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Moving From Principles To Rights: Rio 2012 And Access To Information, Public Participation, And Justice, David Banisar, Sejal Parmar, Lalanath de Silva, Carole Excell 2013 American University Washington College of Law

Moving From Principles To Rights: Rio 2012 And Access To Information, Public Participation, And Justice, David Banisar, Sejal Parmar, Lalanath De Silva, Carole Excell

Sustainable Development Law & Policy

No abstract provided.


A Proposal For Addressing Violations Of Indigenous Peoples' Environmental And Human-Rights In The Inter-American Human Rights System, Natalia Gove 2013 Florida A&M University College of Law

A Proposal For Addressing Violations Of Indigenous Peoples' Environmental And Human-Rights In The Inter-American Human Rights System, Natalia Gove

Student Works

International concerns in the areas of human rights, health, and environment have expanded considerably in the past several decades. International environmental law primarily focuses on environmental damage, rather than its impact on human beings. The focus of environmental treaties is primarily on constraining environmentally deleterious behavior, rather than preventing injuries to people. Part I of this paper will discuss the significance of environmental protection for indigenous peoples. Part II will analyze the linkage between environmental and human rights, as well as the lack of a direct enforcement mechanism for redressing violations of environmental rights. It will also describe the existing …


Tapped Out: Threats To The Human Right To Water In The Urban United States, Georgetown Law Human Rights Institute, Jason Amirhadji, Leah Burcat, Samuel Halpert, Natalie Lam, David McAleer, Catherine Schur, Daniel Smith, Erik Sperling 2013 Georgetown University Law Center

Tapped Out: Threats To The Human Right To Water In The Urban United States, Georgetown Law Human Rights Institute, Jason Amirhadji, Leah Burcat, Samuel Halpert, Natalie Lam, David Mcaleer, Catherine Schur, Daniel Smith, Erik Sperling

HRI Papers & Reports

In the United States today, the goal of universal water service is slipping out of reach. Water costs are rising across the country, forcing many individuals to forgo running water or sanitation, or to sacrifice other essential human rights. The fixed costs of water systems have increased in recent years, driven in part by underinvestment in infrastructure. In many cities, this has been exacerbated by population shifts and the economic downturn. In this era of increasing costs and limited financial resources, water providers struggle to balance the competing priorities of modernization and universal access. This report, researched and written by …


“Queering The Rainbow Nation”: An Analysis Of 11 Gay And Lesbian Capetonians’ Perceptions Of Lgbt Identity In Cape Town And The South African Government’S Commitment To Lgbt Equality, Ryan Sasse 2013 SIT Study Abroad

“Queering The Rainbow Nation”: An Analysis Of 11 Gay And Lesbian Capetonians’ Perceptions Of Lgbt Identity In Cape Town And The South African Government’S Commitment To Lgbt Equality, Ryan Sasse

Independent Study Project (ISP) Collection

The South African government has made vast strides in the fight for LGBT equality, strides that are unparalleled by any other nation on the African continent. Unfortunately, the lack of hate crime legislation within the country—as well as the government’s unwillingness to address the nation’s resulting violence—often overshadows the accomplishments that have been made over the last few years. Keeping in mind that “[f]eminist research goals foster empowerment and emancipation for women and other marginalized groups, and feminist researchers often apply their findings in the service of promoting social justice for women,” we can see how the LGBT community is …


Introduction, Rohan Sajnani 2013 Northwestern Pritzker School of Law

Introduction, Rohan Sajnani

Northwestern Journal of Human Rights

No abstract provided.


Global Legal Responses To Prenatal Gender Identification And Sex Selection, Seema Mohapatra 2013 Barry University

Global Legal Responses To Prenatal Gender Identification And Sex Selection, Seema Mohapatra

Faculty Scholarship

Over one hundred million women in the world are estimated to be “missing” from the world’s population due to some form of gendercide. Gendercide exists on almost every continent and affects every class of people. Gendercide has traditionally taken the form of sex-selective abortion, infanticide, or death caused by neglect. Sex-selective abortions occur when a pregnancy is terminated due to the sex of the fetus. In the last few decades, technological advances have allowed potential parents to identify the gender of their baby early in the first trimester. Recently, with the advent of newer technology that allows one to choose …


Challenging “Unnatural Crimes”: The Connection Between Lgbti Rights And Gender-Specific Sexual Violence Laws In Belize, Christine M. Evans 2013 Northwestern Pritzker School of Law

Challenging “Unnatural Crimes”: The Connection Between Lgbti Rights And Gender-Specific Sexual Violence Laws In Belize, Christine M. Evans

Northwestern Journal of Human Rights

No abstract provided.


After Dothard: Female Correctional Workers And The Challenge To Employment Law, Brenda V. Smith, Melissa C. Loomis 2013 American University Washington College of Law

After Dothard: Female Correctional Workers And The Challenge To Employment Law, Brenda V. Smith, Melissa C. Loomis

Scholarly Articles in Law Reviews & Journals

This article examines a profession where women have made great strides - corrections. Using an equality framework, corrections and other non-traditional professions were the first target of the feminist movement in the 1970s. By and large, feminists were successful in creating greater porosity for women in law enforcement, emergency services, corrections, and the military. While women have entered these traditionally masculine spaces, they still suffer from an achievement gap. They are still underrepresented in leadership positions and marginalized in these settings; are still the targets of discrimination based on race, gender, and perceived sexual orientation; and are less likely than …


A Public Health Approach To Human Trafficking, Jonathan Todres 2013 Georgia State University College of Law

A Public Health Approach To Human Trafficking, Jonathan Todres

Faculty Publications By Year

Trafficked individuals experience physical, sexual and emotional violence at the hands of traffickers, pimps, employers, among others, and are exposed to various workplace, health and environmental hazards. The breadth of the harm suggests a role for a currently underutilized approach: public health methodologies. The field of public health offers vital skills and expertise in the fight against human trafficking.


Isolated Confinement In Michigan: Mapping The Circles Of Hell, Elizabeth Alexander, Patricia Streeter 2013 University of Michigan Law School

Isolated Confinement In Michigan: Mapping The Circles Of Hell, Elizabeth Alexander, Patricia Streeter

Michigan Journal of Race and Law

For the past twelve months, there has been a burgeoning campaign to abolish, or greatly reduce, the use of segregated confinement in prisons. Advocates for the campaign call such classifications "solitary confinement" despite the fact that in some states, like New York, prisoners in these cells are often double-celled. The Michigan Department of Corrections, as well as other prison systems, uses labels such as "segregation," "special management," "special housing," and "observation" for these classifications. Prisoners ordinarily use traditional terms, such as "the hole." In this Essay we will refer to such restrictive classifications as "segregation" or "segregated confinement." Our perspective …


The Federal Bureau Of Prisons: Willfully Ignorant Or Maliciously Unlawful?, Deborah Golden 2013 D.C. Prisoners' Project of the Washington Lawyers' Committee for Civil Rights and Urban Affairs

The Federal Bureau Of Prisons: Willfully Ignorant Or Maliciously Unlawful?, Deborah Golden

Michigan Journal of Race and Law

The Federal Bureau of Prisons ("BOP") and the larger U.S. government either purposely ignore the plight of men with serious mental illness in the federal prison system or maliciously act in violation of the law. I have no way of knowing which it is. In a complex system comprising many individual actors, motivations are most likely complex and contradictory. Either way, uncontrovertibly, the BOP and the U.S. government, against overwhelming evidence to the contrary, continuously assert that there are no men with serious mental illnesses housed in the federal supermax prison, the Administrative Maximum facility in Florence, Colorado, also known …


Regulating The Corporate Tap: Applying Global Administrative Law Principles To Achieve The Human Right To Water, Kristin L. Retherford 2013 Indiana University Maurer School of Law

Regulating The Corporate Tap: Applying Global Administrative Law Principles To Achieve The Human Right To Water, Kristin L. Retherford

Indiana Law Journal

No abstract provided.


Justice Across The Hemispheres: The Effect Of The Pinochet Arrest On Domestic Courts In Chile And Spain, Audrey A. Hansen 2013 University of New Hampshire - Main Campus

Justice Across The Hemispheres: The Effect Of The Pinochet Arrest On Domestic Courts In Chile And Spain, Audrey A. Hansen

Honors Theses and Capstones

This study examines whether the 1998 arrest, by order of a Spanish judge, of former Chilean President Augusto Pinochet in London for crimes of genocide and terrorism impacted the attitude of Chilean and Spanish courts toward prosecuting their own country’s human rights violations. It argues that after 1998 Chile’s judiciary increased prosecutions against former regime officials, while the Spanish judiciary upheld Spain’s 1977 Amnesty Law and declined to participate in the national discourse on the country’s past human rights violations. This research includes a comparative case study of Chile and Spain, their recent histories, their judiciaries’ attitudes towards prosecution of …


The Duty To Capture, Jens David Ohlin 2013 Cornell Law School

The Duty To Capture, Jens David Ohlin

Cornell Law Faculty Publications

The duty to capture stands at the fault line between competing legal regimes that might govern targeted killings. If human rights law and domestic law enforcement procedures govern these killings, the duty to attempt capture prior to lethal force represents a cardinal rule that is systematically violated by these operations. On the other hand, if the Law of War applies then the duty to capture is fundamentally inconsistent with the summary killing already sanctioned by jus in bello. The following Article examines the duty to capture and the divergent approaches that each legal regime takes to this normative requirement, and …


Kiobel Case: Corporate Accountability For Human Rights Abuses, Lauren Carasik 2013 Western New England University School of Law

Kiobel Case: Corporate Accountability For Human Rights Abuses, Lauren Carasik

Media Presence

No abstract provided.


Challenges To Compliance With International Humanitarian Law In The Context Of Contemporary Warfare, Morgan Kelley 2013 SIT Study Abroad

Challenges To Compliance With International Humanitarian Law In The Context Of Contemporary Warfare, Morgan Kelley

Independent Study Project (ISP) Collection

The changing nature of warfare in the 21st century poses a multitude of challenges to the perceived applicability of International Humanitarian Law for both State and non-State actors in contemporary conflicts. These issues, including but not limited to: ambiguity in the distinction of violent conflict, the changing type of actors involved, issues of asymmetric warfare, challenges of negative reciprocity, and an inhibited ability to engage with all parties to conflict, are detrimental to the overriding purpose of IHL. Still, the oftentimes inefficient nature of the international system, as well as lack of consensus regarding new legislation means that formal …


The Ethics Of ‘Responsibility While Protecting’: Brazil, The Responsibility To Protect, And Guidelines For Humanitarian Intervention, James Pattison 2013 University of Manchester

The Ethics Of ‘Responsibility While Protecting’: Brazil, The Responsibility To Protect, And Guidelines For Humanitarian Intervention, James Pattison

Human Rights & Human Welfare

In the aftermath of the NATO intervention in Libya, the responsibility to protect (RtoP) doctrine has received considerable blowback. Various states, most notably some of the ‘BRICS’ states (Brazil, Russia, India, China, and South Africa), claimed that NATO exceeded its mandate given to it by United Nations Security Council (UNSC) Resolution 1973 (by allegedly focusing on regime change rather than on the protection of civilians), was inappropriate in its target selection, violated the arms embargo by transferring arms to rebels, and generally caused too much harm to civilians and civilian infrastructure.1 It was also suggested that the UK, US, and …


Campesino Communities In Honduras Being Devastated One Family At A Time, Lauren Carasik 2013 Western New England University School of Law

Campesino Communities In Honduras Being Devastated One Family At A Time, Lauren Carasik

Media Presence

No abstract provided.


The Opulent Or The Oppressed? Expedited Removal As A Violation Of The American Ideal, Amy Wingfield 2013 Pepperdine University

The Opulent Or The Oppressed? Expedited Removal As A Violation Of The American Ideal, Amy Wingfield

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Helping The Helpless: The Foreign Policy Strategies Underlying Humanitarian Rhetoric In American Refugee Law And Policy, Ashleigh Reif Kasper 2013 Pepperdine University

Helping The Helpless: The Foreign Policy Strategies Underlying Humanitarian Rhetoric In American Refugee Law And Policy, Ashleigh Reif Kasper

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


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