Social and Behavioral Sciences Commons^™

Who Upholds Your Human Rights When You Are “Stateless?” Why Couldn’T The Un Protect The Rohingya’S Human Rights?, Hyochan Lee

Student Theses and Dissertations

In 2017, genocide in Myanmar took place against the stateless minority Rohingya Muslims. Why couldn’t the UN protect the Rohingya’s human rights? The international community's efforts to oppose these violations against the stateless people have been only passive. Then, who upholds your human rights when you are stateless? Using chronology, historical institutionalism, and process tracing analyses, this thesis (1) evaluates the UN’s legal regime’s systemic design and capabilities in protecting human rights; then (2) identifies the design flaws of our international human rights regime; and lastly, (3) develops a recommendation to protect all people, stateless or not. Based on both …

Baldia Town Factory Inferno: Justice Delayed And Denied, Rabia Bugti

MSJ Capstone Projects

The Baldia Town Factory Fire — as it came to be known — was one of the deadliest incidents in the history of Pakistan — the 9/11 of the country.

Over 260 ill-fated people lost their lives in the garments factory named Ali Enterprises, 16 of whom were charred beyond recognition. In September this year, finally after eight years, the anti-terrorism court announced its verdict (ANTI-TERRORISM COURT, 2017). Two key culprits were sentenced to death and four handed life imprisonment. According to the joint investigation team’s report, the factory was set on fire deliberately by the facilitators of a political …

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.

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 …

"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 …

To What Extent Pakistani Citizens Are Enjoying The Right Of Access To Information? An Exploratory Study, Ammara Yousaf, Khalid Mahmood

Library Philosophy and Practice (e-journal)

The purpose of this study was to explore and explain the provision of the right of access to information (RAI), a remarkable development particularly in the field of human rights and information management in Pakistan. This study has two objectives: (1) to track the practice and propensity of public information officers (PIOs) in providing information under the Punjab Transparency and Right to Information Act, 2013; (2) to examine the perceptions of information seekers in retrieving the information under the Punjab Transparency and Right to Information Act, 2013 (PTRIA, 2013). A mixed-method, sequential design with a parallel database variant was used …

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

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 …

Local Elected Officials’ Receptivity To Refugee Resettlement In The United States, Robert Shaffer, Lauren E. Pinson, Jonathan A. Chu, Beth A. Simmons

All Faculty Scholarship

Local leaders possess significant and growing authority over refugee resettlement, yet we know little about their attitudes toward refugees. In this article, we use a conjoint experiment to evaluate how the attributes of hypothetical refugee groups influence local policymaker receptivity toward refugee resettlement. We sample from a novel, national panel of current local elected officials, who represent a broad range of urban and rural communities across the United States. We find that many local officials favor refugee resettlement regardless of refugee attributes. However, officials are most receptive to refugees whom they perceive as a strong economic and social fit within …

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

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

Abstract forthcoming.

Analyzing The Social Impact Of Gacaca Courts In The Reconciliation Process In Rwanda, Mary Thibodeau

Independent Study Project (ISP) Collection

Restorative justice is often misunderstood by Western academia in the context of community-based justice systems in African nations. The Gacaca courts used in Rwanda after the 1994 genocide against the Tutsi are frequently criticized for their procedures and outcomes. However, a majority of these criticisms come from Western authors without having engaged in conversations with Rwandans and observing the effects of the trials within the nation. The only people who know and understand the impact of the Gacaca courts are Rwandans. I have been researching how the Gacaca trials contributed to homegrown solutions and their impact within communities in Rwanda …

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, …

Oppression Or Occupation: An International Analysis Of Sex Work And Sex Trafficking, Carver Wolfe

International Relations Summer Fellows

Although there is some debate over the exact number of victims of sex trafficking, it is agreed that it is an issue that affects primarily women and girls around the world. This paper will examine modern-day slavery and the unresolved, century-old debate surrounding sex trafficking and sex work. While abolitionists advocate for the total eradication of all sex work, whether it is consensual or not, libertarians support the right to voluntary sex work while condemning the coercion and exploitation that surrounds all forms of trafficking. I will use an analysis of international conventions and will begin a comparative analysis by …

Oppression Or Occupation: Conflicting Views On The Nature Of Sex Work In France And Under International Law, Carver Wolfe

Politics and International Relations Presentations

Although there is some debate over the exact number of victims of sex trafficking, it is agreed upon that it is an issue that affect primarily women and girls around the world. This paper will examine modern day slavery and the unresolved, century-old debate surrounding sex trafficking and sex work. While abolitionists advocate for total eradication of all sex work, whether it is consensual or not, libertarians support the right to voluntary sex work while condemning the coercion and exploitation that surrounds all forms of trafficking. I will use an analysis of international conventions and will begin a comparative analysis …

Privacy And Surveillance In The Workplace: Closing The Electronic Surveillance Gap, Christina Catenacci

Electronic Thesis and Dissertation Repository

This dissertation argues that there is an electronic surveillance gap in the employment context in Canada, a gap that is best understood as an absence of appropriate legal provisions to regulate employers’ electronic surveillance of employees both inside and outside the workplace. This dissertation aims to identify and articulate principles and values that can be used to close the electronic surveillance gap in Canada and suggests that, through the synthesis of social theories of surveillance and privacy, together with analyses of privacy provisions and workplace privacy cases, a new and better workplace privacy regime can be designed. This dissertation uses …

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

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

Societies Without Borders

No abstract provided.

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

Societies Without Borders

No abstract provided.

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

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

Societies Without Borders

No abstract provided.

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

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

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

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

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 …

How Medicalization Of Civil Rights Could Disappoint, Allison K. Hoffman

All Faculty Scholarship

This essay reflects on Craig Konnoth’s recent Article, Medicalization and the New Civil Rights, which is a carefully crafted and thought-provoking description of the refashioning of civil rights claims into medical rights frameworks. He compellingly threads together many intellectual traditions—from antidiscrimination law to disability law to health law—to illustrate the pervasiveness of the phenomenon that he describes and why it might be productive as a tool to advance civil rights.

This response, however, offers several reasons why medicalization may not cure all that ails civil rights litigation’s pains and elaborates on the potential risks of overinvesting in medical rights-seeking. …