Human Rights Law Commons^™

Select Bibliography Of Women's Human Rights Law, A Conference On The Interventional Protection Of Reproductive Rights , Rebecca J. Cook, Valerie L. Oosterveld

American University Law Review

No abstract provided.

Nothing But The Truth? Transitional Regimes Confront The Past, Joan Fitzpatrick

Michigan Journal of International Law

Review of Impunity and Human Rights in International Law and Practice (Naomi Roht-Arriaza ed.)

Concluding Remarks - Making Women Visible: Setting An Agenda For The Twenty-First Century, Berta E. Hernández-Truyol

UF Law Faculty Publications

The Women's Rights as International Human Rights Symposium (Symposium), sponsored by the International Women's Human Rights Project of the Center for Law and Public Policy at St. John's University, focused on the roles played by rules of law and by the conflation of economic, social, political, religious, cultural, and historic forces in the marginalization of women in the public and private sectors in both the international and domestic systems. The traditional exclusion of women from the articulation, development, implementation, and enforcement of rights has rendered gender issues invisible and thereby shielded gender-based abuses from much needed scrutiny. The flawed public/private …

Report Of The Conference Rapporteur, Berta E. Hernández-Truyol

UF Law Faculty Publications

This summary constitutes my Final Report to the Conference on the International Protection of Reproductive Rights (the "Conference") jointly sponsored by the Women & International Law Program at the Washington College of Law of the American University and the Women in the Law Project of the International Human Rights Law Group. The Conference focused on issues that affect the role of women in society and the role played by rules of law in defining and marginalizing women's existence in society. The Conference goals included the reformulation of the international human rights construct to advance and implement women's rights, particularly women's …

Monitoring Women's Right To Health Under The International Covenant On Economic, Social And Cultural Rights Conference On The Interventional Protection Of Reproductive Rights: The Right To Health , Audrey M. Chapman

American University Law Review

No abstract provided.

Legislating Against Hate In New York: Bias Crimes And The Lesbian And Gay Community, Martin S. Zwerling

Touro Law Review

No abstract provided.

Democratic Responses To International Terrorism, Christopher L. Blakesley

Scholarly Works

This volume provides a multidisciplinary study of terrorism. The editor notes at the outset the difficulty of definition: "Terrorism is not a one-dimensional problem; it transcends many frontiers: political, jurisdictional, institutional, disciplinary and methodological. So approaching the problem from only one perspective may lead to only partial understanding and an incomplete strategy for developing constructive responses” (p. 3). Note the tendency of even this careful statement to assume that terrorism is always committed by others, Also, although legal definition and consideration may be implied by the terms polical, jurisdictional, institutional and disciplinary, which are indicated as various dimensions of …

Human Rights In Theory And Practice: A Review Of On Human Rights, Ronald Slye

Faculty Articles

One of the most important issues facing the international human rights movement is the claim that human rights values are universal and not culturally specific, and thus can be used to understand, evaluate, and influence global actors. This claim has obvious political and philosophical dimensions. That the concept of international human rights is being taken seriously by both governmental and nongovernmental actors is a sign of the importance of human rights today. The number of countries ratifying the basic international human rights treaties has reached an all-time high. Nevertheless, current events are drawing into question the universality and efficacy of …

Breaking The Cycle Of Despair: Street Children In Guatemala City, Tamara Rice Lave

Articles

No abstract provided.

Promotion And Protection Of Women's Right To Sexual And Reproductive Health Under International Law: The Economic Covenant And The Women's Convention Conference On The Interventional Protection Of Reproductive Rights: The Right To Health , Aart Hendriks

American University Law Review

No abstract provided.

Comments Conference On The Interventional Protection Of Reproductive Rights: Civil & Political Rights And The Right To Nondiscrimination , Rachael N. Pine

American University Law Review

No abstract provided.

Negotiating The Relationship Of Hiv/Aids To Reproductive Health And Reproductive Rights Conference On The Interventional Protection Of Reproductive Rights: The Impact Of Reproductive Subordination On Women's Health, Sofia Gruskin

American University Law Review

No abstract provided.

European Approaches To Enhancing Reproductive Freedom Conference On The Interventional Protection Of Reproductive Rights: Reproduction, Rights, And Reality: How Facts And Law Can Work For Women , Katarina Tomasevski

American University Law Review

No abstract provided.

Violence Against Women: Translating International Advocacy Into Concrete Change Conference On The Interventional Protection Of Reproductive Rights: The Impact Of Reproductive Subordination On Women's Health , Lori L. Heise

American University Law Review

No abstract provided.

Report Of The Conference Rapporteur Conference On The Interventional Protection Of Reproductive Rights: Religious & Cultural Rights , Berta Esperanza Hernandez-Truyol

American University Law Review

No abstract provided.

Death Penalty, Henry G. Schermers

Michigan Journal of International Law

Review of The Abolition of the eath Penalty in International Law by William A. Schabas

The European Bank For Reconstruction And Development And The Post-Cold War Era, John Linarelli

Scholarly Works

No abstract provided.

Urban Despair And Nietzsche's "Eternal Return:" From The Municipal Rhetoric Of Economic Justice To The International Law Of Economic Rights, Barbara Stark

Vanderbilt Journal of Transnational Law

Urban poverty has had a devastating impact, especially on African Americans in the United States, who have been ill-served by the rhetoric of opportunity. In this Article, the author argues that economic rights must be recognized as rights if the urban poor are even to dream of economic justice. The author uses the writings of German philosopher Friedrich Nietzsche to explain how the past can be reclaimed. Urban poverty must be understood in an historical context. Limiting the inquiry to a domestic historical context not only blinds people to the relationship between domestic and international poverty, and domestic and international …

Introduction (Symposium: Police Corruption, Municipal Corruption: Cures At What Cost?), Ross Sandler

Articles & Chapters

No abstract provided.

Conflicting Conceptions Of Human Rights: Rethinking The African Post-Colonial State, Makau Wa Mutua

Journal Articles

No abstract provided.

The Banjul Charter And The African Cultural Fingerprint: An Evaluation Of The Language Of Duties, Makau Wa Mutua

Journal Articles

No abstract provided.

New Challenges To Southern Africa: From Regional Conflict To Internal Reconstruction, Makau Wa Mutua

Journal Articles

With the possible exception of the Horn of Africa, arguably no other African region has been subject to multiple traumas such as those endured by Southern Africa. From the brutal Portuguese colonization to the vicious civil wars in Angola and Mozambique, not to mention the ravages of apartheid in South Africa and Namibia, the last four hundred years have seen sheer brutality of man over fellow man. Since 1990, however, there has been a steady reversal of the conditions that have historically caused violence in the region. In this article, the author examines this legacy and the struggle to construct …

War Crimes And Other Human Rights Abuses In The Former Yugoslavia, Robert T. Mounts, Jeffrey L. Bleich, Douglass Cassell

Journal Articles

Mr. Cassel: Today, the world is witnessing in Europe the first genocide in half a century. Unfortunately, everyone has failed to date to do much about it. Everyone has seen it so often in the papers and on the television in the last two years, that it sounds almost banal at this point to repeat it. History, sociology and the law can get pretty dry. One of the things that the report of the U.N. Commission of Experts on Violations of International Humanitarian Law in the Former Yugoslavia attempted to do was to give all this a human face. This …

Sex, Tax And The Charter: A Review Of Thibaudeau V. Canada, Lisa Philipps, Margot Young

All Faculty Publications

Section 15 of the Charter offers the promise of redressing many systemic inequalities in the law. This paper considers the implications of section 15 for the taxation of child support payments, an issue raised in the Thibaudeau case. While endorsing the Federal Court of Appeal's decision that the current tax regime is unconstitutional, the authors take issue with the Court's reasoning in reaching this result. In the first part of their paper, the authors address a number of shortcomings in the Court's equality analysis, arguing that the process employed by the Court ignored critical aspects of equality theory. The process …

Patrimonicide: The International Economic Crime Of Indigenous Spoliation, Ndiva Kofele-Kale

Vanderbilt Journal of Transnational Law

In the past two decades, the organized and systematic theft of a state's wealth and resources by its leaders has reached unprecedented levels in developing and less-developed states. Unlike previous acts of embezzlement by political leaders, this new wave of corruption-referred to as indigenous spoliation--involves billions of dollars and causes widespread social and economic devastation. This Article defines indigenous spoliation and presents some examples of this practice. The author describes the inadequacy of domestic law in dealing with the problem and suggests that international law should provide a remedy. Next, the author proposes a framework for holding persons involved in …

Rights In Psychoanalytic And Feminist Perspective, Renata Salecl

Cardozo Law Review

All major philosophical schools todaytake some position on the issue of human rights. On the one hand, so-called postmodern theorists ask how we can understand the narrative of human rights when we no longer believe that its claims are true or that metanarratives are even possible. Instead of searching for first principles and metanorms, postmodernists analyze the discursive form of the notion of rights and read this form as a part of the historically limited Enlightenment project that today has lost its relevance. Neo-Kantians, on the other hand, speak in favor of the notion of human rights and try to …

The Legality And Morality Of Using Deadly Force To Protect Unborn Children From Abortionists, Charles E. Rice, John P. Tuskey

Journal Articles

Is killing abortionists as they arrive at abortuaries to perform regularly scheduled abortions a legally justifiable use of force in defense of another person's life? Under commonly accepted criminal law principles of justification, a person normally is entitled to use force—even deadly force—when necessary to save a person's life from an aggressor bent on taking that life. But because Roe and its progeny have made abortion a constitutionally protected right, courts would predictably hold that using force against an abortionist is not legally justified, despite the fact that the motive for that force is to defend innocent human life.

Even …

Paul Touvier And The Crime Against Humanity, Michael E. Tigar, Susan C. Casey, Isabelle Giordani, Sivakumaren Mardemootoo

Faculty Scholarship

No abstract provided.

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 …

Legality Of Secessions: The Case Of Eritrea, Minasse Haile

Articles

The article critically examines the legal basis for Eritrea's secession from Ethiopia in 1993, arguing that the secession lacks a solid foundation under international law. It contends that Eritrea's independence does not meet the criteria for self-determination as defined by international instruments, emphasizing that the process was flawed and did not genuinely reflect the will of the Eritrean people. The analysis highlights the international community's opposition to secession to preserve territorial integrity and stability, asserting that Eritrea's secession undermines peace and security in the Horn of Africa.