Human Rights Law Commons^™

International Criminal Court's Protection Of Women: The Hands Of Justice At Work, Tina R. Karkera

American University Journal of Gender, Social Policy & the Law

No abstract provided.

International And Regional Standards For Protecting Victims Of Domestic Violence, Andreea Vesa

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Behind The Wedding Veil: Child Marriage As A Form Of Trafficking In Girls, Elizabeth Warner

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Obama's Failed Attempt To Close Gitmo: Why Executive Orders Can't Bring About Systemic Change, Erin B. Corcoran

Law Faculty Scholarship

No abstract provided.

Exemptions And The Establishment Clause, Angela C. Carmella

Cardozo Law Review

No abstract provided.

The Political (And Other) Safeguards Of Religious Freedom, Richard W. Garnett

Cardozo Law Review

No abstract provided.

Contested Legality And The Insecurity Of Status: Some Snapshots From A Decade Of Refugee Law, Donald Galloway

Western Migration Conference Series

Bio:

Donald Galloway is a Professor of Law at the University of Victoria, British Columbia. He specializes in Refugee Law, Citizenship Law and Immigration Law. He was the founding President of the Canadian Association of Refugee and Forced Migration Studies (CARFMS) and is a former member of the Immigration and Refugee Board.

Domestic Violence In The United States: A Preliminary Report Prepared For Rashida Manjoo, U.N. Special Rapporteur On Violence Against Women, Brenda V. Smith, Caroline Bettinger-Lopez, Farrah Elchahal, Miraisy Rodriguez, Monika Siwiec, Christina Brandt-Young, Kirsten Carlson, Gabrielle Davis, Margaret Drew, Rebecca Landy, Adam Dubin, Rachel Natelson, Sandra Park, Ana Romes, Jessica Rubenstein, Cynthia Soohoo, Cheryl Thomas, Sandra Jezierski, Casey R. Schultz

Research Reports & White Papers

Domestic violence is a distinctive and complex type of violence. The intimate relationship between the victim and the perpetrator is historically construed as private and therefore beyond the reach of law. The often hidden site of the violence buttresses this conceptualization. The victim is often financially dependent on her abuser, and other economic and familial factors complicate the victim’s response to abuse. Moreover, women who complain of domestic violence frequently face intimidation, retaliation, and stigmatization, and thus incidents of domestic violence are notoriously under-reported and under-prosecuted throughout the world, including the United States.

Any meaningful analysis of the nature and …

Can Female Genital Mutilation Victims Benefit From Corrective Surgery: To Regain Sexual Pleasure And Be “Whole” Once Again?, Monique Sulls

Festival of Communities: UG Symposium (Posters)

Female Genital Mutilation (FGM) is defined by the World Health Organization, (WHO), as the removal or cutting of the external female genitalia. WHO estimates between 100 and 140 million girls and women worldwide currently live with the consequences of FGM. The study finds that through corrective surgery, pre/post therapy, counseling, and sexual education victims to FGM can regain sexual pleasure providing them a chance to be “Whole” once again.

Prevention Of Human Trafficking: A Review Of The Literature, Portland State University. Criminology And Criminal Justice Senior Capstone

Criminology and Criminal Justice Senior Capstone Project

A review of the literature pertaining to human trafficking reveals that human trafficking is a difficult crime to detect and prevent. Human trafficking involves the trafficking of human beings for the purpose of commercial sexual activities as well as forced labor. These crimes are occurring worldwide. Research indicates organized crime, prostitution, massage parlors, and brothels are closely linked to the crime of human trafficking. Government corruption and transnational criminal organizations contribute significantly to this crime and financial profit is usually the primary motivation. The objective of this report is to examine the various elements of human trafficking including the recognized …

Should Criminal Juries Give Reasons For Their Verdicts?: The Spanish Experience And The Implications Of The European Court Of Human Rights Decision In Taxquet V. Belgium, Stephen C. Thaman

Chicago-Kent Law Review

This article uses the European Court of Human Rights judgment of Taxquet v. Belgium, decided by the Grand Chamber in 2010, which held that in some cases the trial jury's failure to give reasons for its verdict of guilt could constitute a violation of the right to a fair trial under Article 6 of the European Convention of Human Rights, as a springboard for discussing whether or not criminal trial juries in Europe and the United States should be more accountable for their verdicts. The article explains the special jury verdicts traditionally used in Europe and the new Spanish requirement …

April Roundtable: Responsibility To Protect And Human Rights Protection In The Ivory Coast, Introduction, Claudia Fuentes

Human Rights & Human Welfare

An annotation of:

Article under review: “The Case for Intervention in the Ivory Coast” by Corinne Dufka. Foreign Policy. March 25 2011.

Double Standards Demystified, Jonas Claes

Human Rights & Human Welfare

At the time Ms. Corinne Dufka’s op-Ed about the crisis in Côte D’Ivoire appeared, few would have predicted that three days later UN troops, with the support of the French military, would act forcefully to protect civilians and tip the balance in favor of the fighters loyal to Alassane Ouattara, eventually leading to the arrest of Laurent Gbagbo. The odds were not favoring this scenario.

Workplace Religious Accommodation For Muslims And The Promise Of State Constitutionalism, Peter Longo, Joan M. Blauwkamp

Great Plains Research: A Journal of Natural and Social Sciences (through 2013)

This article considers whether state constitutionalism provides greater possibilities for workplace religious accommodation than is currently available to religious minorities within federal law under Title VII of the Civil Rights Act of 1964. We approach this question via a case study of the controversy over religious accommodation for practicing Muslims employed by the JBS Swift and Company meatpacking plant in Grand Island, N E. The case study consists of analyses of the requirements for religious accommodation under federal law, examination of the reasons why religious accommodation under federal law was not achieved in the Grand Island case, and analysis of …

A Structural Solution To Africa’S Wayward Presidents, Devin K. Joshi

Human Rights & Human Welfare

The current crisis in the Ivory Coast unfortunately resembles a number of crises in Western and Central Africa over the last few decades. Whereas the international community has generally been more willing to intervene in Europe and the Middle East, there has been a tendency to “wait and watch” while humanitarian crises unfold in middle Africa. In the last several years, as in the Ivory Coast right now, however, global awareness of the brutality of such crises has expanded tremendously.

A Need For Culture Change: Glbt Latinas/Os And Immigration, Berta E. Hernández-Truyol

UF Law Faculty Publications

In conversations about Latina/o immigration, such as the one that took place at LLEADS #2: The U.S. Immigration Crises: Enemies at Our Gates or Lady Liberty's Huddled Masses?, there is one issue that we tend not to address. There exists a Latina/o immigration cuento normativo (normative narrative) that obscures and denies an entire group of Latinas/os. This cuento normativo is not only insufficiently attentive to, but is downright erasing of GLBT Latinas/os. In this Article, I want to urge participation in a movement for cultural change within the various and varied comunidades Latinas (Latina/o communities) to embrace a new, inclusive …

One Step Forward, But Two Steps Back: Why Gacaca In Rwanda Is Jeopardizing The Good Effect Of Akayesu On Women's Rights, Brittany A. Olwine

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

No abstract provided.

Wrongful Termination Claims In The Supreme Court Of Canada: Coming Up Short, Dianne Pothier

Dalhousie Law Journal

The author concludes that the Supreme Court of Canada's narrow interpretations in Wal-Mart and Honda undermine the purposes of collective bargaining and human rights legislation, respectively Wal-Mart involves an unfair labour practice complaint following the closing of a store in Jonquibre, Quebec. The author contests the analysis of the Supreme Court of Canada, as being far removed from the context of the real difficulties in dealing with determined anti-union employers, instead facilitating statutory evasion. Honda involves a claim for wrongful dismissal, where the issue at the Supreme Court of Canada level is one of remedy, premised on the dismissal amounting …

Addressing Human Trafficking Along The United States-Mexico Border: The Need For A Bilateral Partnership, Rocio Garza

Cardozo Journal of International and Comparative Law

The note argues that human trafficking along the U.S.-Mexico border is a complex issue rooted in economic disparities, weak legal frameworks, and the challenges of distinguishing trafficking from smuggling. It advocates for a bilateral partnership between the United States and Mexico to address the transnational nature of the crime, emphasizing the need for coordinated efforts in prosecution, victim protection, and prevention.

Reparations For Displaced Torture Victims, Kathryn Metcalf

Cardozo Journal of International and Comparative Law

The note argues that universal civil jurisdiction is a necessary and viable legal framework to ensure reparations for displaced torture victims, despite challenges such as state immunity and political concerns. It advocates for states to adopt measures like the proposed UK Torture Damages Bill to provide victims with a consistent and reliable path to justice, emphasizing the moral and legal imperative to uphold international prohibitions on torture.