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Articles 5971 - 6000 of 11824

Full-Text Articles in Human Rights Law

Insiderness, Outsiderness, And Situated Accessibility – How Women Activists Navigate Un’S Commission On The Status Of Women, Daniela Jauk Jan 2014

Insiderness, Outsiderness, And Situated Accessibility – How Women Activists Navigate Un’S Commission On The Status Of Women, Daniela Jauk

Societies Without Borders

The goal of this article is to explain micro-political aspects of women’s participation within the Commission on the Status of Women (CSW) by explicating how NonGovernmental Organization’s (NGO) representatives negotiate and perceive their work. Data from ethnographic participant observation of CSW meetings between 2009 and 2012 demonstrate the simultaneity of both clear insider/outsider distinctions as well as blurred and permeable boundaries between the intergovernmental body of the CSW and civil society in the form of women’s rights activists who attempt to shape CSW outcomes. Concepts of fluid insiderness and outsiderness (Naples 1996) help explain that women activists perceive themselves simultaneously …

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Pride In Istanbul, Susan C. Pearce Jan 2014

Pride In Istanbul, Susan C. Pearce

Societies Without Borders

In June of 2013, Istanbul, Turkey held its annual Lesbian, Gay, and Bisexual Pride parade. This year’s parade was performed in a particular historical context: in the midst of an anti-government uprising that had begun in Istanbul and spread throughout Turkey. This context loaned a particular flavor to the Pride parade, and there was a reciprocity between the recent protest movement and LGBT activism. These field notes describe the June 2013 parade and its relationship to the socio-political context, drawing from these observations some preliminary conclusions regarding human rights and gender as Turkey interacts with transnational human rights regimes such …

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Review Of Edges Of Global Justice: The World Social Forum And Its “Others” By Janet M. Conway, Manisha Desai Jan 2014

Review Of Edges Of Global Justice: The World Social Forum And Its “Others” By Janet M. Conway, Manisha Desai

Societies Without Borders

No abstract provided.

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Review Of The Anti-Slavery Project: From The Slave Trade To Human Trafficking By Joel Quirk, Annie Isabel Fukushima Jan 2014

Review Of The Anti-Slavery Project: From The Slave Trade To Human Trafficking By Joel Quirk, Annie Isabel Fukushima

Societies Without Borders

No abstract provided.

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Review Of Forgotten Genocides: Oblivion, Denial, And Memory By Rene Lemarchand (Editor), Nicole Fox Jan 2014

Review Of Forgotten Genocides: Oblivion, Denial, And Memory By Rene Lemarchand (Editor), Nicole Fox

Societies Without Borders

No abstract provided.

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Review Of Heart Of Sky, Heart Of Earth Directed By Frauke Sandig And Eric Black, Beth Williford Jan 2014

Review Of Heart Of Sky, Heart Of Earth Directed By Frauke Sandig And Eric Black, Beth Williford

Societies Without Borders

No abstract provided.

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Our Years As Editors, David L. Brunsma, Keri E. Iyall Smith, Mark Frezzo Jan 2014

Our Years As Editors, David L. Brunsma, Keri E. Iyall Smith, Mark Frezzo

Societies Without Borders

No abstract provided.

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Indigenous Methodology In Practice: Starting A Community-Based Research Center On The Yakama Reservation, Michelle M. Jacob, Sarah Augustine, Corey Hodge, Mary James Jan 2014

Indigenous Methodology In Practice: Starting A Community-Based Research Center On The Yakama Reservation, Michelle M. Jacob, Sarah Augustine, Corey Hodge, Mary James

Societies Without Borders

In our paper, we examine the process, possibilities, and tensions of building a new community-based research center at a small liberal arts college on the Yakama Reservation. We view our work with the Center for Native Health & Culture as an example of human rights-based educational transformation, as our work is about honoring indigenous land, community, and values. This mission stands at odds with Western educational approaches, which typically view indigenous peoples, cultures, and well-being as a side note to frequently marginalized campus diversity initiatives. Our work to establish the new research center takes up the challenge of placing indigenous …

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“It Is Laced With Faults”: American Indians, Public Participation And The Politics Of Siting A High-Level Nuclear Waste Repository, Jesse P. Van Gerven Jan 2014

“It Is Laced With Faults”: American Indians, Public Participation And The Politics Of Siting A High-Level Nuclear Waste Repository, Jesse P. Van Gerven

Societies Without Borders

In this article I analyze American Indian claims made during the siting process for a high-level nuclear waste repository at Yucca Mountain, Nevada. By utilizing the concepts of distribution and recognition (Fraser 2003) to analyze American Indian claims for financial compensation, cultural artifact/resource protection, and environmental justice I reveal the existence and extent of both objective and intersubjective obstacles preventing greater public participation in environmental decision-making. Through a textual/discourse analysis of public documents associated with the Yucca Mountain Project, my analysis demonstrates how distributive and recognitional injustices impede democratic participation in environmental decision-making, which contributes to the continuation of environmental …

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The Rise Of Human Rights Education: Opportunities, Challenges, And Future Possibilities, Lindsey N. Kingston Jan 2014

The Rise Of Human Rights Education: Opportunities, Challenges, And Future Possibilities, Lindsey N. Kingston

Societies Without Borders

Human rights education (HRE) has gained increasing support as a tool for promoting social responsibility and global respect for international human rights standards. Many schools and universities include HRE in their curricula in an attempt to foster a sense of global citizenship among students, yet educators still grapple with how to most effectively include human rights in undergraduate programs. In an attempt to provide resources and to promote effective HRE, this article examines the rise of human rights education and analyzes its potential for positive change. In particular, high impact learning practices (such as community partnerships and short-term study abroad …

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Making Visible The Invisible: Nighttime Lights Data And The Closing Of The Human Rights Information Gap, Xi Chen Jan 2014

Making Visible The Invisible: Nighttime Lights Data And The Closing Of The Human Rights Information Gap, Xi Chen

Societies Without Borders

War, poverty, geographical remoteness and political isolation all contribute to unreliable or non-existent data for developing regions of the world. As a consequence, research within these areas has been hampered by an abject lack of data in underdeveloped regions. The satellite-based nighttime lights data introduced here may hold the potential to overcome this problem by providing a proxy measure for large numbers of variables dealing with second and third generation human rights issues. The images presented here represent some of the newest forms of data available to social science investigations and those interested in human rights studies, and are already …

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Review Of A Quiet Revolution: The Veil’S Resurgence, From The Middle East To America By Leila Ahmed, Mohammand Salehin Jan 2014

Review Of A Quiet Revolution: The Veil’S Resurgence, From The Middle East To America By Leila Ahmed, Mohammand Salehin

Societies Without Borders

No abstract provided.

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Review Of Torture: A Sociology Of Violence And Human Rights By Lisa Hajjar, Jared Del Rosso Jan 2014

Review Of Torture: A Sociology Of Violence And Human Rights By Lisa Hajjar, Jared Del Rosso

Societies Without Borders

No abstract provided.

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To Be Male: Homophobia, Sexism, And The Production Of “Masculine” Boys, Clifford Rosky Jan 2014

To Be Male: Homophobia, Sexism, And The Production Of “Masculine” Boys, Clifford Rosky

Utah Law Faculty Scholarship

This chapter is about the relationship between homophobia and sexism in family law. By conducting an empirical analysis of custody and visitation cases, it shows that stereotypes about the children of lesbian and gay parents are both sexist and homophobic. In some cases, the relationship between homophobia and sexism becomes especially obvious, when stereotypes explicitly conflate the sexual orientation, gender identity, and gender roles of children and parents. By looking more closely, however, we can find more subtle evidence of this relationship in a much wider range of cases, wherever stereotypes of the children of lesbian and gay parents appear. …

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Trafficking In Human Beings: Partial Compliance Theory, Enforcement Failure, And Obligations To Victims, Leslie P. Francis, John G. Francis Jan 2014

Trafficking In Human Beings: Partial Compliance Theory, Enforcement Failure, And Obligations To Victims, Leslie P. Francis, John G. Francis

Utah Law Faculty Scholarship

Trafficking—the coerced exploitation of people—is a major global concern. Primary forms of trafficking include sex trafficking, labor trafficking, trafficking in organs, trafficking in reproduction, and trafficking in child soldiers. This paper explores whether “host” countries — destinations for trafficking — have special obligations to provide trafficked persons with support needed to escape trafficking and to deal with the damage it has caused. This support includes asylum, healthcare, food, and shelter, at least for an initial period of time.

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The Fundamentalism Of Liberal Rights: Decoding The Freedom Of Expression Under The European Convention For The Protection Of Human Rights And Fundamental Freedoms, Moeen Cheema, Adeel Kamran Jan 2014

The Fundamentalism Of Liberal Rights: Decoding The Freedom Of Expression Under The European Convention For The Protection Of Human Rights And Fundamental Freedoms, Moeen Cheema, Adeel Kamran

Loyola University Chicago International Law Review

No abstract provided.

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Olympic-Sized Opportunity: Examining The Ioc's Past Neglect Of Human Rights In Host Cities And The Chance To Encourage Reformon A Global Scale, Chad Nold Jan 2014

Olympic-Sized Opportunity: Examining The Ioc's Past Neglect Of Human Rights In Host Cities And The Chance To Encourage Reformon A Global Scale, Chad Nold

Loyola University Chicago International Law Review

No abstract provided.

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Human Rights Provisions In Free Trade Agreements: Do The Ends Justify The Means?, Meredith Kolsky Lewis Jan 2014

Human Rights Provisions In Free Trade Agreements: Do The Ends Justify The Means?, Meredith Kolsky Lewis

Loyola University Chicago International Law Review

No abstract provided.

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Defending The Spirit Of The Doha Declaration In Free Trade Agreements: Trans-Pacific Partnership And Access To Affordable Medicines, Burcu Kilic Jan 2014

Defending The Spirit Of The Doha Declaration In Free Trade Agreements: Trans-Pacific Partnership And Access To Affordable Medicines, Burcu Kilic

Loyola University Chicago International Law Review

No abstract provided.

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Scott Lively And Free Trade: United States Free Trade Agreements As A Mechanism For Advancing Human Rights Abroad, Nicholas K. Fedde Jan 2014

Scott Lively And Free Trade: United States Free Trade Agreements As A Mechanism For Advancing Human Rights Abroad, Nicholas K. Fedde

Loyola University Chicago International Law Review

No abstract provided.

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Trafficking In Child Labor In Ghana And Senegal, Steven Brandt Jan 2014

Trafficking In Child Labor In Ghana And Senegal, Steven Brandt

Annual Interdisciplinary Conference on Human Trafficking: 6th (2014)

The goal of this paper is to determine the efficacy of anti-trafficking governance in Senegal and Ghana and what social, political, legal and economic factors work for or against those policies such as: - social policies for and against the growth of the NGO community - enforcement of anti-trafficking laws - economic policies for impoverished urban and rural communities - government rehabilitation policies for minors - federal, state and local corruption - border security/immigration - religious and political freedom This research comprises a comprehensive literature analysis as to the current state of trafficking of minors in Ghana and Senegal. First …

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Serious Harm, James C. Hathaway Jan 2014

Serious Harm, James C. Hathaway

Book Chapters

Although the requirement to show a well-founded fear of “being persecuted” is at the heart of the refugee definition, the Refugee Convention does not define or elucidate the meaning to be given to this concept. Indeed, it is generally acknowledged that the drafters of the Convention intentionally declined to define “being persecuted” because they recognized the impossibility of enumerating in advance all of the forms of maltreatment that might legitimately entitle persons to benefit from international protection. The need for a flexible approach to “being persecuted” is especially important today given the duty under the 1967 Protocol to apply the …

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The Alien Tort Statute Of 1789 And International Human Rights Violations: Kiobel V. Royal Dutch Petroleum Co., Paula Alexander Becker Jan 2014

The Alien Tort Statute Of 1789 And International Human Rights Violations: Kiobel V. Royal Dutch Petroleum Co., Paula Alexander Becker

New England Journal of Entrepreneurship

Kiobel v. Royal Dutch Petroleum Co. involves an action under the Alien Tort Statute (ATS). The case was brought in the United States, Southern District of New York, by the widow of Dr. Barinem Kiobel, a Nigerian activist and member of the Ogoni tribe, and others for human rights violations committed in the Niger River Delta. Defendants include Royal Dutch Petroleum, Shell Transport and Trading Co., and Shell Petroleum Development Company of Nigeria. Although the human rights violations including murder and torture were allegedly committed by the Nigerian military government, it is claimed that the Royal Dutch Petroleum defendants aided …

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King Tut And Tahrir Square: The Egyptian Revolution Of 2011 And The Advantage Of Viewing Cultural Heritage Destruction Through A Right To Culture Lens, Zoe Niesel Jan 2014

King Tut And Tahrir Square: The Egyptian Revolution Of 2011 And The Advantage Of Viewing Cultural Heritage Destruction Through A Right To Culture Lens, Zoe Niesel

Faculty Articles

No abstract provided.

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Eying The Promised Land: The Wearisome Quest For An Effective Regional Human Rights Enforcement Mechanism In Africa, Nsongurua Udombana Jan 2014

Eying The Promised Land: The Wearisome Quest For An Effective Regional Human Rights Enforcement Mechanism In Africa, Nsongurua Udombana

The Transnational Human Rights Review

Regional human rights regimes complement national systems, which sometimes suffer from "[i]nept, inefficient, underresourced, or iniquitous governments incapable of, or perhaps even opposed to, assisting citizens' realization of their human rights". Regional systems also complement the global system, which often is problematic in achieving consensus due to multiplicity of states and the absence of homogeneity. "As far as their processes are concerned", notes Sarkin, "regional systems for many reasons are more accessible, cheaper for litigants, and more effective in the work they do than international courts". However, the national, regional and international regimes all share a common goal in protecting …

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A Scientific Approach To Intellectual Property And Health: Innovation, Access, And A Forgotten Corner Of The Universal Declaration Of Human Rights, 13 J. Marshall Rev. Intell. Prop. L. 794 (2014), Adam Houston Jan 2014

A Scientific Approach To Intellectual Property And Health: Innovation, Access, And A Forgotten Corner Of The Universal Declaration Of Human Rights, 13 J. Marshall Rev. Intell. Prop. L. 794 (2014), Adam Houston

UIC Review of Intellectual Property Law

For years, there has been vigorous debate over the relationship between intellectual property and health, especially in the context of pharmaceutical patents. Despite numerous attempts to strike a balance between innovation and access, however, few have looked to Article 27 of the Universal Declaration of Human Rights for guidance. Article 27, and its further elaboration and codification under Article 15 of the International Covenant on Economic, Social, and Cultural Rights, explicitly address this balance by pairing the right of everyone “to share in scientific advancement and its benefits” with a similarly universal right of authors to “material interests resulting” from …

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From Kiobel Back To Structural Reform: The Hidden Legacy Of Holocaust Restitution Litigation, Leora Bilsky, Rodger D. Citron, Natalie R. Davidson Jan 2014

From Kiobel Back To Structural Reform: The Hidden Legacy Of Holocaust Restitution Litigation, Leora Bilsky, Rodger D. Citron, Natalie R. Davidson

Scholarly Works

This paper offers a new approach to the issue of transnational corporate liability for human rights violations and more generally an inquiry into the place of domestic legal experiences in theorizing about transnational law. Grounded in a study of the Holocaust restitution litigation of the 1990s, we explain corporate liability as a type of bureaucratic liability and explore in depth the relationship between the Holocaust litigation and the theory of structural reform litigation developed in the U.S. to address the bureaucratic structure of rights violations. We read the restitution litigation in light of pluralist reformulations of structural reform, in which …

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Ending Silence: Demanding Safety From Sexual Assault - I Reported, Brenda V. Smith, Caleb J. Bess, Rebecca I. Heinsen, Jaime V. Yarussi, Michael J. Auger Jan 2014

Ending Silence: Demanding Safety From Sexual Assault - I Reported, Brenda V. Smith, Caleb J. Bess, Rebecca I. Heinsen, Jaime V. Yarussi, Michael J. Auger

Research Reports & White Papers

Ending Silence: Demanding Safety from Sexual Assault & Youth Speaking Up about Sexual Abuse in Custody are a series of graphic novels for adult and juvenile inmates in custodial settings. These graphic novels are intended to educate inmates about how to identify and address incidents of sexual assault. The plot lines in these graphic novels dramatize situations we know occur in custodial settings. The use of graphic novels in community education projects is well established. By presenting information through an illustrative medium, these novels aim to disseminate information about the sexual abuse reporting process to inmates at all literacy levels. …

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Introduction: Gender In Refugee Law: From The Margins To The Centre, Efrat Arbel, Catherine Dauvergne, Jenni Millbank Jan 2014

Introduction: Gender In Refugee Law: From The Margins To The Centre, Efrat Arbel, Catherine Dauvergne, Jenni Millbank

All Faculty Publications

Questions of gender have strongly influenced the development of international refugee law over the last few decades. This volume assesses the progress towards appropriate recognition of gender-related persecution in refugee law. It documents the advances made following intense advocacy around the world in the 1990s, and evaluates the extent to which gender has been successfully integrated into refugee law. Evaluating the research and advocacy agendas for gender in refugee law ten years beyond the 2002 UNHCR Gender Guidelines, the book investigates the current status of gender in refugee law. It examines gender-related persecution claims of both women and men, including …

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An Expanding Human Rights Corpus: Sexual Minority Rights As International Human Rights, Xavier B. Lutchmie Persad Jan 2014

An Expanding Human Rights Corpus: Sexual Minority Rights As International Human Rights, Xavier B. Lutchmie Persad

Cardozo Journal of Equal Rights & Social Justice

The article argues that sexual minorities are entitled to equal rights under principles of human dignity, equality, and non-discrimination. While international human rights frameworks like the Universal Declaration of Human Rights (UDHR) and regional systems, particularly the European Union’s Charter of Fundamental Rights, provide some protections, sexual minorities remain vulnerable due to the lack of explicit inclusion in most treaties. The European Court of Human Rights (ECtHR) and the UN Human Rights Committee (HRC) have advanced protections through jurisprudence, but significant gaps persist, especially for transgender and intersex individuals. The article advocates for a specialized treaty to address these disparities …

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