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Full-Text Articles in Human Rights Law

The Plight Of Kenyan Domestic Workers In Gulf Countries, Caroline Muthoni Gikuru Dec 2013

The Plight Of Kenyan Domestic Workers In Gulf Countries, Caroline Muthoni Gikuru

Master's Theses

Kenya’s economy remains the regional leader within the East African Community (EAC) and among East African countries at large. However, political instability such as the 2007 post-election violence and the region’s social and political instability trickling into Kenya, have negatively affected the country’s economic growth. To bridge the economic gap, Kenyan women are seeking employment in the domestic service sector in the Gulf Countries, with Saudi Arabia being the most popular destination. At their destination countries, some domestic workers are subjected to various forms of abuse by their employers, leaving the worker without recourse due to the lack of legal …


Re-Visiting Homosexuality In Cameroon: Effective Advocacy On The Path From Homophobia To Dignity And Equality, Jean Cedric Ndzomo Dec 2013

Re-Visiting Homosexuality In Cameroon: Effective Advocacy On The Path From Homophobia To Dignity And Equality, Jean Cedric Ndzomo

Master's Theses

Cameroon, one of the countries in the world that continues to criminalize homosexuality, has been on the news recently due to the torture and murder of young journalist and gay activist, Eric Ohena. This paper examines the discrimination faced by the LGBTI community in Cameroon by exploring the origins of homophobic violence, the role played by Cameroon's legal system, and the struggles of LGBTI Cameroonians in their fight for a better life. The analysis includes a review of the work by scholars on colonialism and sexuality in Africa, and questions the roots of violence and abuse against the LGBTI community …


An Insurmountable Obstacle: Denying Deference To The Bia’S Social Visibility Requirement, Kathleen Kersh Dec 2013

An Insurmountable Obstacle: Denying Deference To The Bia’S Social Visibility Requirement, Kathleen Kersh

Michigan Journal of Race and Law

In the last fifteen years, the Board of Immigration Appeals has imposed a requirement that persons seeking asylum based on membership in a particular social group must establish that the social group is “socially visible” throughout society. This Comment argues that the social visibility requirement should be denied administrative deference on several grounds. The requirement should be denied Chevron deference because Congress’s intent behind the Refugee Act of 1980 is clear and unambiguous and, alternatively, the requirement is an impermissible interpretation of the statute. The requirement is also arbitrary and capricious under the Administrative Procedures Act. This Comment argues that …


Women In The Criminal Justice System In Irleand, Mary Rogan Dec 2013

Women In The Criminal Justice System In Irleand, Mary Rogan

Conference Papers

This paper examines the use of imprisonment for women in Ireland.


Introduction: A Global Approach To Reproductive Justice—Psychosocial And Legal Aspects And Implications, Joan C. Chrisler Dec 2013

Introduction: A Global Approach To Reproductive Justice—Psychosocial And Legal Aspects And Implications, Joan C. Chrisler

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


Determinants Of Child And Forced Marriage In Morocco: Stakeholder Perspectives On Health, Policies And Human Rights, Alexia Sabbe, Halima Oulami, Wahiba Zekraoui, Halima Hikmat, Marleen Temmerman, Els Leye Dec 2013

Determinants Of Child And Forced Marriage In Morocco: Stakeholder Perspectives On Health, Policies And Human Rights, Alexia Sabbe, Halima Oulami, Wahiba Zekraoui, Halima Hikmat, Marleen Temmerman, Els Leye

Obstetrics and Gynaecology, East Africa

Background: In Morocco, the social and legal framework surrounding sexual and reproductive health has transformed greatly in the past decade, especially with the introduction of the new Family Law or Moudawana. Yet, despite raising the minimum age of marriage for girls and stipulating equal rights in the family, child and forced marriage is widespread. The objective of this research study was to explore perspectives of a broad range of professionals on factors that contribute to the occurrence of child and forced marriage in Morocco.

Methods: A qualitative approach was used to generate both primary and secondary data for the analysis. …


Case Notes: Dealing With Divergences In Fundamental Rights Standards: Case C-399/11 Stefano Melloni V. Ministerio Fiscal, Maartje De Visser Dec 2013

Case Notes: Dealing With Divergences In Fundamental Rights Standards: Case C-399/11 Stefano Melloni V. Ministerio Fiscal, Maartje De Visser

Research Collection Yong Pung How School Of Law

No abstract provided.


Rios Montt Edges Closer To Escaping Accountability For Genocide, Lauren Carasik Nov 2013

Rios Montt Edges Closer To Escaping Accountability For Genocide, Lauren Carasik

Media Presence

No abstract provided.


The American Dream: Daca, Dreamers, And Comprehensive Immigration Reform, Heather Fathali Nov 2013

The American Dream: Daca, Dreamers, And Comprehensive Immigration Reform, Heather Fathali

Seattle University Law Review

On June 15, 2012, President Obama made an announcement that changed the lives of millions. Effective immediately, the Obama administration would implement a new program—what would come to be known as Deferred Action for Child-hood Arrivals (DACA)—offering eligible undocumented young people both a two-year respite from the haunting possibility of deportation as well as the eligibility to apply for employment authorization. While millions were elated by the President’s announcement, he also faced harsh criticism. Many claimed that his action exceeded federal statutory limits, exceeded his Executive powers, and usurped congressional authority. Still others, anxious to see comprehensive immigration reform implemented, …


The Voice Of Reason—Why Recent Judicial Interpretations Of The Antiterrorism And Effective Death Penalty Act’S Restrictions On Habeas Corpus Are Wrong, Judith L. Ritter Nov 2013

The Voice Of Reason—Why Recent Judicial Interpretations Of The Antiterrorism And Effective Death Penalty Act’S Restrictions On Habeas Corpus Are Wrong, Judith L. Ritter

Seattle University Law Review

By filing a petition for a federal writ of habeas corpus, a prisoner initiates a legal proceeding collateral to the direct appeals process. Federal statutes set forth the procedure and parameters of habeas corpus review. The Antiterrorism and Effective Death Penalty Act (AEDPA) first signed into law by President Clinton in 1996, included significant cut-backs in the availability of federal writs of habeas corpus. This was by congressional design. Yet, despite the dire predictions, for most of the first decade of AEDPA’s reign, the door to habeas relief remained open. More recently, however, the Supreme Court reinterpreted a key portion …


Honduras’ Political Violence Threatens To Undermine Its November Elections, Lauren Carasik Nov 2013

Honduras’ Political Violence Threatens To Undermine Its November Elections, Lauren Carasik

Media Presence

No abstract provided.


Agenda: Free, Prior And Informed Consent: Pathways For A New Millennium, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment, University Of Colorado Boulder. School Of Law. American Indian Law Program Nov 2013

Agenda: Free, Prior And Informed Consent: Pathways For A New Millennium, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment, University Of Colorado Boulder. School Of Law. American Indian Law Program

Free, Prior and Informed Consent: Pathways for a New Millennium (November 1)

Presented by the University of Colorado's American Indian Law Program and the Getches-Wilkinson Center for Natural Resources, Energy & the Environment.

The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), along with treaties, instruments, and decisions of international law, recognizes that indigenous peoples have the right to give "free, prior, and informed consent" to legislation and development affecting their lands, natural resources, and other interests, and to receive remedies for losses of property taken without such consent. With approximately 150 nations, including the United States, endorsing the UNDRIP, this requirement gives rise to emerging standards, obligations, and opportunities …


Indigenous Peoples’ Right Of Free Prior Informed Consent With Respect To Indigenous Lands, Territories And Resources (United Nations Workshop, 17-19 January 2005), Indian Law Resource Center Nov 2013

Indigenous Peoples’ Right Of Free Prior Informed Consent With Respect To Indigenous Lands, Territories And Resources (United Nations Workshop, 17-19 January 2005), Indian Law Resource Center

Free, Prior and Informed Consent: Pathways for a New Millennium (November 1)

3 pages.

U.N. Doc PFII/2004/WS.2/6


Principles Of International Law For Multilateral Development Banks: The Obligation To Respect Human Rights, Robert T. Coulter, Leonardo A. Crippa, Emily Wann Nov 2013

Principles Of International Law For Multilateral Development Banks: The Obligation To Respect Human Rights, Robert T. Coulter, Leonardo A. Crippa, Emily Wann

Free, Prior and Informed Consent: Pathways for a New Millennium (November 1)

41 pages.

"January, 2009"

www.indianlaw.org


Indigenous Peoples’ Right Of Free Prior Informed Consent With Respect To Indigenous Lands, Territories And Resources (June 28, 2010), Indian Law Resource Center Nov 2013

Indigenous Peoples’ Right Of Free Prior Informed Consent With Respect To Indigenous Lands, Territories And Resources (June 28, 2010), Indian Law Resource Center

Free, Prior and Informed Consent: Pathways for a New Millennium (November 1)

3 pages.

"June 28, 2010"


Free, Prior And Informed Consent: Ilo 169 And Undrip, Kelsey Peterson Nov 2013

Free, Prior And Informed Consent: Ilo 169 And Undrip, Kelsey Peterson

Free, Prior and Informed Consent: Pathways for a New Millennium (November 1)

2 pages.

"Kelsey Peterson, American Indian Law Program Fellow, University of Colorado Law School Class of 2015"


Fall Roundtable: Africa And Human Rights, Introduction Nov 2013

Fall Roundtable: Africa And Human Rights, Introduction

Human Rights & Human Welfare

An annotation of:

“Kenya’s Somali Contradiction” Ben Rawlence. Project Syndicate. September 30, 2013.


Leaving A Legacy, Walter Lotze Nov 2013

Leaving A Legacy, Walter Lotze

Human Rights & Human Welfare

The ongoing conflict in Somalia, and the complexities that come with finding lasting solutions to a conflict that has raged for decades now, continue to perplex the international community. While a range of previously tried and tested approaches to conflict management are being applied, it is becoming apparent that the international toolkit for responding to conflict situations of such complexity is extremely limited. Indeed, as one international conference after another on Somalia takes place, compacts are signed and funding windows established, old frameworks are abandoned and new ones are forged, and roadmap after roadmap pave the way for further engagement, …


Somali Battlegrounds: On Interest And Accountability, Ines Mzali Nov 2013

Somali Battlegrounds: On Interest And Accountability, Ines Mzali

Human Rights & Human Welfare

In the wake of the latest and deadliest of Al-Shabab's attacks in Kenya since Kenyan troops entered Somalia in October 2011, Ben Rawlence reiterates the question raised anew by each attack: "What is Kenya doing in Somalia and is it worth the price?" The question leads him to explore the contradiction between the official objectives of the mission and Kenya's particular motivations to launch an offensive of its own. This problematic discrepancy also draws attention to the question of accountability when violations of international humanitarian law have occurred in the context of a military operation by a neighboring country and …


Table Of Contents Nov 2013

Table Of Contents

Seattle Journal for Social Justice

No abstract provided.


Fifty Years After Gideon: It Is Long Past Time To Provide Lawyers For Misdemeanor Defendants Who Cannot Afford To Hire Their Own, Robert C. Boruchowitz Nov 2013

Fifty Years After Gideon: It Is Long Past Time To Provide Lawyers For Misdemeanor Defendants Who Cannot Afford To Hire Their Own, Robert C. Boruchowitz

Seattle Journal for Social Justice

No abstract provided.


Legal Financial Obligations: Fulfilling The Promise Of Gideon By Reducing The Burden, Travis Stearns Nov 2013

Legal Financial Obligations: Fulfilling The Promise Of Gideon By Reducing The Burden, Travis Stearns

Seattle Journal for Social Justice

No abstract provided.


Does The Right To Counsel On Appeal End As You Exit The Court Of Appeals?, Nancy P. Collins Nov 2013

Does The Right To Counsel On Appeal End As You Exit The Court Of Appeals?, Nancy P. Collins

Seattle Journal for Social Justice

No abstract provided.


The Undersigned Attorney Hereby Certifies -- The Washington Supreme Court Rule On Standards And Its Implications, Justice Sheryl Gordon Mccloud, Justice Susan Owens, Marc Boman, Joanne Moore Nov 2013

The Undersigned Attorney Hereby Certifies -- The Washington Supreme Court Rule On Standards And Its Implications, Justice Sheryl Gordon Mccloud, Justice Susan Owens, Marc Boman, Joanne Moore

Seattle Journal for Social Justice

No abstract provided.


G Forces: Gideon V. Wainwright And Matthew Adler's Move Beyond Cost-Benefit Analysis, Janet Moore Nov 2013

G Forces: Gideon V. Wainwright And Matthew Adler's Move Beyond Cost-Benefit Analysis, Janet Moore

Seattle Journal for Social Justice

No abstract provided.


Dark Medicine: How The National Research Act Has Failed To Address Racist Practices In Biomedical Experiments Targeting The African-American Community, Anietie Maureen-Ann Akpan Nov 2013

Dark Medicine: How The National Research Act Has Failed To Address Racist Practices In Biomedical Experiments Targeting The African-American Community, Anietie Maureen-Ann Akpan

Seattle Journal for Social Justice

No abstract provided.


Congress' Encroachment On The President's Power In Indian Law And Its Effect On Executive-Order Reservations, Mark R. Carter Jd, Phd Nov 2013

Congress' Encroachment On The President's Power In Indian Law And Its Effect On Executive-Order Reservations, Mark R. Carter Jd, Phd

Seattle Journal for Social Justice

No abstract provided.


Do We Have It Right This Time? An Analysis Of The Accomplishments And Shortcomings Of Washington's Indian Child Welfare Act, Karen Gray Young Nov 2013

Do We Have It Right This Time? An Analysis Of The Accomplishments And Shortcomings Of Washington's Indian Child Welfare Act, Karen Gray Young

Seattle Journal for Social Justice

No abstract provided.


Securing Food Justice, Sovereignty & Sustainability In The Face Of The Food Safety Modernization Act (Fsma), Eve Kerber Nov 2013

Securing Food Justice, Sovereignty & Sustainability In The Face Of The Food Safety Modernization Act (Fsma), Eve Kerber

Seattle Journal for Social Justice

No abstract provided.


Gideon At Fifty -- Golden Anniversary Or Mid Life Crisis, Kim Taylor-Thompson Nov 2013

Gideon At Fifty -- Golden Anniversary Or Mid Life Crisis, Kim Taylor-Thompson

Seattle Journal for Social Justice

No abstract provided.