Human Rights Law Commons^™

Environmental (In)Justice: Evaluating The Factors That Led To The Jackson Water Crisis & Proposing A Solution For Environmental Justice In Mississippi, Emily Brennan

MC Law Review

40,000. That is the number of residents that were left without potable water for nearly five weeks during Jackson, Mississippi’s February 2021 water crisis. An unusual cold front rolled through, freezing plant equipment, bursting water pipes, and causing many in Jackson to lose access to running water. This was not, however, the first time that Jackson residents had endured hardships with regard to their drinking water—it was just the first time that national attention turned to, and has seemed to remain on, Mississippi’s capital city. Those in Jackson are all too familiar with water pipes bursting, low water pressure, boil …

Exploring The African Regional Human Rights Standards As The Basis For An Enabling Environment For Self-Managed Abortion, Lucia Berro Pizzarossa, Michelle Maziwisa, Ebenezer Durojaye

Washington and Lee Journal of Civil Rights and Social Justice

Self-managed abortion holds great promise to save lives and promote reproductive autonomy, particularly in Africa. Indeed, the African region records very high numbers of unsafe abortions, and the burden of abortion-related mortality is the highest globally. Abortion remains generally criminalized in violation of numerous internationally and regionally recognized human rights standards. The advent of abortion medicines and the increased grassroots energy geared towards curbing the harms of unsafe abortion evince medical abortion holds great promise for revolutionizing people’s access to high-quality reproductive care. This study discusses regional human rights frameworks, policy, case law, and a few representative domestic legislative frameworks …

Submission To The United Nations Universal Periodic Review Of Yemen, Mwatana For Human Rights, Smith Family Human Rights Clinic

Human Rights Institute

This submission focuses on international human rights and humanitarian law violations by the Government of Yemen and allied armed groups, as well as by the armed group Ansar Allah (the Houthis), as supported by Mwatana’s original factfinding and documentation.

To Have And To Be: An International Human Right To Clean, Healthy, And Sustainable Environment, Deepa Badrinarayana

William & Mary Environmental Law and Policy Review

In July 2022, the United Nations General Assembly passed Resolution 76/300 (“the Resolution”)—affirming a human right to clean, healthy, and sustainable environment (“environmental human rights”). The Resolution essentially affirms a linkage between environmental human rights and “other rights and existing international law,” and “calls upon States, international organizations, business enterprises and other relevant stakeholders to adopt policies, to enhance international cooperation, strengthen capacity-building and continue to share good practices,” to achieve environmental human rights.

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This Article offers a glass half-full perspective on the Resolution, with the caveat that the glass could rapidly become empty unless the right is internalized …

The Rejection Of The Anti-Corruption Principle And Its Effect On Human Rights At Home, Juliet S. Sorensen

Northwestern Journal of Human Rights

21st century scholarship analyzing the Framers’ treatment of corruption asserts that their incorporation of anti-corruption means in the Constitution should be interpreted as a framework to inform contemporary judicial review and jurisprudence. Led by Zephyr Teachout’s article “The Anti-Corruption Principle,” this school of thought asserts that the anti-corruption principle should be on par with separation of powers and freedom of expression, a guiding lodestar in interpreting the Constitution.

This article submits that the anti-corruption principle of constitutional interpretation is, in fact, a rights-based approach to corruption, equating freedom from corruption with the other rights and liberties enshrined in the Constitution. …

Promises And Pitfalls In Un Regulation Of Judicial Independence, Martha Kiela

Northwestern Journal of Human Rights

This article investigates the current mechanisms and power of the UN to ensure judicial independence in the UN Member States. First, it surveys the UN bodies which play a role in creating international regulations for judicial independence and monitoring Member States’ compliance with them. Second, it analyzes the responses of these bodies to challenges to judicial independence by conducting case studies of Venezuela and Poland, and how these actions compare to those of other international organizations and tribunals. The central questions it seeks to answer are which mechanisms of review and enforcement have so far been the most effective in …

Improving Recommendations From The Un's Universal Periodic Review: A Case Study On Domestic Abuse In The Uk, Alice Storey

Pace International Law Review

Hailed as an international human rights innovation, the UN Human Rights Council’s Universal Periodic Review (“UPR”) is a peer-review mechanism that assesses the protection and promotion of human rights in all 193 UN Member States, including intergovernmental and civil society input. Importantly, within the UPR, other Member States provide recommendations to each state under review on how it can improve human rights on the ground. States can decide to accept or note recommendations and should then go on to implement those that are accepted. The recommendations are a fundamental part of the UPR process, yet they are not always formulated …

Direito, Saneamento E Sustentabilidade: Uma Análise Comparativa Entre Municípios Do Estado De Santa Catarina, Brasil, E Da Província De Ontário, Canadá À Luz Dos Objetivos Do Desenvolvimento Sustentável 6 E 11, Claudio Antonio Klaus Junior

University of the Pacific, McGeorge School of Law Dissertations

The relevance of sanitation and sustainability is manifested in the promotion of public health, improvement of quality of life, and ensuring access to basic services as essential human rights. The comparative analysis between the cities of Caçador, Videira, and Concórdia, in Santa Catarina, in Brasil, and Sault Ste. Marie, Thunder Bay, North Bay, Chatham-Kent, Woodstock, and Kenora, in Ontário, in Canadá, allows for the identification of differences and similarities in sanitation systems, understanding of challenges and opportunities, and consequently, the foundation for effective public policies aimed at improving access to sanitation. The present study aims to analyze the situation of …

Corporate Law’S Threat To Human Rights: Why Human Rights Due Diligence Might Not Be Enough, Barnali Choudhury

Articles & Book Chapters

The take-up of mandatory human rights due diligence (HRDD) initiatives by states is continuously gaining momentum. There are now numerous states adopting some form of HRDD laws. While corporations being duly diligent in respecting human rights is a positive step towards addressing problems of business and human rights, these HRDD initiatives on their own may only be a form of window-dressing, that is, enabling states to put a smart spin on their efforts to address business and human rights issues without addressing some of the root causes of that predicament. As a result, HRDD laws are likely to be a …

International Agreements Shaping Migration Solutions, Camilo Mantilla

Refugee Law & Migration Studies Brief

In an increasingly complex and interdependent state of international relations, international treaty negotiation, adoption, and implementation constitute an important component of global foreign policy and activity of states. International agreements embody sovereign and state-to-state relations and behavior in a global forum. International agreements manifest in ways that vary in form, subject, formalities, parties, scope, forum and many other elements.

Nefarious Notarios: Responding To Immigration Scams As White Collar Crime As A Matter Of Public Policy, Sarah Cossman

Refugee Law & Migration Studies Brief

Immigration scams targeting non-citizens can have devastating impacts on an individual's status and ability to remain in the United States legally. The phenomenon of notario fraud occurs when an individual misrepresents themself as a notario publico in an effort to defraud immigrants seeking legal services. In Spanish-speaking countries, a notario publico is a highly trained legal professional, akin to an attorney, who provides legal advice and drafts legal documents. The term is a false cognate. The English equivalent, a notary, is an individual with narrow witnessing duties and much less discretion. Problems arise when individuals obtain a notary public license …

Anti-Corruption’S Next Great Migration?: Strengthening U.S. Refugee And Asylum Law Under Existing U.S. Anti-Corruption Commitments, Bianka Ukleja

Refugee Law & Migration Studies Brief

First, this paper will describe the U.S.’s anticorruption commitments under international law. Next, it will present the general features of current U.S. refugee and asylum law, pertaining to particular social group (PSG) and political opinion claims. Last, this paper will discuss how the Biden Anti-Corruption Memo provides fertile ground for DHS to initiate an informal rulemaking process under the Administrative Procedure Act (APA) to engage civil society on how U.S. refugee and asylum laws can better support a pathway to citizenship for anti-corruption activists in pursuit of key U.S. foreign policy interests abroad and who find themselves unable to seek …

Can Bilateral Agreements On Migration Control Be A New Way For The Global Compact On Refugees (Gcr) And The Global Compact On Safe, Orderly And Regular Migration (Gcm)?, Ayse Yildiz-Demir

Refugee Law & Migration Studies Brief

Both externalization and external dimension of migration control play critical roles in the contained mobility around the world, especially in the southern external borders of the EU in the last decades. Externalization aims to contain mobility of migrants (including irregular migrants, refugees, asylum seekers or economic migrants) beyond national borders of destination states by using different practices such as push-back operations at the sea or keeping migrants in the extraterritorial camps until the evaluation of their asylum claims. On the other hand, the external dimension pursues migration control via carrying out softer policies than externalization. As one of most popular …

Future-Proofing U.S. Laws For War Crimes Investigations In The Digital Era, Rebecca Hamilton

Scholarly Articles in Law Reviews & Journals

Advances in information technology have irrevocably changed the nature of war crimes investigations. The pursuit of accountability for the most serious crimes of concern to the international community now invariably requires access to digital evidence. The global reach of platforms like Facebook, YouTube, and Twitter means that much of that digital evidence is held by U.S. social media companies, and access to it is subject to the U.S. Stored Communications Act.

This is the first Article to look at the legal landscape facing international investigators seeking access to digital evidence regarding genocide, war crimes, crimes against humanity, and aggression. It …

Submission To The United Nations Universal Periodic Review Of Saudi Arabia, Mwatana For Human Rights, Smith Family Human Rights Clinic

Human Rights Institute

Mwatana Organization for Human Rights (Mwatana) and the Columbia Law School Smith Family Human Rights Clinic (Clinic) jointly submit this report to inform the examination of Saudi Arabia during its Universal Periodic Review.

2023 Summer - Clihhr Newsletter, Cardozo Law Institute In Holocaust And Human Rights (Clihhr)

CLIHHR Newsletters

This Summer 2023 issue of the CLIHHR Newsletter honors the legacy of Benjamin B. Ferencz and reflects on the Institute’s continued commitment to international justice and atrocity prevention. It features tributes to Ferencz’s life and work, updates on student and clinic achievements, including success at the Clara Barton International Humanitarian Law Competition, international fieldwork in Argentina and India, major conferences on sexual and gender-based crimes, faculty engagement in global legal advocacy, and partnerships advancing survivor-centered and intersectional justice. The newsletter highlights CLIHHR’s dedication to human rights education, accountability, and global collaboration.

Global Climate Litigation Report: 2023 Status Review, Michael Burger, Maria Antonia Tigre

Sabin Center for Climate Change Law

This Global Climate Litigation Report: 2023 Status Review, which updates previous United Nations Environment Programme reports published in 2017 and 2020, provides an overview of the current state of climate change litigation and an update of global climate change litigation trends. It provides judges, lawyers, advocates, policymakers, researchers, environmental defenders, climate activists, human rights activists (including women’s rights activists), NGOs, businesses and the international community with an essential resource to understand the current state of global climate litigation, including descriptions of the key issues that courts have faced in the course of climate change cases.

Phr & Clihhr Submission To Sgbc Policy (June 2023), Physicians For Human Rights (Phr), Cardozo Law Institute In Holocaust And Human Rights (Clihhr)

CLIHHR Reports & Policy Submissions

This report was submitted by the Cardozo Law Institute in Holocaust and Human Rights (CLIHHR) and Physicians for Human Rights (PHR) in June 2023 as part of the consultation process for the United Nations' policy on addressing sexual and gender-based crimes (SGBC). It offers legal analysis and strategic recommendations to strengthen accountability mechanisms for SGBC under international criminal law. The submission reflects CLIHHR’s ongoing work in advancing human rights and justice for marginalized and vulnerable populations.

Phr & Clihhr Submission To Icc Otp (May 2023), Physicians For Human Rights (Phr), Cardozo Law Institute In Holocaust And Human Rights (Clihhr)

CLIHHR Reports & Policy Submissions

This report was submitted by the Cardozo Law Institute in Holocaust and Human Rights (CLIHHR) and Physicians for Human Rights (PHR) in May 2023 to the Office of the Prosecutor (OTP) of the International Criminal Court (ICC). It provides legal and strategic recommendations on investigating and prosecuting crimes of sexual and gender-based violence, with an emphasis on survivor-centered approaches and international legal standards. The submission highlights the importance of addressing such crimes within the framework of international justice.

Sacred Spheres: Religious Autonomy As An International Human Right, Diana V. Thomson, Kayla A. Toney

Catholic University Law Review

How should courts resolve thorny human rights disputes that arise within religious groups? According to an emerging international consensus, they shouldn’t. When a case involves sensitive internal decisions by a religious organization, such as choosing who is qualified to teach the faith, courts are increasingly taking a hands-off approach. This global consensus has formed across international treaties, tribunals, and domestic courts in European and American nations. Every major human rights instrument and many international and domestic courts recognize that religious freedom must extend to religious communities, especially houses of worship and schools where believers gather to practice their faith and …

Human Rights, Trans Rights, Prisoners’ Rights: An International Comparison, Tom Butcher

Northwestern Journal of Law & Social Policy

In this Note, I conduct an international comparison of the state of trans prisoners’ rights to explore how different national legal contexts impact the likelihood of achieving further liberation through appeals to human rights ideals. I examine the United States, Canada, the United Kingdom, Australia, India, Argentina, and Costa Rica and show the degree to which a human rights framework has been successful thus far in advancing trans prisoners’ rights. My analysis also indicates that the degree to which a human rights framework is likely to be successful in the future varies greatly between countries. In countries that are hesitant …

How Many More Brazilian Environmental Defenders Have To Perish Before We Act? President Lula's Challenge To Protect Environmental Quilombola Defenders, Sarah Dávila A.

William & Mary Environmental Law and Policy Review

The Global South has been historically marginalized and continues to suffer from systemic oppression, impeding the realization of their human rights. Afro-descendants and other minority populations in the Global South live in disproportionately environmentally unsafe conditions and are disproportionately more vulnerable to climate change and environmental harm. One of those populations are Quilombolas. Quilombolas are Brazilian Afro-descendant communities who continue to fight to protect their community rights to ancestral lands, natural resources, and survival as a people. The Brazilian government under former Brazilian President Bolsonaro engaged in a persistent and systematic campaign to target, attack, and kill defenders, including Quilombola …

Defending The First Premise: Why Prenatal Life Is Not The Exception, Jessica Buchanan

Senior Honors Theses

This thesis frames the abortion debate by dividing the pro-life position into two premises: that the government must protect human beings’ right to life, and that an unborn human organism is a human being. It briefly describes the proposition that the unborn are moral persons. It then proceeds to examine philosophical, legal, and practical objections to the first premise, concluding that if the unborn are established as human beings, the government must uphold their right to life. While this thesis is intended to argue in favor of restricting elective abortion, it does not put forth an opinion on what should …

Editor's Note, Juliette Jackson, Bailey Nickoloff

Sustainable Development Law & Policy

The Sustainable Development Law and Policy Brief (“SDLP”) is celebrating twenty-two years of legal scholarship on issues related to environmental, energy, natural resources, and international development law. SDLP continues to provide cutting-edge solutions to these legal issues in the face of the global COVID-19 Pandemic, while also transitioning back into a “new normal.” This issue is no different, as we published articles challenging our lawmakers and policy heads to address the impending needs of our communities to develop more sustainable infrastructure—needs that are only exacerbated by man-made climate change. We are proud of the work published, and we are forever …

His Ship Has Sailed--Expelling Columbus From Cultural Heritage Law, Emily Behzadi

Vanderbilt Journal of Transnational Law

Latin America is a region rich with cultural heritage that existed for centuries before its antiquities were looted, trafficked, and sold on the international market. The language used to classify these objects of cultural heritage has been a tool of oppression and erasure. In reference to those objects of historical importance, auction houses, dealers, museums, and even looters themselves consistently use the term “Pre- Columbian.” “Pre-Columbian,” which means “before Columbus,” defines the historical period prior to the establishment of the Spanish culture in the national territories of Mexico, Central America, South America, and the Caribbean islands. In fact, this definition …

Ecthr Halts Forced Deportation Of Uyghur Couple Seeking Asylum In Malta: Latest In A Series Of Breaches Of European Convention On Human Rights, Tesa Hargis

Human Rights Brief

On January 16, 2023, the European Court of Human Rights (ECtHR) ordered Malta to halt the process of forcibly removing a Uyghur couple, A.B. and Y.M., seeking asylum. The couple, who are Chinese nationals of Uyghur ethnicity and Muslim faith, arrived in Malta in 2016; the rejection of their initial application in 2017 forced them to live in hiding for years. Prior to bringing their case to the ECtHR, the Uyghur couple had been detained at the Safi Barracks and were facing immediate deportation to China.

Movement Lawyering For Georgia Worker Cooperatives, Julian M. Hill

Human Rights Brief

Capitalism’s Contradictions in Atlanta. The Park Place and Auburn Avenue intersection in downtown Atlanta juxtaposes capitalism’s shiny veneer and putrid underbelly. Among Georgia State University’s multi-story buildings, Woodruff Park’s lush trees, and the vibrant Sweet Auburn neighborhood once home to Martin Luther King, Jr., diverse youth vying for class ascension and minority-owned businesses exemplifying Atlanta’s claim as an entrepreneurship hub populate the sidewalks. A deeper look, however, reveals cracks within the “Real Wakanda” facade. Wooden boards cover commercial space doors along Auburn Avenue, houseless folks support each other and request help from others around Woodruff Park, and students born into …

Religious Discrimination And Violation Of Property Rights In Turkey, Andre Taylor

Human Rights Brief

In 2022, the European Court of Human Rights (ECtHR) provided a ruling in an application against Turkey by the Foundation of the Taksiarhis Greek Orthodox Church. The Turkish government was held to have committed religious discrimination against its Greek Orthodox community by rejecting an application to register a historic church without a valid explanation. The Turkish High Court decided to register the disputed property in the name of the Public Treasury rather than grant ownership of the property outright to the Church. The Istanbul Administrative Court had repeatedly dismissed the Church’s appeals on the basis that the conditions listed in …

Movement Lawyering: Rebuilding Community Power & Decentering Law, Sami Schramm, Naima Muminiy, Madison Sharp, Angela Altieri, Thea Cabrera Montejo

Human Rights Brief

On Thursday, February 16, 2023, the Human Rights Brief held its annual symposium entitled Movement Lawyering: Rebuilding Community Power and Decentering Law. It was organized by Angela Altieri, Madison Sharp, Naima Muminiy, Sami Schramm, Destiny Staten, Angel Gardner, Leila Hamouie, Fabian Kopp, Marnie Leonard, and Thea Cabrera Montejo. Together, the team curated a day full of empowering keynotes, inspiring panels, and an insightful workshop. The team also created a resource to document the event.

Access To Education: Protecting Students With Disabilities By Decriminalizing Behavior, Maria Jardeleza

Human Rights Brief

Contrary to international human rights standards, laws that criminalize disorderly and disruptive behavior in schools neglect the needs of students with disabilities. These laws lead to the exclusion of students with disabilities from educational settings and are applied unfairly against them. This Article will first look at state statutes and school policies that grant broad discretion in determining when and how to exclude students from learning opportunities through suspensions, expulsions, and referrals to law enforcement1. Understanding the use of these statutes against students within the context of the data on school discipline rates for students with disabilities shows the disproportionate …