Human Rights Law Commons^™

Faith And/In Medicine: Religious And Conscientious Objections To Maid, Daphne Gilbert

Dalhousie Law Journal

Across Canada, health care institutions that operate under the umbrella of religious traditions refuse to offer medical assistance in dying (MAiD) on the grounds that it violates their Charter-protected rights to freedom of religion and conscience. This article analyses the Supreme Court jurisprudence on section 2(a) and concludes that it should not extend to the protection of institutional rights. While the Court has not definitively pronounced a view on this matter, its jurisprudence suggests that any institutional right to freedom of religion would not extend to decisions on publicly-funded and legal health care. MAiD is a constitutionally-protected option for individuals …

Injustice Is An Underlying Condition, Yael Cannon

Georgetown Law Faculty Publications and Other Works

Race, poverty, and zip code serve as critical determinants of a person's health. Research showed the links between these factors and poor health and mortality before COVID-19, and they have only been amplified during this pandemic.

People of color experience higher rates of asthma, heart disease, diabetes, and other chronic conditions. People of color who live in poverty are even more likely to suffer from poor health; they face a “double burden” of health disparities associated with both racial and socioeconomic marginalization. Neighborhoods with concentrated poverty and with residents who are primarily people of color have even faced a life …

A Global Health Action Agenda For The Biden Administration, Lawrence O. Gostin, Donna E. Shalala, Margaret A. Hamburg, Barry R. Bloom, Jeffrey P. Koplan, Barbara K. Rimer, Michelle A. Williams

Georgetown Law Faculty Publications and Other Works

Joe Biden will assume the US presidency at a time of unprecedented global health crises, with the COVID-19 pandemic and major setbacks in reducing poverty, hunger, and disease. The COVID-19 pandemic offers rare opportunities for the US President-elect to spearhead long-overdue structural changes and revitalise global health leadership. Building trust among global partners will be challenging, given the USA's withdrawal from, and disruption of, international cooperation under the presidency of Donald Trump. The USA will have to lead in a different, more collaborative way. Here, we offer a Global Action Agenda for the Biden Administration.

Populist Nationalism Threatens Health And Human Rights In The Covid-19 Response, Caitlin R. Williams, Jocelyn Getgen Kestenbaum, Benjamin Mason Meier

Articles

COVID-19 demands international cooperation, yet populist nationalism is resurgent, threatening public health, human rights, and global governance. In responding to the pandemic, populist nationalism and global solidarity represent distinct paths, with enduring consequences for health and human rights.

Decriminalizing Prostitution: Embracing The Swedish Model By Removing The Mistake-Of-Age Defense From New York’S Stop Violence In The Sex Trade Act, Carley Cooke

Journal of Law and Policy

In recent years, New York has re-focused on the widely debated topic of how to best manage and regulate prostitution in the United States. As a state-level issue, the debate presents an invaluable opportunity to re-examine how New York as a society views sex work. The answer in New York focuses on the idea that sex work is real work, where workers should be able to carry out their profession without stigma or fear of arrest. As it stands, the proposed reform largely focuses on decriminalizing both the purchase and sale of sex. This approach contrasts with the legal structure …

Watching Androids Dream Of Electric Sheep: Immersive Technology, Biometric Psychography, And The Law, Brittan Heller

Vanderbilt Journal of Entertainment & Technology Law

Virtual reality and augmented reality present exceedingly complex privacy issues because of the enhanced user experience and reality-based models. Unlike the issues presented by traditional gaming and social media, immersive technology poses inherent risks, which our legal understanding of biometrics and online harassment is simply not prepared to address. This Article offers five important contributions to this emerging space. It begins by introducing a new area of legal and policy inquiry raised by immersive technology called “biometric psychography.” Second, it explains how immersive technology works to a legal audience and defines concepts that are essential to understanding the risks that …

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

Dignity: A Journal of Analysis of Exploitation and Violence

No abstract provided.

"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 …

Petition Alleging Violations Of The Human Rights Of Lisa Montgomery By The United States Of America And Urgent Request For Precautionary Measures, Sandra L. Babcock, Zohra Ahmed, Veronica Cinibulk, Allison Franz, Gabriela Markolovic, Kelley Henry, Amy D. Harwell, Lisa G. Nouri

Faculty Scholarship

This is a petition filed on behalf of Lisa Montgomery. More about the case, as well as press releases and case documents, can be found on the case page at Cornell Center for Death Penalty Worldwide.

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 …

Dispute Settlement Under The African Continental Free Trade Area Agreement: A Preliminary Assessment, Olabisi D. Akinkugbe

Articles, Book Chapters, & Popular Press

The African Continental Free Trade Area Agreement (AfCFTA) will add a new dispute settlement system to the plethora of judicial mechanisms designed to resolve trade disputes in Africa. Against the discontent of Member States and limited impact the existing highly legalized trade dispute settlement mechanisms have had on regional economic integration in Africa, this paper undertakes a preliminary assessment of the AfCFTA Dispute Settlement Mechanism (DSM). In particular, the paper situates the AfCFTA-DSM in the overall discontent and unsupportive practices of African States with highly legalized dispute settlement systems and similar WTO-Styled DSMs among other shortcomings. Notwithstanding the transplantation of …

Briefing Note: Aligning International Investment Agreements With The Sustainable Development Goals, Lise Johnson, Lisa E. Sachs, Nathan Lobel

Columbia Center on Sustainable Investment Staff Publications

Policy makers and other stakeholders are currently asking fundamental questions about whether and to what extent international investment agreements (IIAs) are consistent with and are helping to advance sustainable development objectives at home and abroad.

A 2019 paper from CCSI examines the alignment of IIAs with the 2030 Sustainable Development Agenda, arguing that while FDI will play an important role in advancing development outcomes, existing treaties must be reformed and future IIAs reimagined in order to achieve deep alignment with the sustainable development goals.

The paper proposes that IIAs should be designed and evaluated with respect to their ability to …

Surrogacy And Human Flourishing, Seow Hon Tan

Research Collection Yong Pung How School Of Law

Opposition to legalizing surrogacy often involves the argument that it commodifies or objectifies women and children. When surrogacy involves consenting parties claiming to benefit from the transaction, commodification- or objectification-based arguments seem unpersuasive. This article argues that new natural law theory offers an alternative case against legalizing surrogacy based on the violation of basic goods of human flourishing, a notion which unpacks afresh what is really at stake in the commodification/objectification arguments. Exploring the new natural law approach through John Finnis’s theory, this article suggests that the new natural law case against surrogacy hinges on the link between childbirth and …

Fraudulent Malattributed Comments In Agency Rulemaking, Michael Herz

Cardozo Law Review

No abstract provided.

Medical Disputes And Conflicting Values: Is There A “Right To Die” Later?, Janet L. Dolgin

BYU Law Review

No abstract provided.

Is The U.S. Government Violating The Safe Conducts Of Noncitizens? How A Turn To Strict Originalism Could Revitalize The Alien Tort Statute, Gabe Cahn

Cardozo Law Review

No abstract provided.

Brief Of Victims Of The Hungarian Holocaust Amici Curiae In Support Of Respondents, Richard H. Weisberg

Amicus Briefs

This amicus curiae brief was submitted on behalf of victims of the Hungarian Holocaust in support of petitioners in case No. 18-1447 before the United States Supreme Court. The brief addresses questions of international law, sovereign immunity, and the rights of Holocaust survivors seeking restitution and legal accountability. It provides historical context and legal arguments relevant to holding foreign states accountable for atrocities committed during World War II.