Human Rights Law Commons^™

Sub-Saharan Africa Coverage, Human Rights Brief

Human Rights Brief Spring 2016 Regional Coverage

No abstract provided.

Middle East & North Africa Coverage, Human Rights Brief

Human Rights Brief Spring 2016 Regional Coverage

No abstract provided.

International Coverage, Human Rights Brief

Human Rights Brief Spring 2016 Regional Coverage

No abstract provided.

Asia & Oceania Coverage, Human Rights Brief

Human Rights Brief Spring 2016 Regional Coverage

No abstract provided.

Healing Sex-Trafficked Children: A Domestic Family Law Approach To An International Epidemic, Melissa L. Breger

West Virginia Law Review

Children who have been trafficked into and within the United States for commercial sexual exploitation endure significant psychological and physical trauma. Because there is a salient nexus between the inherent violence of trafficking and that of family violence and childhood sexual abuse, this Article explores how the United States might assist victimized children by utilizing governmental systems that are already in existence. Specifically, the therapeutic foster care ("TFC") model is an established model of care that is flexible enough to meet the numerous and complicated issues associated with the reintegration and treatment needs of child sex-trafficking survivors. This Article recommends …

The Transformation Of South African Private Law After Twenty Years Of Democracy, Christopher J. Roederer

Northwestern Journal of Human Rights

In The Transformation of South African Private Law after Ten Years of Democracy, 37 Colum. Hum. Rts. L. Rev. 447 (2006), I evaluated the role of private law in consolidating South Africa’s constitutional democracy. There, I traced the negative effects of apartheid from public law to private law, and then to the law of delict, South Africa’s counterpart to tort law. I demonstrated that the law of delict failed to develop under apartheid and that the values animating the law of delict under apartheid were inconsistent with the values and aspirations of South Africa’s democratic transformation. By the end of …

To Touch And Concern The United States With Sufficient Force: How American Due Process And Choice Of Law Cases Inform The Reach Of The Alien Tort Statute After Kiobel, Karima Tawfik

Michigan Journal of International Law

This Note explores the post-Kiobel ATS cases and argues that the Fourth Circuit’s approach to considering claims that manifest a close connection to the United States as potentially entitling the plaintiff to relief under the ATS is preferable to approaches that categorically bar claims when the alleged conduct has occurred abroad. Part I describes the Kiobel decision in more depth and the subsequent ATS case law to outline the contours of recent circuit cases. Part II demonstrates how domestic personal jurisdiction and choice of law principles weigh in favor of a more expansive reading of the ATS, as adopted …

Europe & Central Asia Coverage, Human Rights Brief

Human Rights Brief Spring 2016 Regional Coverage

No abstract provided.

Americas Coverage, Human Rights Brief

Human Rights Brief Spring 2016 Regional Coverage

No abstract provided.

The Right To Attention, Jasper L. Tran

Indiana Law Journal

What marketing, contracts, and healthcare—specifically informed consent and mandatory ultrasounds—have in common is the right to attention from the information receiver. However, scholarship most often focuses on the communicator’s perspective (e.g., how much information the communicator discloses) or on the information itself, but surprisingly, not much on the receiver’s perspective.

This dearth of scholarship from the information receiver’s perspective is problematic, because the information receiver is often the “little guy” in the conversation. We own and are entitled to our attention because attention is a property right and part of our individual dignity. Yet advertisement companies and scam artists freely …

Human Rights Recommendations To The United States: A Desk Reference For State And Local Human Rights Agencies, Human Rights Institute

Human Rights Institute

State and local human rights and human relations agencies play a pivotal role in promoting and protecting human rights across the country. Indeed, state and local agencies work on a daily basis to foster equality and eradicate discrimination. Through education, monitoring, and addressing human rights issues, they ensure the ability of the United States to make human rights a reality in local communities.

To assist state and local agencies in doing this work, this resource distills the core human rights principles that fall under the jurisdiction of many state and local agencies, and offers guidance to strengthen the culture of …

What's Islam Got To Do With It? Obstacles In Securing Fair Trial Rights Under Iran's Repressive Regime, Sara Barlowe

Cardozo Journal of International and Comparative Law

The note argues that the principle of Velayate Faqhih in Iran undermines the rule of law and prevents the development of a functional criminal justice system. This principle, which establishes the supremacy of Islamic law and grants the Supreme Leader plenary authority over the judiciary, leads to arbitrary law enforcement, corruption, and human rights violations. The case of Maziar Bahari, an Iranian-Canadian journalist detained on vague charges of espionage, illustrates how the regime uses detention and torture to suppress dissent and maintain political control. The note contends that Iran’s legal system, dominated by Sharia law and lacking judicial independence, violates …

Lawyers In The Shadow Of The Regulatory State: Transnational Governance On Business And Human Rights, Milton C. Regan Jr., Kath Hall

Fordham Law Review

Lawyers are beginning to play an important role in strengthening the system of transnational governance that regulates business and human rights. In setting the background to our discussion of lawyers’ role in this context, Part I of this Article provides a general overview of the emergence of the transnational governance regime. Part II then describes some of the governance instruments that attempt to prevent and rectify the adverse human rights impacts of business activities. Part III discusses the extent to which lawyers are advising their business clients on human rights issues, the factors that may inhibit or encourage the provision …

Legal Formulations Of A Human Right To Information: Defining A Global Consensus, Kimberli Kelmor

Georgetown Law Faculty Publications and Other Works

There is a growing body of law across the globe that seeks to define a right to information. Any study of such laws quickly reveals a great diversity of definitions for both the type of information covered and the nature of the right. Access to various particular types of information is routinely granted in piecemeal fashion through all levels of government including national sub-constitutional laws, national constitutions, and regional and international treaties. In the hierarchy of individual rights, constitutionally granted rights are commonly perceived as the strongest and are most likely to be accepted as inviolable. Thus, the increasing number …

The European Union's Human Rights Obligations Towards Distant Strangers, Aravind Ganesh

Michigan Journal of International Law

Section I begins by setting out certain provisions added by the Lisbon Treaty requiring the European Union to promote human rights, democracy, and the rule of law in all its “relations with the wider world.” Section II then recounts a recent interpretation of these provisions, which understands them primarily as mandating compliance with international law, and thus largely denies extraterritorial human rights obligations to protect. While the fundamentals of this “compliance” reading are correct, Section III demonstrates that the notion of international law involved here entertains an expansive view of prescriptive jurisdiction, that is, a political institution’s authority to prescribe …

A Global Solution To A Global Refugee Crisis, James C. Hathaway

Articles

The author argues that the time is right to change the way that refugee law is implemented. Specifically, Hathaway advocates a shift towards a managed and collectivized approach to the implementation of refugee protection obligations. He contends that while the obligations under the Convention remain sound, the mechanisms for implementing those obligations are flawed in ways that too often lead States to act against their own values and interests, and which produce needless suffering amongst refugees. The author concludes with a five-point plan to revitalize the Refugee Convention.

Protecting The Right To Life Of The Internally Displaced: An Examination Of Encampment And Its Effects On The Communities In Unyama And Koro Sub-Counties In Gulu District, Northern Uganda, Ashley Alessandra

Independent Study Project (ISP) Collection

This study examines the period of encampment in Northern Uganda, as related to the Lord’s Resistance Army conflict, and the effects that encampment has had on communities in Gulu District through present day. The objectives of this study include; to examine the process of displacement, to analyze whether displaced persons were accorded the right to security during the encampment period, to analyze the effects that encampment has had on communities during the return period, through present day, and to examine the ways in which various actors have attempted to address such effects. This analysis is conducted through a human rights …

Problem Hukum Regulasi Lmk & Lmkn Sebagai Pelaksanaan Undang-Undang Hak Cipta 2014, Agus Sardjono

Jurnal Hukum & Pembangunan

UUHC 2014 has been effective since October 2014. The various clauses in the law still contains potential problems, especially those related to copyright in the music, because of its multiple interpretations. The multiple interpretations conditions especially with respect to the setting of the Collective Management Organization. Regulation of the Minister of Law and Human Rights No. 29 In 2014 it adds to the potential problems due to a few mistakes LMKN arrangements concerning the formation and powers rest upon to him. The problem was quite pronounced, since an doctrinal analysis. This paper attempts to reveal the problems in question

Deconstructing The Wall: The Analysis And Implications Of The 2004 International Court Of Justice Advisory Opinion On The Use Of Border Walls, Noah T. Black

MAD-RUSH Undergraduate Research Conference

This research project looks at the various jurisprudences surrounding the 2004 ICJ Advisory Opinion on the Israeli Barrier and analyzes the arguments both in support and in opposition to the Court’s decision. It then looks at the conditions for the illegality of the Israeli Barrier that were established by the Court, analyzes them, and synthesizes a list of characteristics that can be applied to other barriers in order to determine their legality. This checklist, if you will, is then applied to other border walls in order to make a tentative conclusion about their legality and if a suit could be …

Reducing Vulnerability To Human Trafficking: An Experimental Intervention Using Anti-Trafficking Campaigns To Change Knowledge, Attitudes, Beliefs, And Practices In Nepal, Margaret Boittin, Dan Archer, Cecilia Hyunjung Mo

Commissioned Reports, Studies and Public Policy Documents

Prepared for USAID, Humanity United, the US Department of Labor, and Terre des Hommes, March 2016.