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Articles 121 - 150 of 155

Full-Text Articles in Human Rights Law

Sexual Violence As Genocide: The Developing Law Of The International Criminal Tribunals And The International Criminal Court, Jonathan M.H. Short Jan 2003

Sexual Violence As Genocide: The Developing Law Of The International Criminal Tribunals And The International Criminal Court, Jonathan M.H. Short

Michigan Journal of Race and Law

This note will explore the treatment of the two primary violent sexual acts, rape and forced pregnancy, in modern international criminal law; more specifically in its treatment as genocide. The woman as an individual is the primary sufferer of sexual violence during armed conflict, however sexual violence is a calculated means by which perpetrators seek to destroy an entire ethnic group. Sexual violence is both an attack against the woman and an attack against the ethnic group, and should be prosecuted as such. While crimes against individuals are best prosecuted as crimes against humanity or under domestic law, crimes committed …

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Point/Counterpoint: Treaty For The Rights Of Women Deserves Full U.S. Support, Nora O’Connell, Ritu Sharma Jan 2003

Point/Counterpoint: Treaty For The Rights Of Women Deserves Full U.S. Support, Nora O’Connell, Ritu Sharma

Human Rights Brief

No abstract provided.

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Cedaw: It’S Old, It Doesn’T Work, And We Don’T Need It, Lester Munson Jan 2003

Cedaw: It’S Old, It Doesn’T Work, And We Don’T Need It, Lester Munson

Human Rights Brief

No abstract provided.

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Watching You, Watching Me, Brenda V. Smith Jan 2003

Watching You, Watching Me, Brenda V. Smith

Project on Addressing Prison Rape - Articles

This article addresses these arguments and ultimately concludes that same-sex supervision should be adopted in U.S. prisons in supervising both male and female prisoners. First, while same-sex supervision may not prevent sexual misconduct, it may reduce it by cutting off a primary vector of sexual misconduct-cross-gender interactions between staff and inmates. Second, same-sex supervision may increase prisoner well-being by giving prisoners a greater sense of control over their bodies, thereby reducing their sense of vulnerability to abuse. Finally, adopting same-sex supervision policies would make the United States' position more congruent with international standards for the treatment of prisoners.

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A Ghost Is Haunting Europe, Maria Grahn-Farley Jan 2002

A Ghost Is Haunting Europe, Maria Grahn-Farley

Michigan Journal of International Law

Review of Responsible Selves: Women in the Nordic Legal Cultures (Kevät Nousiainen, Åsa Gunnarsson, Karin Lundström, & Johanna Niemi-Kiesiläinen eds.)

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Virginity Testing In Turkey: A Violation Of Women’S Human Rights, Chanté Lasco Jan 2002

Virginity Testing In Turkey: A Violation Of Women’S Human Rights, Chanté Lasco

Human Rights Brief

No abstract provided.

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Changing The Face Of The Law: How Women's Advocacy Groups Put Women On The Federal Judicial Appointments Agenda, Mary Clark Jan 2002

Changing The Face Of The Law: How Women's Advocacy Groups Put Women On The Federal Judicial Appointments Agenda, Mary Clark

Scholarly Articles in Law Reviews & Journals

No abstract provided.

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Dueling Fates: Should The International Legal Regine Accept A Collective Or Individual Pradigm To Protect Women's Rights?, Michigan Journal Of International Law Jan 2002

Dueling Fates: Should The International Legal Regine Accept A Collective Or Individual Pradigm To Protect Women's Rights?, Michigan Journal Of International Law

Michigan Journal of International Law

Transcript for Symposium held at the University of Michigan Law School on Saturday, April 6, 2002.

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Carter's Groundbreaking Appointment Of Women To The Federal Branch: His Other Human Rights Record, Mary Clark Jan 2002

Carter's Groundbreaking Appointment Of Women To The Federal Branch: His Other Human Rights Record, Mary Clark

Scholarly Articles in Law Reviews & Journals

No abstract provided.

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From Gender Apartheid To Non-Sexism: The Pursuit Of Women's Rights In South Africa, Penelope Andrews Jan 2001

From Gender Apartheid To Non-Sexism: The Pursuit Of Women's Rights In South Africa, Penelope Andrews

Articles & Chapters

This article discusses the quest for women's rights in South Africa and how the transition from apartheid to democracy led to a commitment to gender equality as incorporated in South Africa's transitional and final Constitutions. This paper refers to the organizational attempts by women prior to and during the constitutional drafting process to ensure that the new Constitution embodied the aspirations and reflected the struggles for women's rights by women activists in South Africa. This article is divided into six sections. Section Two describes the legacy of apartheid for all women in South Africa. This section shows how the laws …

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Legislative Focus: Extending Asylum Eligibility To Include Gender-Related Persecution, Natasha Parassram Concepcion Jan 2000

Legislative Focus: Extending Asylum Eligibility To Include Gender-Related Persecution, Natasha Parassram Concepcion

Human Rights Brief

No abstract provided.

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Dowry Deaths: Proposing A Standard For Implementation Of Domestic Legislation In Accordance With Human Rights Obligations, Namratha S. Ravikant Jan 2000

Dowry Deaths: Proposing A Standard For Implementation Of Domestic Legislation In Accordance With Human Rights Obligations, Namratha S. Ravikant

Michigan Journal of Gender & Law

This article discusses the due diligence standard of governmental responsibility, and measures the adequacy of India's implementation of its national dowry death legislation in accordance with its international human rights obligations. India has enacted legislation designed to combat dowry violence. Although India's laws seem to follow the letter of its international human rights obligations, the country violates the spirit of human rights by lacking an actual commitment to implement this legislation. This Article demonstrates and examines India's breach of its duty of due diligence. Such a breach constitutes government complicity in condoning and perpetuating dowry deaths, which violate women's human …

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Women's Rights And The Public Morals Exception Of Gatt Article 20, Liane M. Jarvis Jan 2000

Women's Rights And The Public Morals Exception Of Gatt Article 20, Liane M. Jarvis

Michigan Journal of International Law

The public morals exception in Article XX of the General Agreement on Tariffs and Trade (GATT) could and should be interpreted in accordance with evolving human rights law on women's rights. This clause provides an exception to the general rule that members of the World Trade Organization (WTO) cannot take measures against other Members that would restrict trade. Under Article XX, WTO members may restrict trade for a variety of social reasons, including protecting the environment, preventing prison labor, and otherwise promoting "public morals.” This Note will argue in particular that a nation should be allowed to invoke the public …

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U.S. Detention Of Women And Children Asylum Seekers: A Violation Of Human Rights, Wendy Young Apr 1999

U.S. Detention Of Women And Children Asylum Seekers: A Violation Of Human Rights, Wendy Young

University of Miami Inter-American Law Review

No abstract provided.

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All The Difference In The World: Listening And Hearing The Voices Of Women, Phoebe A. Haddon Jan 1999

All The Difference In The World: Listening And Hearing The Voices Of Women, Phoebe A. Haddon

Faculty Scholarship

No abstract provided.

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The Mid-Life Crisis Of The Universal Declaration Of Human Rights, Hilary Charlesworth Jun 1998

The Mid-Life Crisis Of The Universal Declaration Of Human Rights, Hilary Charlesworth

Washington and Lee Law Review

No abstract provided.

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Redirecting The Debate Over Trafficking In Women: Definitions, Paradigms, And Contexts, Janie Chuang Jan 1998

Redirecting The Debate Over Trafficking In Women: Definitions, Paradigms, And Contexts, Janie Chuang

Scholarly Articles in Law Reviews & Journals

No abstract provided.

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Sex, Culture, And Rights: A Re/Conceptualization Of Violence For The Twenty-First Century, Berta E. Hernández-Truyol Jan 1997

Sex, Culture, And Rights: A Re/Conceptualization Of Violence For The Twenty-First Century, Berta E. Hernández-Truyol

UF Law Faculty Publications

The central theme of this Article, "Sex, Culture, and Rights: A Re/conceptualization of Violence," is that a re/vision of acts that constitute violence against women is necessary for gender equality -- both domestically and internationally -- to become a reality. This reconceptualization must address not only the normative concept of violence, i.e., the use of physical force, but it must also transform and reposition the idea of violence within a broader framework that includes, considers and aims to eradicate (1) psychological, social and political subordination of women; (2) male dominant (and female subservient) cultural and traditional practices; as well as …

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Book Review: From Basic Needs To Basic Rights: Women's Claim To Human Rights. Edited By Margaret A. Schuler. Washington, D.C.: Women, Law And Development International, 1995. 597 Pages., Joel Armstrong Schoenmeyer Jan 1996

Book Review: From Basic Needs To Basic Rights: Women's Claim To Human Rights. Edited By Margaret A. Schuler. Washington, D.C.: Women, Law And Development International, 1995. 597 Pages., Joel Armstrong Schoenmeyer

Michigan Journal of Gender & Law

In the review of this work, Schoenmeyer will adhere to the structure provided by Schuler. In doing so, he will give an overview of the topics addressed in each individual section and then attempt to tie together and further analyze some of the book's main concepts.

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Gender-Based Criteria For Asylum, Gabriel Eckstein, Gregg Epstein Jan 1996

Gender-Based Criteria For Asylum, Gabriel Eckstein, Gregg Epstein

Human Rights Brief

No abstract provided.

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Gender Asylum Reflects Mistaken Priorities, Dan Stein Jan 1996

Gender Asylum Reflects Mistaken Priorities, Dan Stein

Human Rights Brief

No abstract provided.

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China's Denial Of Tibetan Women's Right To Reproductive Freedom, Eva Herzer, Sara B. Levin Jan 1996

China's Denial Of Tibetan Women's Right To Reproductive Freedom, Eva Herzer, Sara B. Levin

Michigan Journal of Gender & Law

This Article first provides a historical account of the social and political context of the PRC's family planning policies in Tibet. Part B describes the PRC's official family policies from 1982 to the present. Part C discusses the PRC's actual practices, including its population quota controls, focusing on the forced and coerced abortions and sterilizations performed on Tibetan women. Part D applies international human rights law and concludes that the PRC's family planning policy, as implemented, violates international human rights laws. The Article concludes by recommending points of action for the PRC and international community to address these human rights …

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Granting Political Asylum To Potential Victims Of Female Circumcision, Gregory A. Kelson Jan 1996

Granting Political Asylum To Potential Victims Of Female Circumcision, Gregory A. Kelson

Michigan Journal of Gender & Law

Part I of this article examines two cases. In one case, a United States immigration court allowed female circumcision as a defense to deportation. In another case, the Canadian Immigration and Refugee Board granted political asylum after recognizing female circumcision as a form of persecution. Part II assesses the extent of protections currently provided for potential victims of female circumcision under U.S. asylum law and analyzes the factors that a court should consider when making asylum determinations. Part III recommends that gender should be added to the enumerated grounds for persecution under U.S. asylum law. This section provides a hypothetical …

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Women, Just Implementation Of Asylum Policy, And Our Commitment To Human Dignity And Freedom, John Linarelli Jan 1996

Women, Just Implementation Of Asylum Policy, And Our Commitment To Human Dignity And Freedom, John Linarelli

Scholarly Works

No abstract provided.

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Mail-Order Brides: Gilded Prostitution And The Legal Response, Eddy Meng Oct 1994

Mail-Order Brides: Gilded Prostitution And The Legal Response, Eddy Meng

University of Michigan Journal of Law Reform

This Note explores the international mail-order bride industry where women from Asia and other developing countries are trafficked to men in Western industrialized countries. The author discusses the commonalities between the mail-order bride traffic and other forms of sexual exploitation, as well as the cultural and historical forces and the gender, ethnic, and class subordination which together fuel the demand for Asian Pacific mail-order brides. In the United States, the potential for exploitation is made greater in that immigrant brides face a threat of deportation during the first two years of residence via immigration laws. Given the inequalities between consumer-husbands …

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Universal Versus Islamic Human Rights: A Clash Of Cultures Or A Clash With A Construct?, Ann Elizabeth Mayer Jan 1994

Universal Versus Islamic Human Rights: A Clash Of Cultures Or A Clash With A Construct?, Ann Elizabeth Mayer

Michigan Journal of International Law

This article examines the recent trend proposing that Islam and Islamic culture mandate a distinctive approach to human rights. It offers critical assessments of selected civil and political rights in two recent products of this trend: (1) the 1990 Cairo Declaration on Human Rights in Islam, issued by the Organization of the Islamic Conference and endorsed by Iran and Saudi Arabia; and (2) the rights provisions in the Saudi Arabian Basic Law promulgated in 1992. These legislative initiatives will be examined in conjunction with constructs of an Islamic culture necessarily at odds with international human rights norms. These constructs have …

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The Worldwide Market For Sex: A Review Of International And Regional Legal Prohibitions Regarding Trafficking In Women, Susan Jeanne Toepfer, Bryan Stuart Wells Jan 1994

The Worldwide Market For Sex: A Review Of International And Regional Legal Prohibitions Regarding Trafficking In Women, Susan Jeanne Toepfer, Bryan Stuart Wells

Michigan Journal of Gender & Law

This essay considers whether international treaty law is a useful weapon in the battle against the global sex trade. The introduction to this essay surveys the extent of global sex trafficking. Part I of this essay discusses the international legal conventions that address the issue of trafficking in women. Part II of this essay assesses the effectiveness of these international instruments and considers why they have failed to and the world sex trade. In Part III, this essay describes the European and Inter-American human rights systems, focusing upon substantive law in the regional systems that might be relevant to the …

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The Hunger Trap: Women, Food, And Self-Determination, Christine Chinkin, Shelley Wright Jan 1993

The Hunger Trap: Women, Food, And Self-Determination, Christine Chinkin, Shelley Wright

Michigan Journal of International Law

The authors examine the relationship of international law and food to women by first presenting seven stories of women from different situations, geographical locations, and conditions of affluence or poverty. These individual stories illustrate in a concrete way the circumstances of individual women's lives and their relationship to food and hunger. They are, to some extent, representative of women generally. We then examine the international legal framework and the provisions of international law that might be relevant to relieving the reality of hunger and women's vulnerability to food deprivation.

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International Human Rights And Feminism: When Discourses Meet, Karen Engle Jan 1992

International Human Rights And Feminism: When Discourses Meet, Karen Engle

Michigan Journal of International Law

In this article, the author brings some of the issues identified and discussed in domestic law into public international law, through an analysis of that area of human rights law pertaining to women. Although she is inspired by the domestic debate, her purpose here is not specifically to critique or defend rights. Rather, to explore the various ways that advocates of international women's rights have deployed, and at the same time critiqued, existing rights frameworks in order to achieve change for women. In doing so, the author analyzes the multiple roles that rights discourse plays in the advocacy of women's …

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Domestic Violence Against Women: A Comparative Analysis Of Remedies Under The American And Indian Legal Systems, Anita Elizabeth Jacob Ninan Jan 1991

Domestic Violence Against Women: A Comparative Analysis Of Remedies Under The American And Indian Legal Systems, Anita Elizabeth Jacob Ninan

LLM Theses and Essays

The purpose of this thesis is to compare the legal remedies available to women who are the victims of domestic violence in the United States and India and analyze whether the existing laws in the two systems are effective and sufficient in combating this growing problem. Domestic violence against women is a reality. It haunts the female species form the cradle to the grave, manifesting itself in sociocultural crime peculiar to some societies like India, such as female feticide, female infanticide, bride burning dowry deaths, and wife battering (both a developing country like India and an economically developed country like …

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