal officials for violations of federal law. Despite the federal government’s sovereign immunity and the immunity of state governments under Eleventh Amendment jurisprudence, courts often allow suits against federal and state officers for their official actions. This essay attempts to explain why the immunity rules differ …

Human Rights And Intellectual Property: Mapping The Global Interface, Laurence R. Helfer, Graeme W. Austin

Faculty Scholarship

Human Rights and Intellectual Property: Mapping the Global Interface explores the intersections between intellectual property and human rights law and policy. The relationship between these two fields has captured the attention of governments, policymakers, and activist communities in a diverse array of international and domestic political and judicial venues. These actors often raise human rights arguments as counterweights to the expansion of intellectual property in areas including freedom of expression, public health, education, privacy, agriculture, and the rights of indigenous peoples. At the same time, the creators and owners of intellectual property are asserting a human rights justification for the …

A Behavioral Approach To Human Rights, Andrew K. Woods

Law Faculty Scholarly Articles

For the last sixty years, scholars and practitioners of international human rights have paid insufficient attention to the ground level social contexts in which human rights norms are imbued with or deprived of social meaning. During the same time period, social science insights have shown that social conditions can have a significant impact on human behavior. This Article is the first to investigate the far-ranging implications of behavioralism—especially behavioral insights about social influence—for the international human rights regime. It explores design implications for three broad components of the regime: the content, adjudication, and implementation of human rights. In addition, the …

Give Me Your Tired, Your Poor…And Your Convicted? Teaching “Justice” To Law Students By Defending Criminal Immigrants In Removal Proceedings, Michael S. Vastine

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

Constitution, Human Rights And Republic: A Necessary Dialogue Between Gadamer's Philosophical Hermeneutics And Boaventura De Sousa Santos's Diatopic Heremeneutics, Jania Maria Lopes Saldanha, Jose Luis Bolzan De Morais

Nevada Law Journal

When we think about the concept of human rights—including all the possible ways of its realization, and considering the complementarities and also the unity of different dimensions of the concept—we confront several difficult questions. In particular, in an age when constitutions and constitutional doctrine have already incorporated a substantive body of human rights law, we must address how some of the constitutional promises regarding individual rights have not been fulfilled. Additionally, we must consider how rights that foster solidarity in the economic, social, and cultural spheres have not been recognized.

This article operates on two levels. On one level, we …

Richard Burchill On Synergies In Minority Protection: European And International Law Perspectives. Edited By Kristin Henrard And Robert Dunbar. New York: Cambridge University Press, 2008. 462pp., Richard Burchill

Human Rights & Human Welfare

A review of:

Synergies in Minority Protection: European and International Law Perspectives. Edited by Kristin Henrard and Robert Dunbar. New York: Cambridge University Press, 2008. 462pp.

Rights & Interests: Trade & Disputes, Howard Guille

Human Rights & Human Welfare

A review of:

Trade Imbalance: The Struggle to Weight Human Rights Concerns in Trade Policy-Making. By Susan Ariel Aaronson & Jamie M. Zimmerman. New York: Cambridge University Press, 2008. 337pp.

and

Public Values & Public Interest: Counterbalancing Economic Individualism. By Barry Bozeman. Washington, DC: Georgetown University Press, 2007. 219pp.

and

The Impact of the WTO: The Environment, Public Health & Sovereignty. By Trish Kelly. Northampton, MA: Edward Elgar, 2007. 220pp.