Human Rights Law Commons^™

European Union Accession To The European Convention On Human Rights: An Institutional “Marriage”, Konstantinos G. Margaritis

Human Rights & Human Welfare

A possible accession of European Union (hereinafter: EU/the Union) to the European Convention on Human Rights (ECHR/the Convention) has been discussed in legal society for more than thirty years. The topic had widely opened after the 1979 Commission Memorandum where the major pros and cons were underlined and practical problems were addressed. This discussion led to an official request to the European Court of Justice (ECJ/the Court) in relation to the legality of such accession; the outcome was included in opinion 2/94 that found such accession incompatible with the European Community (EC/the Community) Treaty.

© Konstantinos G. Margaritis. All rights …

Introduction (Volume 87)

International Law Studies

No abstract provided.

Table Of Contents (Volume 87)

International Law Studies

No abstract provided.

The Right Side Of The Coin: Focus On The Human Rights Of People, Not The Failure Of States, Brooke Ackerly

Human Rights & Human Welfare

US policy toward failed states should focus on strengthening civil society and social movements so that people are better able to hold their leaders accountable.

The language of “failed states” disassociates foreign policy from international dialogue about human rights. Instead, “failed states” is a contemporary sound bite that connotes a lack of sovereignty, suggesting that intervention would not violate national sovereignty because in a failed state, there is none. Of course, we could have a similar cynicism about the use of human rights concerns to justify invasion. Certainly, states have tried to choose when to reference international human rights norms …

August Roundtable: Re-Thinking State Failure And Human Rights, Introduction, Claudia Fuentes

Human Rights & Human Welfare

An annotation of:

“Think Again, Failed States ”. By James Traub. Foreign Policy. July/August 2011.

Immobilizing Conceptual Debates, Jonas Claes

Human Rights & Human Welfare

In “Think Again: Failed States,” James Traub argues that “state failure” is a failed concept. Prioritizing efforts to prevent or address state fragility, weakness, or failure may seem impractical given the conceptual breadth of this systemic challenge. Like globalization, human security, or climate change, state failure contains so many aspects that it becomes analytically useless. But the need to rethink this garbage-can concept—everything can be thrown in—does not keep us from addressing the litany of well-understood challenges subsumed within.

Implementing Recommendations From The Universal Periodic Review: A Toolkit For State And Local Human Rights And Human Relations Commissions, Human Rights Institute

Human Rights Institute

The United States’ international leadership in promoting human rights around the world is strengthened by state and local officials’ efforts to employ and advance human rights close to home. Indeed, state and local human rights and human relations commissions can play a pivotal role in help- ing the U.S. meet its own human rights obligations by ensuring fairness, dignity and opportunity for all in their communities.

This Toolkit provides information about a recent review of the United States’ human rights record under the United Nations’ Universal Periodic Review (“UPR”), which revealed a number of areas in which the United States …

More Questions, Few Answers On State Failure And Human Rights, Edzia Carvalho

Human Rights & Human Welfare

The Foreign Policy article under review brings us back to the issues addressed in April's Roundtable, which looked at humanitarian intervention in light of widespread political violence in the Ivory Coast. Much of that discussion centered on the factors that lead states to adopt policies aimed at stopping egregious human rights abuses from being committed in other jurisdictions, either by state agents or non-state actors. This month's Roundtable discussion highlights the myths attached to the concept of “state failure,” which increases the likelihood of such violations occurring. The author of this month's centerpiece, James Traub, comments on a number of …

“Failed States Are Everyone’S Problem”, Devin Joshi

Human Rights & Human Welfare

This article raises interesting issues but cannot answer its own puzzles because it fails to define what constitutes a threat or danger to US national security. As an American citizen, the security of the Central African Republic is in my personal interest. The CAR is a country where it has been reported that one out of every sixteen mothers dies during childbirth. That is a serious problem! Who is to say it is not in Americans’ interest to prevent state failure there? If the US government is not interested in Central Africans' security, obviously, there is a disconnect between the …

Evolving From Dominion To Communion: How Legal Rights For Nature Can Exist In Balance With Individual Property Rights In A Global Commons, Dan Leftwich

Environmental and Earth Law Journal (EELJ)

Abstract coming soon.

Many Voices: Combining International Human Rights Advocacy And Grassroots Activism To End Sexual Violence In Haiti, Yifat Susskind

City University of New York Law Review

No abstract provided.

Vonnegut: Lessons For Law & Policy, Daniel E. Lazaroff

Cardozo Public Law, Policy & Ethics Journal

The article explores the profound influence of Kurt Vonnegut's literary work on legal thought and discourse, particularly in areas such as First Amendment rights, intellectual property, and the ethical implications of technology. Vonnegut's themes of equality, corporate power, and the horrors of war have not only shaped legal scholarship but also informed judicial decisions and public policy. His work continues to resonate in contemporary legal debates, offering timeless insights into pressing societal issues.

Referenda And The District Of Columbia's Human Rights Act: Voting On Same-Sex Marriage In The Nation's Capital, Jacob Stewart

Legislation and Policy Brief

Beginning with Massachusetts in 2003, the courts and legislatures of many states have had to decide whether same-sex marriage is or should be a fundamental right under their respective constitutions.  Although only five states and the District of Columbia legally perform same-sex marriages, a few other jurisdictions are in the process of proposing laws moving in that direction.  However, the vast majority of states are holding fast to the traditional heterosexual definition of marriage.  Thirty-eight states have adopted some sort of Defense of Marriage Act, constitutional amendment, or similar measure that defines marriage as the union between one man and …

Evidence Obtained By Cruel, Inhuman Or Degrading Treatment: Why The Convention Against Torture’S Exclusionary Rule Should Be Inclusive, Akmal Niyazmatov

Cornell Law School Inter-University Graduate Student Conference Papers

Convention against Torture (CAT) prohibits admissibility of evidence obtained by torture but fails to extend similar prohibition to evidence obtained by cruel, inhuman or degrading treatment (CIDT evidence). Manfred Nowak argues that CAT's failure to prohibit CIDT evidence can be resolved if in interpreting torture we take the purposive element, instead of severity, as the main element that distinguishes torture from CIDT. He argues that both torture and CIDT require infliction of severe pain and thus it must be the purpose for which severe pain was inflicted that distinguishes torture from CIDT. If the purposive element is key in distinguishing …

A Centrist Solution To Central American Violence And Inequality, Devin Joshi

Human Rights & Human Welfare

The northern triangle of Central America (El Salvador, Guatemala, and Honduras) has experienced horrific violence, poverty, and a vicious cycle of human rights violations for decades. Repeated natural disasters and the re-routing of the drug trade through Central America are not helping the situation. On the other hand, nearby Costa Rica has achieved a much higher standard of human rights, public safety, and political stability. Why? Costa Rica has put in place four pillars of development and stability lacking in most other countries in the region: a stronger state, an educated population, inter-racial cooperation, and a more inclusive democracy. For …

June Roundtable: Human Rights In Central America, Introduction, Claudia Fuentes

Human Rights & Human Welfare

An annotation of:

“The Tormented Isthmus ”. The Economist. April 14 2011.

The Hearts And Minds Of The Citizens, Brooke Ackerly

Human Rights & Human Welfare

If the US contributes increased military support to Guatemala under the premise of curtailing the drug trade, it could inadvertently further destabilize this already politically unstable country. It certainly will not contribute to developing a sense of political alliance in the hearts and minds of its citizens. Concerns about destabilization in Guatemala (and Central America more generally) and the role of this destabilization in facilitating the drug trade have led the Economist to suggest that the solution is to increase military foreign aid to Guatemala.

Generic Wish-Lists For State-Centric Policies, Edzia Carvalho

Human Rights & Human Welfare

The Central America depicted in the article under review resembles a region visited by the Four Horsemen of the Apocalypse—colonial Conquest, civil War, Famine and other natural disasters, and poverty, disease and Death. Added to this list of woes are the recent drug-fueled conflict, democratic instability, weak state capacity, and the socio-economic fallout of the economic recession in the United States. While the first half of the article records these problems, the author shifts gears in the second half and provides an array of responses to these challenges, with a forceful recommendation that states in the region focus their efforts …

Conflict Resolution Agenda: Approaching Its Expiration Date, Jonas Claes

Human Rights & Human Welfare

Conflict resolution scholars and policy-makers have traditionally prioritized research and policy measures dealing with political violence, treating criminal violence as a contextual factor in their analysis or as a subordinate policy concern. One may wonder why the value of a casualty differs depending on whether the fatal blow was caused by a tank, a gang knife, or even a typhoon. The prioritization of political violence over criminal violence seems morally unjustified considering that the killing rates in Guatemala and El Salvador are higher now than during the civil wars that ended in the 1990s. Despite similarities in the causes, manifestations, …

Women And Reproduction: From Control To Autonomy? The Case Of Chile, Lidia B. Casas

American University Journal of Gender, Social Policy & the Law

No abstract provided.