Human Rights Law Commons^™

Human Rights, Environmental Protection, And The Sustainable Development Goals, John H. Knox

Washington International Law Journal

In recent years, international human rights tribunals and other bodies have identified ways that environmental harm can interfere with the enjoyment of human rights, and have clarified that States have obligations to protect human rights against such interference. For example, States have duties to provide access to environmental information, to protect rights of free expression and association in relation to environmental issues, and to provide for participation in environmental decision-making. This article examines how well the draft Sustainable Development Goals (“SDGs”) proposed by the United Nations Open Working Group reflect the human rights obligations relating to environmental protection. It concludes …

Human Rights In The United States: Primer On Recommendations From The Inter-American Human Rights Commission & The United Nations, Human Rights Institute

Human Rights Institute

Over the past decade, U.S. social justice advocates have increasingly recognized that international and regional human rights mechanisms are important avenues for seeking human rights accountability. A broad and diverse range of advocates have mobilized, in particular, around United Nations human rights reviews, including treaty compliance reviews, Special Rapporteur visits to the United States, and the U.N. Human Rights Council Universal Periodic Review process, increasing visibility of numerous domestic human rights concerns.

A smaller number of advocates and social justice groups have engaged with the Americas’ regional human rights system, the Inter-American Human Rights System, which offers additional and complementary …

The Sustaintable Development Goals (Sdgs) As Drafted: Nice Idea, Poor Execution, Thomas Pogge, Mitu Sengupta

Washington International Law Journal

The United Nations General Assembly (UNGA) is scheduled to adopt its 2015-2030 development agenda in September 2015: the Sustainable Development Goals. The United Nations Open Working Group (OWG) on the SDGs set a draft of this agenda before the UNGA in September 2014. Despite clear positives, this draft fails to take advantage of the SDGs’ non-binding and aspirational nature to encourage global leaders to set aside short-term gain in order to invest in a sustainable future. Specifically, the draft ought to identify actors responsible for specific achievements, to envision structural reforms in the global institutional order, to provide for objective …

Boys, Rape And Masculinity: Reclaiming Boys' Narratives Of Sexual Violence In Custody, Brenda V. Smith

Project on Addressing Prison Rape - Articles

This article examines a little studied area at the intersections of masculinity, feminist studies, and criminal justice – sexual abuse of boys in custody by female staff. Professor Smith will outline the scope of the problem and discusses competing narratives that attempt to explain the phenomena: (1) female staff as “mother, sister, friend”; (2) adolescent development theory; (3) complex early childhood trauma; and (4) female authority and power. There is a gap in both masculinity and feminist theory in analyzing sexual aggression and power by women over boys. The talk will colclude with policy and practice prescription and recommendations for …

'Listen To What You Say': Rwanda’S Postgenocide Language Policies, Lynne Tirrell

New England Journal of Public Policy

Freedom of expression is considered a basic human right, and yet most countries have restrictions on speech they deem harmful. Following the genocide of the Tutsi, Rwanda passed a constitution (2003) and laws against hate speech and other forms of divisionist language (2008, 2013). Understanding how language shaped “recognition harms” that both constitute and fuel genocide also helps account for political decisions to limit “divisionist” discourse. When we speak, we make expressive commitments, which are commitments to the viability and value of ways of speaking. This article explores reasons a society would decide to say, “We don’t talk that way …

How Has The Practice Of Unilateral Forcible / Military Intervention ( As Evident By The Case Of Kosovo, Tanzania, And Russia) Eroded The Primacy Of Territorial Sovereignty? This Question Is Answered Through The Use Of Three Different Frameworks : 1) Legal Positivism And 2) Normative Hierarchy, 3) Third World Approaches To International Law (Twail)., Sama Eissa

Theses and Dissertations

The principle of state sovereignty; the right of states to exclusive control over their own territory, is seen as an integral part of the current international order... The whole thesis project revolves around the impact of unilateral humanitarian intervention on the primacy of territorial sovereignty. To be more specific, it explores the role played by the emerging norm of unilateral humanitarian intervention and whether or not it washed away the notion of territorial sovereignty mentioned in the UN charter. The main question the thesis project aims to answer is: How has the practice of unilateral forcible / military intervention ( …

State Actors, Humanitarian Intervention And International Law: Reopening Pandora's Box, H. Scott Fairley

Georgia Journal of International & Comparative Law

No abstract provided.

And Then There Were Two: Why Is The United States One Of Only Two Countries In The World That Has Not Ratified The Convention On The Rights Of The Child?, Mark Engman

International Human Rights Law Journal

Twenty-five years ago, the United Nations General Assembly (‘U.N. General Assembly’) unanimously adopted the Convention on the Rights of the Child (hereinafter the “CRC”), which became the most widely accepted human rights treaty in history. Today, every nation in the world is a party to the CRC – except for two: Somalia, and the United States. This article will analyze the politics behind America’s failure to ratify this treaty. That may seem a little out of place in a law journal, but in reality the United States’ (‘U.S.’) acceptance or rejection of international law is as much a matter of …

Principled Humanitarian Organizations And The Use Of Force: Is There Space To Speak Out?, Scott Paul, Elizabeth Holland

International Human Rights Law Journal

Humanitarian organizations are fundamentally concerned with addressing the suffering of civilians. The decision by an armed actor to resort to force can result in greater protection or greater harm, and has at least as significant an impact on civilian lives as any decision made during the conduct of hostilities. Yet, humanitarian organizations rarely publicly advocate for or against the use of force. This article explores the perceived and actual limitations that humanitarian principles place on the public advocacy of humanitarian organizations regarding the recourse to force. It begins with a discussion of the relevant legal framework and explication of the …

Transitional Justice In Sri Lanka: Rethinking Post-War Diaspora Advocacy For Accountability, Mytili Bala

International Human Rights Law Journal

Sri Lanka’s 26-year civil war against the Liberation Tigers of Tamil Eelam came to a bloody end in May 2009, amidst allegations of war crimes and crimes against humanity on both sides. Since then, Tamils in the diaspora, long accused of funding the war, have become vocal proponents for war crimes accountability. Some might label certain forms of diaspora advocacy as “lawfare” or “long-distance nationalism.” However, these labels fail to account for the complex memories and identities that shape diaspora advocacy for accountability today. In order for Sri Lanka to move forward from decades of conflict, transitional justice mechanisms to …

No Child Is An Island: The Predicament Of Statelessness For Children In The Caribbean, Catherine A. Tobin

International Human Rights Law Journal

In a region characterized by human mobility, many children in the Caribbean are born in a different country than their parents. In fact, the Caribbean is considered one of the regions with the highest percentage of people migrating. This article will analyze the root causes of statelessness for children in the Caribbean, focusing primarily on the dangerous interplay between ineffective birth registration systems and lack of safeguards for children who would be otherwise stateless. The article will also address recent shifts in migration and nationality policies in countries such as The Bahamas and the Dominican Republic that have exacerbated existing …

Review Of “Rape In The Fields. The Hidden Story Of Rape On The Job In America”, Suchitra Samanta

Societies Without Borders

No abstract provided.

Review Of Edges Of Global Justice: The World Social Forum And Its Others, Manisha Desai

Societies Without Borders

No abstract provided.

A New Societies Without Borders, Brian K. Gran

Societies Without Borders

No abstract provided.

Stories From The Margins: Refugees With Disabilities Rebuilding Lives, Brent C. Elder

Societies Without Borders

First-hand accounts of resettlement are seldom heard from refugees with disabilities. The purpose of this study was to facilitate a space for refugees with disabilities to tell their life histories, and their experiences related to resettlement. A global ethnographic framework was used to gather life history interview data from six refugees with a label of disability who have resettled in the United States. To better understand participants’ life histories, multiple theoretical perspectives were utilized including: critical cultural theory, critical race theory (CRT), critical disability studies (CDS), and disability studies (DS) which helped to interpret and navigate the nebulous intersections of …

Review Of Global Coloniality And Power In Guatemala, Andrew Crookston

Societies Without Borders

No abstract provided.

Mobilization, Strategy, And Global Apparel Production Networks: Systemic Advantages For Student Antisweatshop Activism, Dale W. Wimberley, Meredith A. Katz, John Paul Mason

Societies Without Borders

The U.S. antisweatshop movement is a major branch of Global North labor rights activism. We focus on the movement’s college student sector, which has been active and moderately effective since its 1997 birth. Using principles from social movement theory and global political economy, we examine (1) these student labor rights groups’ campus context, (2) global production networks (GPNs), and (3) how campus context and GPNs intersect to facilitate student antisweatshop activity and effectiveness in ways distinct from the non-campus U.S. movement. U.S. college campuses are places of pre-existing collective identity and dense interaction, facilitating antisweatshop mobilization. Collegiate apparel GPNs that …

Review Of Torture: A Sociology Of Violence And Human Rights, Jared Del Rosso

Societies Without Borders

No abstract provided.

Review Of The Anti-Slavery Project: From Slave Trade To Human Trafficking, Annie Fukushima

Societies Without Borders

No abstract provided.

Review Of Fair Trade From The Ground Up: New Markets For Social Justice, Silvia Giagnoni

Societies Without Borders

No abstract provided.