Human Rights Law Commons^™

Las Madres De Plaza De Mayo, Then And Now: A Comparative Analysis Of Its Fractured Factions And Lasting Sybolism In Buenos Aires, Argentina, Sondra Anton

Undergraduate Research Symposium Posters

I conducted research on three different factions of the original Madres de Plaza de Mayo cause in Buenos Aires, Argentina: Asociación Madres de Plaza de Mayo, Madres de Plaza de Mayo Línea Fundadora, and Abuelas de Plaza de Mayo. Through interviews and archival research, I have completed a comparison of the three groups. I have concluded that although their original cause of demanding the whereabouts of their disappeared children united them, they are now deeply fragmented among one another due to their differing opinions of how to achieve justice in post-Dirty War Argentina. Furthermore, it is interesting to note the …

Catholic Social Thought And Human Rights, Zachary R. Calo

Scholarly Works

As the dominant moral vocabulary of modernity, the language of human rights establishes significant points of contact between the religious and the secular. Yet, the human rights movement increasingly finds itself in a contested relationship with religious ideas and communities. Even as it draws on the inherited moral resources of religion, the human rights movement, at least in its dominant institutional and intellectual expressions, presents itself as a totalizing moral theory that challenges countervailing theological accounts of human rights. This article considers the distinctive account of human rights that has emerged within Catholic social teaching. Particular attention is given to …

Contesting Unmodulated Deprivation: Sauvé V Canada And The Normative Limits Of Punishment, Efrat Arbel

All Faculty Publications

Despite a pressing need for judicial guidance on the legalities of administrative segregation, Canadian courts have yet to outline clear, comprehensive principles by which to assess its deployment. While some courts have rebuked the Correctional Service of Canada for the improper use of administrative segregation in specific cases, the regulation of the practice more broadly has proven elusive. This article turns to the Supreme Court of Canada’s prisoner voting rights decision in Sauvé v Canada for guidance in this regard. Since its release in 2002, Sauvé has been applied largely in cases involving political rights, and rarely in cases involving …

Ending The Isolation: An Introduction To The Special Volume On Human Rights And Solitary Confinement, Debra Parkes

All Faculty Publications

Prisoners and their advocates in Canada and around the world have been calling attention to the harms and impact of solitary confinement for some time. What is significant about the current moment is that these calls seem to be achieving some traction, even as the use of solitary confinement grows across jurisdictions. This short piece introduces a special volume of the Canadian Journal of Human Rights which collects the writing of advocates and scholars from a range of disciplines (criminology, law, philosophy) who bring a variety of perspectives and methodologies to bear on the opaque correctional systems that hold human …

Complicity In Business And Human Rights, James G. Stewart

All Faculty Publications

These remarks, delivered on April 9, 2015 at the American Society of International Law’s Annual Conference, address the context of complicity discussions in public international law generally then their significance and scope in Business and Human Rights in particular. The Panel on which I delivered this talk was one of the first to discuss the topic of complicity across different fields, including International Criminal Law, the Alien Tort Statute, Business and Human Rights and the Public International Law of State Responsibility. In my comments, I offer five initial points contextualizing these discussions for the field of public international law writ …

Between Protection And Punishment: The Irregular Arrival Regime In Canadian Refugee Law, Efrat Arbel

All Faculty Publications

This chapter questions the Canadian border’s reconstitution as a site of punishment for refugee claimants by examining the Designated Foreign National (DFN) regime, which permits the Canadian government to discipline foreign nationals for suspected violations of Canadian border laws by subjecting them to penalties that are formally classified as administrative, but amount to de facto punishment. These include mandatory arrest and detention, as well as compulsory reporting and ongoing document inspection. In this chapter, I examine the operation of the DFN regime in relation to other border measures, focusing specifically on the Canada-US Safe Third Country Agreement. I argue that …

Equality And Singapore’S First Constitutional Challenges To The Criminalization Of Male Homosexual Conduct, Jack Tsen-Ta Lee

Research Collection Yong Pung How School Of Law

In 2013, i Lim Meng Suang and Kenneth Chee Mun-Leon v Attorney-General and Tan Eng Hong v Attorney-General, the High Court of Singapore delivered the first judgments in the jurisdiction considering the constitutionality of section 377A of the Penal Code, which criminalizes acts of gross indecency between two men, whether they occur in public or private. The Court ruled that the provision was not inconsistent with the guarantees of equality before the law and equal protection of the law stated in Article 12(1) of the Constitution of the Republic of Singapore. The result was upheld in 2014 by the Court …

Mental Health Functioning In The Human Rights Field: Findings From An International Internet-Based Survey, Amy Joscelyne, Sarah Knuckey, Margaret Satterthwaite, Richard A. Bryant, Meng Li, Meng Quian, Adam D. Brown

Faculty Scholarship

Human rights advocates play a critical role in promoting respect for human rights world-wide, and engage in a broad range of strategies, including documentation of rights violations, monitoring, press work and report-writing, advocacy, and litigation. However, little is known about the impact of human rights work on the mental health of human rights advocates. This study examined the mental health profile of human rights advocates and risk factors associated with their psychological functioning. 346 individuals currently or previously working in the field of human rights completed an internet-based survey regarding trauma exposure, depression, posttraumatic stress disorder (PTSD), resilience and occupational …

Expanding The Array Of Accountable Actors: Human Rights And Corporate Social Responsibility, Erika George

Faculty Scholarship

Additional actors are being asked to assume responsibility for protecting human rights and preventing violations. I argue that it is appropriate and important to expand the human rights paradigm into other arenas, including corporate social responsibility. Expanding the array of actors understood to have a responsibility to respect human rights could serve to aid an under-resourced and overburdened human rights system to advance the rights protections that it was created to promote. While human rights activists have traditionally turned to intergovernmental institutions and state governments to protect rights and to remedy violations, the recent trend is to expand our understanding …

Religiosity In Constitutions And The Status Of Minority Rights, Brandy G. Robinson

Cultural Encounters, Conflicts, and Resolutions

Minority rights and religion have never been topics that are simultaneously considered. However, arguably, the two have relevance, especially when combined with the topic and theory of constitutionalism. Historically and traditionally, minorities have been granted certain rights and have been denied certain rights under various constitutions. These grants and denials relate to cultural differences and values, arguably relating to a culture’s understanding and interpretation of religion.

This article explores the relationship and status of minority rights as it relates to religiosity and constitutionalism. Essentially, there is a correlation between these topics and research shows where certain nations have used religion …

Lawrence V. Texas: The Decision And Its Implications For The Future, Martin A. Schwartz

Touro Law Review

No abstract provided.

Civilian Starvation And Relief During Armed Conflict: The Modern Humanitarian Law, Charles A. Allen

Georgia Journal of International & Comparative Law

No abstract provided.

Venezuela Sanctions Highlight Us Hypocrisy On Human Rights, Lauren Carasik

Media Presence

No abstract provided.

Suicide In The Name Of Honor: Why And How U.S. Asylum Law Should Be Modified To Allow Greater Acceptance Of Honor-Violence Victims To Prevent “Honor Suicides”, Ayla M. Kremen

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Human Trafficking & Native Peoples In Oregon: A Human Rights Report, Haley Weedn, Joseph Scovel, Jason Juran

American Indian Law Journal

No abstract provided.

No Guarantee The Us Won’T Torture Again, Lauren Carasik

Media Presence

No abstract provided.

Faith, Works, And Praxis: Emergent Post-Colonialism And The Catholic Church In North America, Alexander Odicino

Student Scholar Symposium Abstracts and Posters

The personal papers of American Jesuit priest, Wilfrid Parsons, evince an international information war concerned with the praxis of "facts" pertaining to Mexico’s Church and state conflicts of 1925 to 1939. While editor-in-chief of the Jesuit weekly magazine, "America", (1925-1936) Parsons transformed the publication into the pre-eminent Catholic source of information about the "Mexican situation", consequently enabling him to coordinate the publication of "facts" with several other New York based Catholic publications. However, rather than speaking to strictly Catholic interests in the Mexican conflict, research has shown that, when analyzed as a focal point of information processing, the sources in …

Roper V. Simmons - Supreme Court's Reliance On International Law In Constitutional Decision-Making, Jessica Mishali

Touro Law Review

No abstract provided.

Indefinite Detention And Antiterrorism Laws: Balancing Security And Human Rights, Joanne M. Sweeny

Pace Law Review

This article does more than describe British and American anti-terrorism laws; it shows how those laws go through conflicted government branches and the bargains struck to create the anti-terrorism laws that exist today. Instead of taking these laws as given, this Article explains why they exist. More specifically, this article focuses on the path anti-terrorism legislation followed in the United States and the United Kingdom, with particular focus on each country’s ability (or lack thereof) to indefinitely detain suspected non-citizen terrorists. Both countries’ executives sought to have that power and both were limited by the legislatures and courts but in …

International Human Rights - Helsinki Accords - Conference On Security And Cooperation In Europe Adopts Copenhagen Document On Human Rights, Victor Y. Johnson

Georgia Journal of International & Comparative Law

No abstract provided.