Human Rights Law Commons^™

Talking With Women About Community Healing In Uganda And Sierra Leone, Jennifer Moore

Faculty Scholarship

Featuring voices on international law, policy and practice

A Review Of Needs And Challenges Facing Unaccompanied Alien Children (Uac) Released Into U.S. Communities, Dorothy L. Mcleod

Center for the Human Rights of Children

Immigrant children (<18 years) who enter the United States alone and without legal status are defined as unaccompanied alien children (UAC ), according to United States law. Between 2013 and 2015, the number of unaccompanied immigrant children arriving at the United States-Mexico border increased dramatically, reaching a peak of over 55,000 in FY 2014. While a number of research and policy documents detail the movement of youth through the immigration system, little is known about this population after their release to sponsors in the U.S. The current research brief synthesizes the existing research using a multi-disciplinary approach. We have chosen to prioritize peer-reviewed research, but have also included information from governmental and NGO reports. Each of the following sections summarizes the research on a different aspect of youth’s postr-elease adjustment to life in the United States. We conclude the report with a list of unanswered research questions.

The Failure Of The Universal Declaration Of Human Rights, Jacob Dolinger

University of Miami Inter-American Law Review

The UN Human Rights Commission dedicated over two years to the drafting of the Universal Declaration of Human Rights, which was approved by the General Assembly in 1948.

The underlying reason for the Declaration was the genocide executed by Hitler’s Nazi Germany against the Jewish people throughout Europe during the Second World War. The fundamental mistake of the Commission was that the persecution by the Nazis was not directed against individual persons, but against an entire people, whereas the Declaration deals exclusively with the rights of the individual human being, no reference whatsoever made in the document to collectivities.

Moreover, …

Applying Domestic Statutes To Foreign Conduct: How Much Does Kiobel Touch And Concern The Presumption Against Extraterritorial Application, Jessica Neer Mcdonald

University of Miami Inter-American Law Review

This paper examines a tumultuous history of applying United States law to foreign conduct in United States federal courts and the impact of recent Supreme Court decisions in this area. Despite its inconsistent application, the presumption against extraterritorial application may bridle Article III courts’ authority of applying domestic law to foreign conduct. Notably, a complicated test of displacing the presumption has emerged from the recent Supreme Court case of Kiobel v. Royal Dutch Petroleum Co., which concerned foreign conduct under the Alien Tort Statute (“ATS”). The test states the presumption is overcome if the foreign conduct “touches and concerns” …

Important Steps To Maintain The Privacy Of Patients In The Hospital, Savera Aziz Ali, Minaz Mawani, Gulshan Bano, Sumera Aziz Ali

School of Nursing & Midwifery

Women are considered as vulnerable groups in our society in spite of their defined women rights by various laws. This shows that unfortunately these laws are not implemented practically in the real life. Society is shaped by the individuals and everyone should be responsible for advocating their own rights as well as the right of others especially of the vulnerable groups within the population.

Child Marriage In Yemen: A Violation Of International Law, Elizabeth Verner

Georgia Journal of International & Comparative Law

No abstract provided.

Expert Workshop Session: The Global Child, Haley Chafin, Jena Emory, Meredith Head, Elizabeth Verner

Georgia Journal of International & Comparative Law

No abstract provided.

Expert Workshop Session: Child Witnesses: Testimony, Evidence, And Witness Protection, Chelsea Swanson, Elizabeth Devos, Chloe Ricke, Andy Shin

Georgia Journal of International & Comparative Law

No abstract provided.

Expert Workshop Session: Regulatory Framework, Ashley Ferrelli, Eric Heath, Eulen Jang, Cory Takeuchi

Georgia Journal of International & Comparative Law

No abstract provided.

Child Protection In Times Of Conflict And Children And International Criminal Justice, Kerry L. Neal

Georgia Journal of International & Comparative Law

No abstract provided.

Children, Armed Violence And Transition: Challenges For International Law & Policy, Mark Drumbl

Georgia Journal of International & Comparative Law

No abstract provided.

Maturing Justice: Integrating The Convention On The Rights Of The Child Into The Judgments And Processes Of The International Criminal Court, Linda A. Malone

Georgia Journal of International & Comparative Law

No abstract provided.

Convening Experts On Children And International Criminal Justice, Diane Marie Amann

Georgia Journal of International & Comparative Law

No abstract provided.

A Survey Of Possible Legal Responses To International Terrorism: Prevention, Punishment, And Cooperative Action, Jordan J. Paust

Georgia Journal of International & Comparative Law

No abstract provided.

Confronting Race And Collateral Consequences In Public Housing, Ann Cammett

Seattle University Law Review

Access to affordable housing is one of the most critical issues currently facing low-income families. In many urban areas, rising costs, dwindling economic opportunity, and gentrification have foreclosed access to previously available rental stock and contributed to a crisis in housing. For African Americans lingering economic disparities arising from generations of forced racial segregation and the disproportional impact of mass incarceration have magnified these problems. In this Article I explore legal barriers to publicly subsidized housing, a “collateral consequence” of criminal convictions that increasingly serves as a powerful form of housing discrimination. Evictions, denial of admission, and permanent exclusion of …

Begging For Due Process: Defending The Rights Of Urban Outcasts In An Italian Town, Giacomo Pailli, Alessandro Simoni

Seattle University Law Review

Adult begging in Italy has been decriminalized since a Constitutional Court decision in 1995 and an ensuing law, no. 205, in 1999. Nonetheless, beggars, particularly Roma ones, are still perceived by the public as a nuisance, like an issue that should be dealt with. Sensible to the pressure of its constituency, even Florence—a city with a tradition of openness and inclusion—has taken measures against begging and other similar street-level economic activities. Between 2007 and 2008, the first wave of city action in Florence was directed at windshield cleaners at traffic lights. Even though the policy was challenged, it produced the …

The Incongruous Intersection Of The Black Panther Party And The Ku Klux Klan, Angela A. Allen-Bell

Seattle University Law Review

When, in 2015, a Louisiana prison warden publically likened the Black Panther Party to the Ku Klux Klan, I was stunned. The differences between the two groups seemed so extreme and so obvious I could not imagine ineptness of this magnitude. Not long after this, a Georgia legislator unashamedly express that the Ku Klux Klan was not a racist, terrorist group, but merely a vigilante group trying to keep law and order. After initial dismay, each of these instances evoked thoughts of the far-reaching implications of officials making operational and policy decisions around such a flawed appreciation of history. These …

Book Review: International Protection Of Human Rights. By Louis B. Sohn And Thomas Buergenthal. Indianapolis, Indiana. Bobbs-Merrill Co. 1973., W. Paul Gormley

Georgia Journal of International & Comparative Law

No abstract provided.

Two Conflicting Filing Periods For A Constructive Discharge Claim: Which One Is Better?, Aditi Kumar

Labor & Employment Law Forum

No abstract provided.

#Warcrimes #Postconflictjustice #Balkans: Youth, Performance Activism And The Politics Of Memory, Arnaud Kurze

Department of Justice Studies Faculty Scholarship and Creative Works

While literature in transitional justice has addressed conventional retributive and restorative justice mechanisms, scholarship focusing on the rise in youth activism to confront war crimes is underdeveloped. This article draws on over two-dozen in-depth interviews with youth activist leaders across the former Yugoslavia, focusing on their performance-based campaigns. I explain why the emergence of transitional justice youth activism in the Balkans falls short of the significant institutional reforms of earlier youth movement mobilizations in the region. I also throw light on why their performance activism is distinct from practices of older, established human rights organizations in the region. Notwithstanding, I …