Human Rights Law Commons^™

Men And Boys And The Ethical Demand For Social Justice, 20 Wash. & Lee J. Civil Rts. & Soc. Just. 507 (2014), Samuel Vincent Jones

UIC Law Open Access Faculty Scholarship

This essay makes what some might consider a bold and novel assertion. Relying on fact-based analysis of present day social conditions, it argues that the female-oppression-male-culprit paradigm is antiquated and injurious to both men and women. It claims that existing conceptions of American society in which the vast majority of the nation's men and boys are victimless and empowered, and the core of the nation's women and girls are victims and disempowered, cannot be fundamentally or morally justified. It will demonstrate that today's regimented imperative for addressing gender discrimination and social injustice by allocating legal rights and entitlements exclusively to …

Truth Stories: Credibility Determinations At The Illinois Torture Inquiry And Relief Commission, 45 Loy. U. Chi. L.J. 1085 (2014), Kim D. Chanbonpin

UIC Law Open Access Faculty Scholarship

This is the first scholarly Article to investigate the inner workings of the Illinois Torture Inquiry and Relief Commission (“TIRC”). The TIRC was established by statute in 2009 to provide legal redress for victims of police torture. Prisoners who claim that their convictions were based on confessions coerced by police torture can utilize the procedures available at the TIRC to obtain judicial review of their cases. For those who have exhausted all appeals and post-conviction remedies, the TIRC represents the tantalizing promise of justice long denied. To be eligible for relief, however, the claimant must first meet the TIRC’s strict …

The European Court Of Human Rights And Intragroup Religious Diversity: A Critical Review, Lourdes Peroni

Chicago-Kent Law Review

This Article examines the ways in which one of the most established human rights courts—the European Court of Human Rights—encourages or discourages intragroup religious diversity when dealing with religious freedom claims. In particular, it critically assesses the Court’s attentiveness to internal group diversity by scrutinizing the objective filters that the Court employs to determine whether certain practices “count” as a manifestation of claimants’ religion for legal purposes. The Article argues that, at times, these filters are based on assumptions about religion and religious groups that impede recognition of more lived experiences of religion and internal group diversity. The Article further …

The Invisible Women: Have Conceptions About Femininity Led To The Global Dominance Of The Female Human Trafficker?, 7 Alb. Gov't L. Rev. 143 (2014), Samuel Vincent Jones

UIC Law Open Access Faculty Scholarship

Virtually no academic or media attention has been dedicated to female traffickers, or female delinquency, in general. Human trafficking, like other crimes, has been myopically constructed, marketed, and viewed through news reports, cinema, literature, and criminal statutes as a heinous male-perpetrated offense against women and girls, rendering the female trafficker practically invisible. This essay questions the soundness and viability of continued reliance on the female victim-male culprit paradigm, used by many countries to prevent human trafficking. It confronts contemporary assumptions about femininity, violence, and aggression, calling particular attention to American cultural suppositions about femaleness that have detrimentally influenced our capacity …

An Evaluation Model For Non-Governmental Organizations Engaged In Advocacy, Nathalie Des Rosiers

Osgoode Hall Law Journal

The article proposes a model to evaluate the effectiveness of NGOs that engage in advocacy for compliance with international human rights and civil liberties standards or constitutional rules. The model draws on the analysis of social movement effectiveness, ombudsmen’s roles and the literature on the evaluation of human rights NGOs at the international level. It establishes ways to measure the legitimacy and effectiveness of advocacy NGOs. In particular, it suggests that transparency and independence must be constantly demonstrated, that factual accuracy must always be sought and that legal compliance must be shown to have moral and public interest resonance. The …

Disability, Development, And Human Rights: A Mandate And Framework For International Financial Institutions, Michael Ashley Stein, Penelope J. S. Stein

Faculty Publications

No abstract provided.

Impacts Of Gender Inequality And Poverty On Trafficking In Women, Jihye Park, Cara Rabe-Hemp

Graduate Research - Criminal Justice

Women represent approximately 75% of human trafficking victims. This study reviews what is and is not known about human trafficking and what might be accomplished in future research.

Gender And Economic, Social, And Cultural Rights, Christine M. Chinkin

Book Chapters

At the time of adoption of the International Covenant of Economic, Social and Cultural Rights (ICESCR) in 1966, the concept of gender had not entered the international arena. Relations between women and men in the allocation and enjoyment of rights were addressed through the concept of non-discrimination, inter alia on the basis of sex. The term ‘gender’ began to enter the international agenda in the 1980s, first through the global conferences on women. The World Conference on Human Rights at Vienna in 1993 continued this trend, referring to gender-based violence, gender bias, and gender-disaggregated statistics. It also called for ‘the …

Human Rights For Thee But Not For Me, Lauren Carasik

Media Presence

No abstract provided.

Transgender Inpportunity And Inequality: Evaluating The Crossroads Between Immigration And Transgender Individuals, Alexandra Caggiano

Seattle University Law Review

Despite being married to a U.S. citizen, non-citizen transgender individuals and non-citizen spouses married to transgender U.S. citizens still face deportation today due to current immigration policies. When forced to return to their home countries, transgender individuals are likely to encounter violence from those who perpetuate hate towards transgender and gender non-conforming individuals. Instead of protecting these individuals, the United States continues to send people back to their native countries solely because those individuals do not fall within the narrowly constructed definition of marriage some states use that is legally recognized by federal courts. Transgender individuals receive disparate treatment as …

The Un Is Not Above The Law, Lauren Carasik

Media Presence

No abstract provided.

Brown V. Plata: The Struggle To Harmonize Human Dignity With The Constitution, Benjamin F. Krolikowski

Pace Law Review

In Plata, the Supreme Court, in an opinion authored by Justice Anthony Kennedy, held that prisoners alleging conditions of confinement claims retain some degree of human dignity despite their lawful incarceration. Accordingly, federal courts must enforce the constitutional rights of prisoners when they are violated, even if this culminates in the release of some individuals from captivity. This is in stark contrast to previous cases where the federal courts have simply deferred to the judgment of prison administrators. Plata emphatically affirms the judiciary’s role in protecting prisoners’ rights, noting that court inaction in the face of ongoing and persistent constitutional …

Experiments In International Criminal Justice: Lessons From The Khmer Rouge Tribunal, John D. Ciorciari, Anne Heindel

Michigan Journal of International Law

Important experiments in international criminal justice have been taking place at the Extraordinary Chambers in the Courts of Cambodia (ECCC or Court), a tribunal created by the United Nations and Cambodian Government to adjudicate some of the most egregious crimes of the Pol Pot era.2 The tribunal opened its doors in 2006, and although its work continues, its first seven years of operations provide an opportunity to evaluate its performance and judge the extent to which legal and institutional experiments at the ECCC have been successful to date. This Article will show that, in general, the ECCC’s most unique and …

The U.N. Committee Against Torture And Eradication Of Torture In Health Care Settings, Claudio Grossman

Research Reports & White Papers

This article explains that the United Nations Committee against Torture (hereinafter “the Committee”) has played a significant role in addressing the serious problem of torture in health care settings. In particular, the Committee’s Concluding Observations and Recommendations under Article 19 of the Convention against Torture have been an important tool in this area. The Committee has used these means to remind States parties of their obligation to provide adequate health care for persons held in detention centers and prisons, to address abuses and poor conditions in mental health institutions and psychiatric facilities, and to denounce the practice of punishing or …

Genetics, Race And Substantive Due Process, Christian B. Sundquist

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Ending Recidivism: How A Judicial Paradigm Shift Could Prevent Recidivism By Sex Offenders, Geoffrey S. Weed

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Masthead

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Table Of Contents

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Editor's Note

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Collection Of Student Loans: A Critical Examination, Doug Rendleman, Scott Weingart

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

The Lawless Rule Of The Norm In The Government Religious Speech Cases, Kyle Langvardt

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Men And Boys And The Ethical Demand For Social Justice, Samuel Vincent Jones

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

The Recent History Of Gerrymandering In Florida: Revitalizing Davis V. Bandemer And Florida’S Constitutional Requirements On Redistricting, Devon Ombres

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

What You Sign Up For: Public University Restrictions On “Professional” Student Speech After Tatro V. University Of Minnesota, William Bush

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Into Hell: Gang-Prostitution Of Minors, Jan Fox

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Timeout! Getting Back To What Title Ix Intended And Encouraging Courts And The Office Of Civil Rights To Re-Evaluate The Three-Prong Compliance Test, Rachel Schwarz

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Suing Americans For Human Rights Torts Overseas: The Supreme Court Leaves The Door Open, Douglass Cassel

Journal Articles

If American citizens or corporations commit gross violations of human rights against foreign victims on foreign shores, can the victims sue the Americans for damages in United States federal courts? Until recently the answer was clearly yes. However, following the diverse opinions in the Supreme Court’s 2013 ruling in Kiobel v. Royal Dutch Petroleum Co., the question has divided lower courts to date.

This Article argues that, as a matter of both domestic and international law, and under both the majority and minority rationales in Kiobel, federal courts can and should hear tort suits against American nationals for human rights …

The Future Of Human Rights Litigation After Kiobel, Roger P. Alford

Journal Articles

This Article begins from the premise that the Alien Tort Statute (ATS) no longer serves a useful purpose in litigating human rights claims. As others have argued in this issue, that premise may not be correct. Assuming it is, however, one should anticipate that human rights lawyers will pursue alternative avenues for relief.

Public Sector Labor Policy: A Human Rights Approach, Robert Hebdon

Nevada Law Journal

No abstract provided.

Examining The Practice Of Developing Human Rights Indicators To Facilitate Accountability For The Human Right To Water And Sanitation, Benjamin Mason Meier, Jocelyn Getgen Kestenbaum, Georgia Lyn Kayser, Urooj Quezon Amjad, Jamie Bartram

Articles

Flowing from the evolution of international legal obligations for water and sanitation, human rights practice has shifted to address state accountability for a human right to water and sanitation through the development of human rights indicators. This policy note focuses on efforts to develop indicators for state reporting to human rights treaty bodies, with human rights norms framing national reports and treaty bodies employing indicators to monitor the progressive realization of the human right to water and sanitation. In supporting evidence-based treaty monitoring through the United Nations (UN), both the UN High Commissioner for Human Rights and the UN Special …