Human Rights Law Commons^™

Protecting Indigenous Identity And Culture In The Modern Nation-State: A Case Study Of The Sami In Norway, Claire Lockerby

Independent Study Project (ISP) Collection

The plight of indigenous peoples around the world is a serious one, and without significant international action, many valuable cultural and linguistic traditions are in grave danger of disappearing altogether. Many of these indigenous groups have experienced detrimental consequences from the history of slavery, colonialism and imperialism, and the emergence of nation-states that stripped them of their autonomy and greatly threatened their way of life. Today, there are some positive examples of international and national efforts to protect indigenous peoples, but unfortunately, most indigenous populations remain dispossessed and underrepresented. Although the international community has established principles of unalienable human rights, …

Sex And The Supremes: Towards A Legal Theory Of Sexuality, Elaine Craig

PhD Dissertations

This thesis examines how the Supreme Court of Canada, across legal contexts, has tended to conceptualize sexuality. It focuses primarily on areas of public law including sexual assault law, equality for sexual minorities, sexual harassment and obscenity and indecency laws. There were a number of trends revealed upon reviewing the jurisprudence in this area. First, the Court’s decisions across legal contexts reveal a tendency to conceptualize sexuality as innate, as a pre-social naturally occurring phenomenon and as an essential element of who we are as individuals. This is true whether one is speaking of the approach to gay and lesbian …

Governance Of Health Research Involving Humans In Developing Countries: The Nigerian Example, Cheluchi Onyemelukwe

PhD Dissertations

An intense debate has occurred regarding research involving humans in developing countries in recent years. Research in this area has focused mainly on examining the ways in which the economic inequalities in healthcare between developing countries and developed countries have affected the types of research conducted in developing countries by external sponsors. Research has also focused on how these inequalities, and the difficulties in applying the international ethical guidelines, give rise to ethical concerns and controversies. Recent literature has therefore examined several ethical concerns in health research in developing countries. What is missing in the literature on research oversight in …

The Mdgs And The (New) International Economic Order, Par Engstrom

Human Rights & Human Welfare

The current economic crisis has indeed had far-reaching consequences beyond the “developed world” where the crisis originated. Yet, significantly, the impact of the crisis on the “developing world” has varied quite considerably. While parts of sub-Saharan Africa may have suffered as a consequence of rising food prices and reduced aid flows, other regions have fared considerably better. It is too early to talk about the decoupling of “frontier markets” (to use investment analyst jargon) from developed markets. Yet the solid performance of most Latin American and Asian economies in recent years raises interesting questions regarding the international economic system and …

Designing Bespoke Transitional Justice: A Pluralist Process Approach, Jaya Ramji-Nogales

Michigan Journal of International Law

Although many scholars agree that contemporary transitional justice mechanisms are flawed, a comprehensive and unified alternative approach to accountability for mass violence has yet to be propounded. Like many international lawyers, transitional justice theorists have focused their assessment efforts on the successes and failures of established institutions. This Article argues that before we can measure whether transitional justice is working, we must begin with a theory of what it is trying to achieve. Once we have a coherent theory, we must use it ex ante, to design effective transitional justice mechanisms, not just to assess their effectiveness ex post. Drawing …

Mdg: Reinvigoration Or Mourning?, Marc Alexander C. Gionet

Human Rights & Human Welfare

The United Nations Millennium Development Goals Summit got underway on September 20th in New York. Opening speeches seemed to be a roster of who’s – who of contributors towards global poverty with the IMF and WTO leading the pack. As speeches progressed, a disturbing trend developed which romanticized the pre-recessionary period of progress towards MDG achievement and reducing world poverty.

Development As Power, Alison Brysk

Human Rights & Human Welfare

While material progress towards the Millennium Development Goals is laudable, and pledges of new resources are necessary, we can never fully address poverty without talking about power. As Amartya Sen pointed out, true development depends on freedom.

The Misnomer Of Mdgs? When Goals Are Rights, Erin Mooney

Human Rights & Human Welfare

That much more must be done to meet the Millennium Development Goals is evident. The proposals put forth by Douste-Blazy and the new pledges announced at the recent UN MDG Summit are steps in the right direction. More fundamentally, what is required is to recognize that the MDGs are not merely “goals” to aim for, hitting or missing as the case may be. Rather, they are about realizing rights which governments, individually and collectively, have pre-existing legal obligations to uphold and ensure.

Spaces Of Freedom For Citizens And Asylees In The Eu And U.S., Francis J. Conte

University of Miami International and Comparative Law Review

No abstract provided.

Identifying And Enforcing Back-End Electoral Rights In International Human Rights Law, Katherine A. Wagner

Michigan Journal of International Law

From Kenya to Afghanistan, Ukraine, the United States, Mexico, and Iran, no region or form of government has been immune from the unsettling effects of a contested election. The story is familiar, and, these days, hardly surprising: a state holds elections, losing candidates and their supporters claim fraud, people take to the streets, diplomats and heads of state equivocate, and everyone waits for the observers' reports. It is the last chapter of this story-the resolution-that remains unfamiliar and still holds the potential to surprise. The increasing focus on and importance of the resolution of contested elections, that resolution's link to …

Michelot Yogogombaye V. Republic Of Senegal, Charles C. Jalloh

Articles

No abstract provided.

The Trouble With Treaties: Immigration And Judicial Law, Angela M. Banks

Faculty Publications

No abstract provided.

October Roundtable: Mdgs And Human Rights Introduction

Human Rights & Human Welfare

An annotation of:

“The UN millennium development goals can be put back on track” by Philippe Douste-Blazy. The Guardian. September 5, 2010.

“For Any Reason”: Paper Promises To Protect Service Members, Tami Martin

Legislation and Policy Brief

In short, "Don't Ask, Don't Tell" (DADT) is the law that prohibits lesbian, gay, and bisexual (LGB) individuals from serving openly in the military. Despite the fact that the Obama Administration has yet to fulfill the campaign promise of ending DADT, many believe the question is more "when" than "if" it will be repealed. Much attention has focused on ending the policy, but it is also important to consider what might happen after repeal. This article briefly examines the history of DADT, major policies meant to protect service members from harassment they experience because of their actual or perceived sexual …

What Should Organized Human Rights Activism In Africa Become? Contributory Insights From A Comparison Of Ngos And Labor-Led Movements In Nigeria, Obiora Chinedu Okafor

Buffalo Human Rights Law Review

What, if anything, might the significantly greater success of Labor-led human rights movements in Nigeria, as compared to the performance of the self-described human rights NGOs that also operate in that country, tell us about the ways to optimize organized human rights activism in Nigeria, and perhaps in the rest of the African continent? This is the central question that animates this article. After a review of the character of and modes of struggle employed by, both kinds of human rights groups, the article argues that the important institutional and conceptual differences that exist between Labor and the NGOs explain …

In Land We Trust': The Endorois' Communication And The Quest For Indigenous Peoples' Rights In Africa, Korir Sing' Oei A., Jared Shepherd

Buffalo Human Rights Law Review

This article examines Communication 276/2003, Center for Minority Rights Development (Kenya) and Minority Rights Group International on behalf of the Endorois Welfare Council v. Kenya, argued before the African Commission on Human and Peoples' Rights. The Endorois Communication is one of the first indigenous rights claims to be examined by an international body after the adoption of the United Nations Declaration on the Rights of Indigenous Peoples.

This article begins by placing the Communication within the context of the international indigenous rights movement. The authors then explore the Commission's historical use of Articles 60 and 61 of the African Charter …

Returning Home: The Challenge Of Repatriating Foreign Born Child Victims Of Forced Labor From India, Kathleen Kerr

Buffalo Human Rights Law Review

No abstract provided.

Reevaluating Self-Determination In A Post-Colonial World, Joshua Dilk

Buffalo Human Rights Law Review

No abstract provided.

Symposium: Introduction, Ann Maclean Massie

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

The Three Ps Of The Trafficking Victims Protection Act: Unaccompanied Undocumented Minors And The Forgotten P In The William Wilberforce Trafficking Prevention Reauthorization Act, Jennifer Nguyen

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.