Open Access. Powered by Scholars. Published by Universities.®

Law and Gender Commons™

Open Access. Powered by Scholars. Published by Universities.®

Human Rights Law

Institution
Keyword
Publication Year
Publication
Publication Type
File Type

Articles 961 - 990 of 1084

Full-Text Articles in Law and Gender

Violence Against Women In The International Community - Introduction, Maria Lugones Oct 1999

Violence Against Women In The International Community - Introduction, Maria Lugones

Cardozo Journal of International and Comparative Law

The article argues that violence against women is not a monolithic phenomenon but rather a diverse set of practices deeply embedded in social, political, and cultural contexts. It critiques the tendency to homogenize these practices and emphasizes the need to understand their specific aims, norms, and techniques to develop effective solutions. The analysis highlights how violence against women is constitutive of broader social organizations and structures, requiring a nuanced approach that goes beyond framing it solely as a human rights violation.

Go to article

The Witch Camps In Northern Ghana, Ernest Teye-Topey Oct 1999

The Witch Camps In Northern Ghana, Ernest Teye-Topey

Cardozo Journal of International and Comparative Law

The article examines the systemic human rights violations against elderly women in Northern Ghana, who are accused of witchcraft and subjected to dehumanizing treatment in witch camps. These women face physical abuse, servitude, and social exclusion, perpetuated by cultural beliefs and traditional practices. The article highlights the efforts of human rights organizations and legal bodies to address this issue but emphasizes the need for comprehensive solutions to protect these women and challenge deeply entrenched cultural norms.

Go to article

Combating Domestic Violence Through Positive International Action In The International Community And In The United Kingdom, India, And Africa, Subrata Paul Oct 1999

Combating Domestic Violence Through Positive International Action In The International Community And In The United Kingdom, India, And Africa, Subrata Paul

Cardozo Journal of International and Comparative Law

The article examines the global efforts to combat domestic violence, highlighting the role of international actions and specific initiatives in the United Kingdom, India, and Africa. It emphasizes the importance of legal reforms, awareness campaigns, and the involvement of women's organizations in addressing this issue. The analysis underscores the slow but significant progress made, stressing that societal change is essential for eradicating domestic violence.

Go to article

Women, Violence, And Gang Rape In Indonesia, Rudiah Primariantari Oct 1999

Women, Violence, And Gang Rape In Indonesia, Rudiah Primariantari

Cardozo Journal of International and Comparative Law

The article argues that the gang rapes of Chinese women during the May 1998 Jakarta riots were not spontaneous acts of violence but rather a deliberate strategy of political control and terror. It critiques the Indonesian government's denial and cover-up of these crimes, as well as its efforts to discredit human rights investigations. The analysis highlights how rape was used as a tool to instill fear and maintain power, while the government prioritized protecting its elite interests over justice and accountability.

Go to article

Let's Plead For Justice And Pray For Healing, Irene Chu Sep 1999

Let's Plead For Justice And Pray For Healing, Irene Chu

Buffalo Women's Law Journal

No abstract provided.

Go to article

Women's Human Rights And "Honor Killings" In Islamic Cultures, Yolanda Asamoah-Wade Sep 1999

Women's Human Rights And "Honor Killings" In Islamic Cultures, Yolanda Asamoah-Wade

Buffalo Women's Law Journal

No abstract provided.

Go to article

The Past, Present, And Future Of International Trafficking In Women For Prostitution, Michelle O. P. Dunbar Sep 1999

The Past, Present, And Future Of International Trafficking In Women For Prostitution, Michelle O. P. Dunbar

Buffalo Women's Law Journal

No abstract provided.

Go to article

Markets And Women's International Human Rights, Elizabeth M. Schneider Jan 1999

Markets And Women's International Human Rights, Elizabeth M. Schneider

Faculty Scholarship

No abstract provided.

Go to article

The Health Care Crisis Facing Women Under Taliban Rule In Afghanistan, Stephanie Dubitsky Jan 1999

The Health Care Crisis Facing Women Under Taliban Rule In Afghanistan, Stephanie Dubitsky

Human Rights Brief

No abstract provided.

Go to article

Women In The New Millennium: The Promises Of The Past Are Now The Problems For The Millennium, Lundy Langston Jan 1999

Women In The New Millennium: The Promises Of The Past Are Now The Problems For The Millennium, Lundy Langston

Journal Publications

In this Article, I will explore the roles of women and the expectations that society maintains for them in the past and the expectations for the present and future. As we enter the millennium, the courts appear to administer the law in the same way as laws were administered prior to the women's rights movement. Judges appear to implement notions of equal rights while society attaches the notions of the "difference group" without any special treatment for the dual roles. Something interesting appears to be happening to the dual roles of women. There is one standard stating that women must …

Go to article

Violence Against Women In South Africa: The Role Of Culture And The Limitations Of The Law, Penelope Andrews Jan 1999

Violence Against Women In South Africa: The Role Of Culture And The Limitations Of The Law, Penelope Andrews

Articles & Chapters

This paper describes the role of culture in perpetuating violence against women. It does this by contextualizing violence against women in South Africa within the grand project of transformation taking place there, and highlighting the possibilities of fundamental restructuring, with respect to rights and equality for women, when the feminist project intersects with the non-racial project. The paper, therefore, visits a familiar question, namely, the obstacles to transformation when the eradication of racism takes precedence over the elimination of sexism, as it historically has in South Africa. In addition, this paper describes recent attempts by the legislature and courts in …

Go to article

Commentaries, Paul Magnarella Jan 1999

Commentaries, Paul Magnarella

Cardozo Journal of International and Comparative Law

Symposium: Cannibal Democracies: Human Rights and Democracy in Turkey

Go to article

A Broken Promise: The Continued Use Of Virginity Control Examinations In Turkey, D. Christopher Decker Sep 1998

A Broken Promise: The Continued Use Of Virginity Control Examinations In Turkey, D. Christopher Decker

Buffalo Human Rights Law Review

No abstract provided.

Go to article

Essay: Cleaning Our Own House: "Exotic" And Familial Human Rights Violations, Hope Lewis, Isabelle R. Gunning Sep 1998

Essay: Cleaning Our Own House: "Exotic" And Familial Human Rights Violations, Hope Lewis, Isabelle R. Gunning

Buffalo Human Rights Law Review

No abstract provided.

Go to article

Female Circumcision In The Modern Age: Should Female Circumcision Now Be Considered Grounds For Asylum In The United States, Gregory A. Kelson Sep 1998

Female Circumcision In The Modern Age: Should Female Circumcision Now Be Considered Grounds For Asylum In The United States, Gregory A. Kelson

Buffalo Human Rights Law Review

No abstract provided.

Go to article

The Legal Status Of Women In Croatia: A Report On The Activities Of Legaline, A Telephone Service Providing Legal Advice To Women, B.A.B.E. Jan 1998

The Legal Status Of Women In Croatia: A Report On The Activities Of Legaline, A Telephone Service Providing Legal Advice To Women, B.A.B.E.

Circles: Buffalo Women's Journal of Law and Social Policy

No abstract provided.

Go to article

Regarding Rights: An Essay Honoring The Fiftieth Anniversary Of The Universal Declaration Of Human Rights Introduction: Locating Culture, Identity, And Human Rights Symposium In Celebration Of The Fiftieth Anniversary Of The Universal Declaration Of Human Rights, Tracy E. Higgins Jan 1998

Regarding Rights: An Essay Honoring The Fiftieth Anniversary Of The Universal Declaration Of Human Rights Introduction: Locating Culture, Identity, And Human Rights Symposium In Celebration Of The Fiftieth Anniversary Of The Universal Declaration Of Human Rights, Tracy E. Higgins

Faculty Scholarship

The half-century since the drafting of the Universal Declaration of Human Rights' has been famously heralded as the "Age of Rights" and the concept of human rights described as "the only political-moral idea that has gained universal acceptance." During the same period, however, both terms defining the subject-human and rights-have become increasingly contested. Informed by the emergence of identity-based political movements, critics have attacked the category human has as bearing the baggage of Western Enlightenment assumptions about personhood and community, inherently racist, sexist, and classist. Theorists across the political spectrum have criticized the concept of rights as indeterminate, destructive of …

Go to article

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.

Go to article

Marriage Contracts And The Family Economy, Katharine B. Silbaugh Jan 1998

Marriage Contracts And The Family Economy, Katharine B. Silbaugh

Faculty Scholarship

One simplified view of contract law is that the state enforces private bargains without looking into the substance of those bargains. From this contractual perspective marriage might look like a contract to exchange services and goods: love, money, the ability to have and raise children, housework, sex, emotional support, physical care in times of sickness, entertainment and so forth. But when the parties to a marriage put these terms in writing, courts only enforce the provisions governing money. This contract/family law rule of selective enforcement disproportionately benefits those who bring more money to a marriage, who are more likely to …

Go to article

Sexual Assault Issues Before The War Crimes Tribunal, Diane Orentlicher Jan 1997

Sexual Assault Issues Before The War Crimes Tribunal, Diane Orentlicher

Human Rights Brief

No abstract provided.

Go to article

International Human Rights Standards On Sexual Violence Against Women As They Apply To Pornography, Claudia Giunta Jan 1997

International Human Rights Standards On Sexual Violence Against Women As They Apply To Pornography, Claudia Giunta

LLM Theses and Essays

The United Nations Fourth World Conference on Women was held in Beijing in September 1995, and represented an important step towards the achievement of equality for women. At the Conference, the progress made towards equality was acknowledged, but it was also acknowledged that many goals have not been achieved yet, and that cultural changes of fundamental importance remain to be made. Indeed, in many countries the cultural approach to violence and discrimination against women is quite fatalistic; they believe violence against women cannot be solved by laws. However, this approach overlooks the role played by societies in tolerating practices of …

Go to article

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 …

Go to article

Violence Against Aboriginal Women In Australia: Possibilities For Redress Within The International Human Rights Framework, Penelope Andrews Jan 1997

Violence Against Aboriginal Women In Australia: Possibilities For Redress Within The International Human Rights Framework, Penelope Andrews

Articles & Chapters

This Article addresses the issue of violence against Aboriginal women. Part I concerns the historical violenceagainst Aboriginal people generally, and Part II concerns violence against Aboriginal women in particular. Part III considers how the priorities and perspectives of Aboriginal women and non-Aboriginal women differ insignificant ways despite their congruence in others. In particular, the Article evaluates the awkward relationship between Aboriginal women and the largely white feminist movement in Australia as a consequence of these different priorities and perspectives, and suggests how political victories for white or non-Aboriginal women could be translated into gains for Aboriginal women. The fourth part …

Go to article

Home Is Where The Brute Lives: Asylum Law And Gender-Based Claims Of Persecution, Anjana Bahl Jan 1997

Home Is Where The Brute Lives: Asylum Law And Gender-Based Claims Of Persecution, Anjana Bahl

Cardozo Journal of Equal Rights & Social Justice

The article argues that gender-based persecution should be recognized as a valid ground for asylum under the refugee definition, emphasizing the need to expand the interpretation of "particular social group" to include women facing persecution due to their gender. It highlights the challenges women face in meeting the legal standards for asylum, particularly under U.S. law, and advocates for a more inclusive framework to address gender-based violence and discrimination.

Go to article

Immigration - Refugee Act Of 1980 - Resistance To Female Circumcision As Grounds For Political Asylum In The United States, Linda A. Malone Jan 1997

Immigration - Refugee Act Of 1980 - Resistance To Female Circumcision As Grounds For Political Asylum In The United States, Linda A. Malone

Faculty Publications

No abstract provided.

Go to article

United States Ratification Of The Convention On The Elimination Of All Forms Of Discrimination Against Women, Malvina Halberstam Jan 1997

United States Ratification Of The Convention On The Elimination Of All Forms Of Discrimination Against Women, Malvina Halberstam

Articles

No abstract provided.

Go to article

Female Genital Mutilation: United States Asylum Laws Are In Need Of Reform, Amy Stern Jan 1997

Female Genital Mutilation: United States Asylum Laws Are In Need Of Reform, Amy Stern

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Go to article

Estranged Fruit: The Reconstruction Amendments, Moral Slavery, And The Rearticulation Of Lesbian And Gay Identity, E. Nathaniel Gates Nov 1996

Estranged Fruit: The Reconstruction Amendments, Moral Slavery, And The Rearticulation Of Lesbian And Gay Identity, E. Nathaniel Gates

Cardozo Law Review

David A.J. Richards has composed a thoughtful and suggestive narrative that centers on the excavation of the antislavery constitutionalism forged by a small, but arguably influential, group of antebellum abolitionist feminists. Central to his narrative, and to the constitutional theses of the abolitionist feminists, is the concept of "moral slavery" which, on Richards' account, constitutes a crucial element of the hermeneutic background essential to a proper interpretation of the Reconstruction Amendments. According to Professor Richards, an understanding of the figure of the abolitionist feminist as a "multiple exile and outcast" who in opposing "moral slavery" played a vital role in …

Go to article

Abolitionist Feminism, Moral Slavery, And The Constitution: “On The Same Platform Of Human Rights”, David A.J. Richards Nov 1996

Abolitionist Feminism, Moral Slavery, And The Constitution: “On The Same Platform Of Human Rights”, David A.J. Richards

Cardozo Law Review

The analogy between race and gender plays an increasingly important role in the interpretation of the Equal Protection Clause of the Fourteenth Amendment. However, interpretive arguments about the analogy make little or no reference to the abolitionist historical background of the Reconstruction Amendments in general and the Fourteenth Amendment in particular. This might make some sense if the only legitimate interpretive appeal to history were Raoul Berger's version of originalism, namely, the specific denoted things (including persons and practices) to which the relevant drafters and ratifiers of the pertinent constitutional text would or would not have applied the language in …

Go to article

The Good Or Goodnesses Of Polity And Polities À La Liberalism: Plurality Rather Than Unicity, Singularity Beyond Plurality, Richard E. Flathman Jul 1996

The Good Or Goodnesses Of Polity And Polities À La Liberalism: Plurality Rather Than Unicity, Singularity Beyond Plurality, Richard E. Flathman

Cardozo Journal of International and Comparative Law

The article critiques traditional liberal pluralism, arguing that it often overlooks the importance of singularity—the unique, self-enacted individuality beyond mere diversity. It advocates for a "willful liberalism" that emphasizes individual freedom and the pursuit of self-defined goals, moving beyond both rationalist uniformity and communitarian group identities. This form of liberalism seeks to balance diversity with a deeper appreciation for individual uniqueness, guided by virtues like civility and courage.

Go to article

First Prev Next Last