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Human Rights Law

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Full-Text Articles in Social and Behavioral Sciences

Who Says Human Rights Are Not Respected? A Cross-National Comparison Of Objective And Subjective Ratings, Rob Clark Feb 2021

Who Says Human Rights Are Not Respected? A Cross-National Comparison Of Objective And Subjective Ratings, Rob Clark

Societies Without Borders

Country ratings of human rights conditions are now quite popular in macro comparative analysis. However, little is known as to whether (or to what extent) these scores correspond with mass sentiment in each country. Do “objective” ratings from the Political Terror Scale (PTS) and the Cingranelli-Richards index (CIRI) correspond with “subjective” ratings issued by the public? In this study, I answer this question, drawing from the most recent wave of the World Values Survey (2010 – 2014), in which respondents from 59 countries are asked to assess the level of respect for individual human rights in their country. The findings …


Rainbows For Rights: The Role Of Lgbt Activism In Gay Rights Promotion, Victor Asal, Amanda Murdie 8495795, Udi Sommer Feb 2021

Rainbows For Rights: The Role Of Lgbt Activism In Gay Rights Promotion, Victor Asal, Amanda Murdie 8495795, Udi Sommer

Societies Without Borders

Are advocacy efforts successful in improving the de jure rights of sexual minorities? In this paper, we argue that the lesbian, gay, bisexual, and transgender (LGBT) rights NGO movement has been a powerful force in the struggle against sexual discrimination. However, the work of LGBT organizations is much harder in areas of the world where pre-existing public attitudes are not supportive of the rights in question. By focusing on the issue of sexual minority rights, we are able to see how underlying public attitude divergence on a human rights issue can influence advocacy success. We test the implications of our …


International Differences In Support For Human Rights, Sam Mcfarland Ph. D. Feb 2021

International Differences In Support For Human Rights, Sam Mcfarland Ph. D.

Societies Without Borders

International differences in support for human rights are reviewed. The first of two sections reviews variations in the strength of ratification of UN human rights treaties, followed by an examination of the commonalities and relative strengths among the five regional human rights systems. This review indicates that internationally the strongest human rights support is found in Europe and the Americas, with weaker support in Africa, followed by still weaker support in the Arab Union and Southeast Asia. The second section reviews variations in responses to public opinion polls on a number of civil and economic rights. A strong coherence in …


The Facets Of Transitional Justice And 'Red Terror' Mass Trials Of Derg Officials In Post-1991 Ethiopia: Reassessing Its Achievements And Pitfalls, Kinkino Kia Legide Feb 2021

The Facets Of Transitional Justice And 'Red Terror' Mass Trials Of Derg Officials In Post-1991 Ethiopia: Reassessing Its Achievements And Pitfalls, Kinkino Kia Legide

Journal of African Conflicts and Peace Studies

At the end of the state perpetrated largescale violence, two important puzzling questions need to be addressed by post-conflict states. The first one chiefly concern how to ensure accountability or fight impunity, and the second is concerned with how to transform a society wrecked by prolonged conflicts into a durable peace in a non-violent means (Jarstad & Sisk, 2008). One such effort to deal with these questions was implementation of a transitional justice measures which evolved to encompass broader themes in addition to criminal accountability and it has shown a considerable relevance and expansion since the end of Cold War. …


Murders In The German Sex Trade: 1920 To 2017, Manuela Schon, Anna Hoheide Jan 2021

Murders In The German Sex Trade: 1920 To 2017, Manuela Schon, Anna Hoheide

Dignity: A Journal of Analysis of Exploitation and Violence

This research report is the result of collecting and evaluating data on cases of homicides and attempted homicides in the German sex trade from 1920-2017. The findings show violence against prostituted women and the attitudes of the sex buyers who commit most of the violent acts against the women. The report discusses the media coverage of murder cases, complication of cases, and a critique of methods of criminal evaluation by the police. From 1920 to 2017, 272 victims of murder and attempted murder were identified. Liberalization of prostitution occurred in 2002. From then until 2017, there is a decrease in …


Acid Attacks In India: A Socio-Legal Report, Vidhik Kumar Jan 2021

Acid Attacks In India: A Socio-Legal Report, Vidhik Kumar

Dignity: A Journal of Analysis of Exploitation and Violence

India has the highest number of acid attacks globally every year, and despite the actions taken by the Indian Government and the Supreme Court of India, the crime is on the rise. This increase can be attributed to the patriarchal ideology that is prevalent in India and to India’s inadequate legal system, which does not deliver efficient remedies to the victims. This article will discuss the prevalence of acid attacks in India, motives behind the attacks, consequences on victims, and shortcomings in measures adopted to prevent the crime and provide justice to victims.


"If Consent Is Bought, It Is Not Freely Chosen": Compromised Consent In Prostituted Sex In Ireland, Ivana Bacik Dec 2020

"If Consent Is Bought, It Is Not Freely Chosen": Compromised Consent In Prostituted Sex In Ireland, Ivana Bacik

Dignity: A Journal of Analysis of Exploitation and Violence

This article offers feminist arguments for the reconsideration of consent as a legal concept, informed by insights gained through the work of the #MeToo movement and other feminist campaigns. It suggests that consent may be seen as legally compromised in certain contexts of structured gender inequality, such as domestic violence, workplace sexual harassment, and prostitution. The legal understanding of consent in such contexts is antithetical to the conception of consent as “freely and voluntarily” given within a mutual sexual relationship. This understanding of consent underpins the recent introduction of the Nordic model approach into Irish law through the Criminal Law …


Survivor: An Analysis Of The Term From India, Pravin Patkar Dec 2020

Survivor: An Analysis Of The Term From India, Pravin Patkar

Dignity: A Journal of Analysis of Exploitation and Violence

This article discusses the need for greater conceptual clarity of the term survivor. It raises questions about the propriety of the term to refer to the victims of sex trafficking. It points out that in the Indian context, the term victim is legally and operationally defined. It cautions against the hasty incorporation of the term survivor into public policies addressing the trafficked victims' problems. Different social platforms use the term survivor differently, and the difference is not nominal. The use of the term survivor is both casual as well as intentional. The term survivor trivializes the exploitation and makes invisible …


The Female Face Of Misogyny: A Review Of Decriminalizing Domestic Violence: A Balanced Policy Approach To Intimate Partner Violence By Leigh Goodmark And The Feminist War On Crime: The Unexpected Role Of Women's Liberation In Mass Incarceration By Aya Gruber, Dianne L. Post Dec 2020

The Female Face Of Misogyny: A Review Of Decriminalizing Domestic Violence: A Balanced Policy Approach To Intimate Partner Violence By Leigh Goodmark And The Feminist War On Crime: The Unexpected Role Of Women's Liberation In Mass Incarceration By Aya Gruber, Dianne L. Post

Dignity: A Journal of Analysis of Exploitation and Violence

No abstract provided.


Social Networks And The Political Participation Of Moroccan Youths In The 2015 Communal And Regional Elections., Redwan Qutbi Nov 2020

Social Networks And The Political Participation Of Moroccan Youths In The 2015 Communal And Regional Elections., Redwan Qutbi

Journal of the Arab American University مجلة الجامعة العربية الامريكية للبحوث

This study aimed at identifying the use of social networking among university youths and its relation to the political participation in the regional and communal elections held in Morocco in September in 2015. The researcher used the descriptive approach and relied on the questionnaire as an instrument for data collection. The sample of the study, made up of 400 elements, was randomly chosen. The findings showed that the youth’s use of social networking focused mainly on the events of the 2015 Moroccan communal and regional elections. The findings also showed that political gratification and monitoring of the electoral process and …


Violence Against Woman With Motor And Sensory Disability In The Jordanian Society (Quantitative Field Study), Hadeel Abu Hayyana Nov 2020

Violence Against Woman With Motor And Sensory Disability In The Jordanian Society (Quantitative Field Study), Hadeel Abu Hayyana

Journal of the Arab American University مجلة الجامعة العربية الامريكية للبحوث

This study aims at investigating the reality of violence against women with disabilities in its different types and forms (family violence, societal violence, self-violence), as well as the psychological and social effects of that violence, in addition to the responses of women with disabilities to the violence practiced against them.

In order to achieve the study goals, the researcher adopted the quantitative research method, which was applied to a sample of women consisting of (102) women with motor and sensory disability, who benefit from the services of societies and centers specialized in their disabilities, in the city of Amman by …


Policing In A Democratic Constitution, Michael Wasco Oct 2020

Policing In A Democratic Constitution, Michael Wasco

Indiana Journal of Constitutional Design

Most constitutions contain provisions relating to or impacting policing. Separate from the armed forces and intelligence services, the police are the state’s internal security apparatus, and codifying issues related to policing within a constitution can ensure efficient service delivery and human rights protections.

Originating from the Libyan constitution making process, this paper provides a taxonomy of options for constitution drafters and scholars. More so than other issues, such as separation of powers or human rights protections generally, policing sections are very country specific. While not advocating for specific best practices, the work gives ample justifications for certain policing principles and …


It Is Time To Get Back To Basics On The Border, Donna Coltharp Oct 2020

It Is Time To Get Back To Basics On The Border, Donna Coltharp

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming.


Making The Case For Genocide, The Forced Sterilization Of Indigenous Peoples Of Peru, Ñusta P. Carranza Ko Sep 2020

Making The Case For Genocide, The Forced Sterilization Of Indigenous Peoples Of Peru, Ñusta P. Carranza Ko

Genocide Studies and Prevention: An International Journal

Peru’s national health program Programa de Salud Reproductiva y Planificación Familiar (PSRPF) aimed to uphold women’s reproductive rights and address the scarcity in maternity related services. Despite these objectives, during PSRPF’s implementation the respect for women’s rights were undermined with the forced sterilization of women predominantly of indigenous, poor, and rural backgrounds. This study considers the forced sterilization of indigenous women as a genocide. Making the case for genocide has not been done previously with this particular case. Using the normative markers of the Genocide Convention, this study categorically sets forced sterilization victims from the state-led-policy as victims of genocide, …


Human Supremacy As Posthuman Risk, Daniel Estrada Jul 2020

Human Supremacy As Posthuman Risk, Daniel Estrada

The Journal of Sociotechnical Critique

Human supremacy is the widely held view that human interests ought to be privileged over other interests as a matter of ethics and public policy. Posthumanism is the historical situation characterized by a critical reevaluation of anthropocentrist theory and practice. This paper draws on animal studies, critical posthumanism, and the critique of ideal theory in Charles Mills and Serene Khader to address the appeal to human supremacist rhetoric in AI ethics and policy discussions, particularly in the work of Joanna Bryson. This analysis identifies a specific risk posed by human supremacist policy in a posthuman context, namely the classification of …


A Logistic Regression Analysis Of Life Satisfaction Amongst African Immigrants In Hamilton, Canada, Boadi Agyekum Jul 2020

A Logistic Regression Analysis Of Life Satisfaction Amongst African Immigrants In Hamilton, Canada, Boadi Agyekum

Societies Without Borders

Many minority immigrants currently face severe human rights violation through discrimination and racism, influencing how they rate their life satisfaction in their host destinations. This paper examines the factors that affect African immigrants’ life satisfaction in a mid-sized Canadian city. Using a combination of descriptive and multivariate methods applied on a sample survey (n=236) conducted in Hamilton, Ontario, this article investigates socio-demographic and health-related factors that predict life satisfaction amongst African immigrants, specifically, Ghanaians and Somalis. Findings suggest that Ghanaian immigrants reported greater life satisfaction than their Somali counterparts. People with residency in Canada over 10 years are more likely …


A Difficult Time, Brian Gran Phd Jul 2020

A Difficult Time, Brian Gran Phd

Societies Without Borders

No abstract provided.


Independent Children's Rights Institutions: Their Contribution To Human Rights Of Children, Agnes Lux Phd Jul 2020

Independent Children's Rights Institutions: Their Contribution To Human Rights Of Children, Agnes Lux Phd

Societies Without Borders

No abstract provided.


"How Can You Be Against Children's Rights?", Margrét María Sigurðardóttir Jul 2020

"How Can You Be Against Children's Rights?", Margrét María Sigurðardóttir

Societies Without Borders

No abstract provided.


Children's Ombudspersons In The United States, Brian Gran Phd Jul 2020

Children's Ombudspersons In The United States, Brian Gran Phd

Societies Without Borders

In the one country whose national government has failed to ratify the UN Convention on the Rights of the Child, offices of children’s ombudspersons have been established across the United States. This essay will describe these offices, their work and independence, and how strengthening these offices will lead to stronger enforcement of children’s rights. This essay will follow up on a proposal Howard Davidson of the American Bar Association made to establish a national office of children’s ombudsperson for the United States.


Independent Children's Human Rights Institutions 'In The Middle' Between Local And Global Perspective, Roberta Ruggiero Phd, Karl Hanson Phd Jul 2020

Independent Children's Human Rights Institutions 'In The Middle' Between Local And Global Perspective, Roberta Ruggiero Phd, Karl Hanson Phd

Societies Without Borders

Independent children’s human rights institutions (ICHRIs) developed rapidly worldwide over the last three decades. Their implementation was aided by the adoption of the Convention on the Rights of the Child (CRC), the diffusion of participatory practices, and the growth of children’s rights advocacy. In addition, ICHRIs are supported by the emergence and subsequent consolidation of children’s rights studies as a field within academia, and the increase of political will to further develop evidence-based policies dedicated to children. This article will explore the positioning of ICHRIs between the local and the global, especially regarding trends towards decentralisation of State structures as …


A Champion For Children, Reidar Hjermann Phd Jul 2020

A Champion For Children, Reidar Hjermann Phd

Societies Without Borders

No abstract provided.


15 Years As A Public Defender Of Children's Rights In Greece, George Moschos Jul 2020

15 Years As A Public Defender Of Children's Rights In Greece, George Moschos

Societies Without Borders

No abstract provided.


Institution Of Dowry In India: A Theoretical Inquiry, Suparna Soni Phd Jul 2020

Institution Of Dowry In India: A Theoretical Inquiry, Suparna Soni Phd

Societies Without Borders

Originally conceived as a voluntary marriage gift, dowry has developed into an obligatory payment by the bride’s family to the groom’s family. Moreover, the institution of dowry has persisted even in the face of legal prohibition. Though women substantially contribute to the economic wellbeing of a family, the legitimization of dowry typically reflects the cultural bias of the marriage market, in which a woman’s value is either discounted or taken for granted. Ironically, existing studies also tend to implicitly accept this prevailing cultural bias of the marriage market. The existing literature can be categorized into two groups. While some studies …


Independent Children's Rights Institutions As Facilitators Of Dialogue Between Children And The State: An Opportunity For Mutual Empowerment?, Sara Imanian Phd, Nigel Patrick Thomas Phd Jul 2020

Independent Children's Rights Institutions As Facilitators Of Dialogue Between Children And The State: An Opportunity For Mutual Empowerment?, Sara Imanian Phd, Nigel Patrick Thomas Phd

Societies Without Borders

The role of independent children’s rights institutions is a multifaceted one, which can lead them to be pulled in many different directions. For most such institutions the Convention on the Rights of the Child (CRC) provides a fundamental underpinning for their work, and many institutions place particular emphasis on Article 12 and on children’s rights to participation more generally. At the same time a principal focus of activity is on influencing law and policy in their national jurisdictions. In this paper we explore some ways in which these separate objectives can be combined in ways that challenge, or at least …


“Do My Complaints Matter?" Child Participation And Child-Friendliness Of Complaint Mechanisms In European Independent Children's Rights Institutions, Agnes Lux Phd Jul 2020

“Do My Complaints Matter?" Child Participation And Child-Friendliness Of Complaint Mechanisms In European Independent Children's Rights Institutions, Agnes Lux Phd

Societies Without Borders

The protection of children’s rights is an obvious task of independent children’s rights institutions (ICRIs), though achieved through a variety of means. Based on the guiding principles of the UN Convention on the Rights of the Child (UN CRC), the best interests of the child must be a primary consideration in protecting these fundamental rights, including the right to be heard. ICRIs carefully examine children’s rights through investigation and research. But are rights-defenders upholding these principles in their own work? In this brief article I examine the requirements of being a child-friendly and participatory ICRI, and through a three-element comparison …


The Detention-To-Deportation Pipeline And Local Policies Of Resistance: A Case Study Of Santa Clara County, California, Matt Bakker Phd Jul 2020

The Detention-To-Deportation Pipeline And Local Policies Of Resistance: A Case Study Of Santa Clara County, California, Matt Bakker Phd

Societies Without Borders

Deportation has reached record levels in the United States over the last decade. A major reason for this is that the federal government began using integrated databases and biometric surveillance technologies to identify deportable migrants whenever they come into contact with law enforcement officials. Implementing this enforcement technology in all jurisdictions across the country, the federal government undermined local inclusionary policies and brought state and local police into the work of federal immigration enforcement. This article examines efforts in one locality – Santa Clara County, California – to limit cooperation with this federal deportation machine. Drawing on documentary evidence and …


Zambian Disability Policy Stakeholder Perspectives On The Ways That International Initiatives Influence Domestic Disability Policies, Shaun Cleaver, Matthew Hunt, Virginia Bond, Raphael Lencucha Jun 2020

Zambian Disability Policy Stakeholder Perspectives On The Ways That International Initiatives Influence Domestic Disability Policies, Shaun Cleaver, Matthew Hunt, Virginia Bond, Raphael Lencucha

Southern African Journal of Policy and Development

Disability has attracted attention in international human rights and development circles and Zambian domestic policy. The purpose of this research was to explore the perceptions of Zambian disability policy stakeholders about the ways that two international initiatives, namely the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) and the Sustainable Development Goals (SDGs), are being reflected in domestic policy. We collected data through semi-structured interviews with 22 policy stakeholders (12 disability advocates and 10 policymakers) and analysed these data using thematic analysis. The UNCRPD was perceived to be progressively integrated into Zambian disability policy although insufficiently implemented …


Toward Trauma-Informed Professional Practices: What Legal Advocates And Journalists Can Learn From Each Other And Survivors Of Human Trafficking, Kirsten Foot Ph.D. Jun 2020

Toward Trauma-Informed Professional Practices: What Legal Advocates And Journalists Can Learn From Each Other And Survivors Of Human Trafficking, Kirsten Foot Ph.D.

Georgia State University Law Review

Developments in the fields of law and journalism during the last two decades have led to greater awareness of the need for trauma-informed practices vis-à-vis survivors of violence, and correspondingly, the emergence of pedagogical resources for legal advocates and journalists. Due to traditional disciplinary silos, extant resources on trauma-informed practices in each field have been authored in relative isolation from each other, i.e., guides for legal advocates have been blind to guides for journalists and vice versa. This Article demonstrates that despite the obvious differences between lawyering and journalism, professionals in these two fields share some of the same aims …


Uncovering The "Hidden Crime" Of Human Trafficking By Empowering Individuals To Respond, Laura Shoop Jun 2020

Uncovering The "Hidden Crime" Of Human Trafficking By Empowering Individuals To Respond, Laura Shoop

Georgia State University Law Review

This Note will examine current state law promoting awareness of human trafficking and identification of trafficking survivors in the United States and make recommendations as to what further measures, if any, state legislators should take to increase awareness, identification, and reporting of human trafficking. Part I explains the history and development of human trafficking legislation at the federal and state levels. Part II analyzes the methods that states currently use to promote public awareness and identification. Part III discusses a proposal for amending current state law to better encourage and facilitate awareness of human trafficking and the identification and reporting …