Human Rights Law Commons^™

Constitutional Freedoms In The United States, Tom Rozinski

Open Touro Created

2025

Constitutional Freedoms is an undergraduate text for courses in civil rights and liberties. It covers most of the subject areas of other undergraduate texts, although it rearranges some in ways that are more conducive to student learning. The major difference is that freedoms of speech and press are treated together as aspects of communication, rather than separately because so distinguished in the US Constitution. The book includes sections on Supreme Court procedure, methods of interpretation, and tests for unconstitutionality, as well as information about experiential learning opportunities for students.

Respuesta A Una Crítica Política Y A Un Ataque Personal Contra Un Informe De Las Naciones Unidas Que Presenta Nueva Evidencia Sobre La Prostitución Como Causa Y Consecuencia De La Violencia Contra Las Mujeres Y Las Niñas, Reem Alsalem

Dignity: A Journal of Analysis of Exploitation and Violence

Reem Alsalem, Relatora Especial de las Naciones Unidas sobre la violencia contra las mujeres y las niñas, sus causas y consecuencias, responde a las acusaciones falsas y infundadas y a los ataques personales sobre su informe sobre Prostitución y Violencia contra la Mujer, presentado ante la 56ª sesión del Consejo de Derechos Humanos de las Naciones Unidas en Ginebra, 2024. Presenté nueva evidencia sobre la relación entre la violencia contra las mujeres y las niñas y la prostitución. Utilizando el derecho de los derechos humanos, el informe describe la prostitución como un sistema de abuso, explotación y violencia contra las …

Response To A Political Critique And Personal Attack Against A United Nations Report That Presented New Evidence About Prostitution As A Cause And Consequence Of Violence Against Women And Girls, Reem Alsalem

Dignity: A Journal of Analysis of Exploitation and Violence

Reem Alsalem, the United Nations Special Rapporteur on the Elimination of Violence Against Women and Girls, Its Causes and Consequences, responses to the false and unfounded accusations and personal attacks on her Report on Prostitution and Violence Against Women presented before the 56^th session of the United Nations Human Rights Council in Geneva, 2024. I presented new evidence regarding the relationship between violence against women and girls and prostitution. Using human rights law, the Report described how prostitution is a system of abuse, exploitation, and violence against women and girls. The Report’s goal was to clarify concepts and terminology, …

Decriminalization Matters: Lgbtq Transnational Litigation Networks And Movement Lawyering In The Global South, Ayodeji Kamau Perrin

Faculty Scholarship

In the last decade, a distinct sociolegal phenomenon has been sweeping across the Global South—the judicial decriminalization of same-sex sexual conduct. On the other hand, progress on LGBTQ rights has occurred in parallel to transnational countermobilization and backlash against LGBTQ rights. Yet, neither the phenomenon of judicial decriminalization nor the countermobilization and backlash to decriminalization has attracted the attention that these phenomena deserve from doctrinal legal scholars, comparative and international law scholars, or legal mobilization scholars.

In this paper, I help to remedy this oversight by making three contributions to legal mobilization scholarship and to international law and relations scholarship. …

A Litany For Blessed Diversity, Emma De Ramón Acevedo, Marco Enríquez, Jordi Padilla-Delgado, Ammel Sharon

Popular Media

No abstract provided.

The Right To Truth In Transitional Justice, Nouran Hassan

Theses and Dissertations

Transitional justice is sought by nations suffering from legacies of human rights violations. The field of transitional justice stands on four main pillars: truth seeking, criminal justice, reparations and guarantees of non-recurrence. It promotes utilizing legal and non-legal mechanisms to achieve a transition to democracy and the mechanisms employed must relate to, at least, one of its pillars. Truth is considered substantial for transitions to happen. Revealing the truth is believed to be essential for reconciliation and promoting peace. However, in various experiences the truth did not lead to reconciliation and was widely distorted. The approach of the transitional justice …

Duty Bearer-Right Holder In Law Number 4 Year 2024 On Maternal And Child Welfare In The First Thousand Days Of Life Phase, Tiyas Nur Haryani

Jurnal Ekonomi Kependudukan dan Keluarga

Law No. 4 Year 2024 on Maternal and Child Welfare in the First Thousand Days of Life has been promulgated by the government of the Republic of Indonesia. The regulation guarantees the implementation and fulfilment of the needs of mothers and children in order to improve the quality of human resources. This article aims to map the duty-bearers-rights holders in the draft law on maternal and child welfare in the first thousand days of life. Analysing the position of maternal mothers is the main focus of this research, as maternal mothers are the main subjects in the draft law on …

The Cardozo Center For Public Service Law Invites You To: P*Law 2025, Cardozo Center For Public Service Law

2025 Event Invitations

Cardozo's commitment to public service is highlighted every January during Public Interest Law Advocacy Week (P*LAW), a series of events that includes daily panels and workshops featuring inspiring conversations about the practice of public interest law. Join us for P*LAW 2025, which will feature panels discussing immigration, LGBTQ+ rights, reproductive freedom, human rights, labor relations, and more.

Of Duty And Distress: Addressing Sea Slavery Through The Duty To Render Assistance, Austin Fullmer

International Law Studies

Sea slavery—men trapped in forced labor on board illegal, unreported, and unregulated (IUU) fishing vessels—exists across the world’s oceans. If confronted with sea slavery while conducting a boarding of a foreign-flagged IUU fishing vessel on the high seas, may a coastal State military officer free the victim? This article answers the question affirmatively, relying on the duty to render assistance under the international law of the sea. That duty requires all mariners who receive information that a person is in distress to proceed with all speed to assist the person in distress. In order to meet the definition of “distress,” …

Optimising The National Strategy For Progressive Employment Absorption To Ensure The Rights And Responsibilities Of Citizens In Indonesia, Rizda Ardyati, Afridah Ikrimah

Jurnal Civics: Media Kajian Kewarganegaraan

Indonesia is experiencing a demographic transition phenomenon. This can be seen from the results of the 2010 population census, which showed a positive trend in the productive age population, namely 15-64 years. In that year, the proportion reached 66% of the total population. The potential growth of Indonesia's productive population can be an engine of sustainable economic growth or a source of social conflict between classes in the future, if the government cannot handle this potential, it will become a problem related to fulfilling the rights of citizens to get decent work, because instead of being absorbed into the workforce, …

"Safe Third Country": Democratic Responsibility And The Ends Of International Human Rights, Paul Linden-Retek

Contributions to Books

Published as Chapter 3 in Lawless Zones, Rightless Subjects: Migration, Asylum, and Shifting Borders, Seyla Benhabib & Ayelet Shachar, eds.

The Eighth Amendment’S Paper Tiger: Pain, Executions, And The Cruel And Unusual Punishment Clause, Alexandra L. Klein

Scholarly Articles

The Eighth Amendment prohibits “cruel and unusual punishments.” This prohibition applies to the way states carry out executions: states may impose capital punishment but may not do so in a way that is unconstitutionally cruel. Over a trilogy of cases that began with Baze v. Rees in 2008, the Court developed a test for analyzing whether a state’s proposed method of execution violated the Eighth Amendment. Under Baze/Glossip/Bucklew, a person challenging a state’s method of execution must show that the method of execution poses a severe risk of “superadded” pain and suffering that can be alleviated by a readily …

Legalist Realism, Mark A. Drumbl

Scholarly Articles

This essay explores the scholarly footprint of Professor Megan Fairlie. This is a footprint of "legalist realism." Professor Fairlie was greatly concerned with legalism, in other words, the centrality of due process, the rights of the defendant, and human dignity in trials of individuals accused of the most heinous crimes. She was committed to put the law in international criminal law. And her view was one of realism, notably, that the structure of international institutions must be mindful of power politics, and expectations and ambitions ought to recognize the limitations and possibilities of politics in order to retain legitimacy and …

Introduction, In Children And Violence: Agency, Experience, And Representation In And Beyond Armed Conflict (Christelle Molima Bameka Et Al. Eds., 2025), Christelle Molima Bameka, Mohamed Kamara, Mark A. Drumbl

Books and Chapters

This multi-disciplinary volume provides an innovative approach to children and violence, looking beyond the existing literature that focuses on child soldiers in the ‘Global South.’

Harnessing expert contributions from over a dozen countries, the book examines the relationship between children and violence, with a focus on children ensnared in military conflict, embroiled in criminal gangs, and enmeshed in political activism. It analyses how children join fights, how they fight, and what happens to them after fighting officially ends. It addresses cutting- edge issues such as cyberwars, self-defence, intergenerational trauma, gender fluidity, racism and state surveillance. Throughout, the book underscores the …

Children As Informers And Denouncers, In Children And Violence: Agency, Experience, And Representation In And Beyond Armed Conflict (Christelle Molima Bameka Et Al. Eds., 2025), Mark A. Drumbl, Barbora Holá

Books and Chapters

This chapter explores the use of children in propaganda and informing networks as forms of violence. While this chapter nests in 20th- century Communism in the Soviet Union and Czechoslovakia, the interface of children with these networks is not unique to these times and places. Indeed, these experiences link to those elsewhere, thereby elucidating the dually manipulated and agentic role of children in a regime’s fight for legitimacy and thereby blending with a number of contributions to this volume including those by Mohamed Kamara and Sylvie Bodineau. The point of this chapter is not to particularise (or pathologise) Soviet and …

Protecting Human Rights, Larry Herman, Richard Newcomb, John Boscariol

Canada-United States Law Journal

A panel discussion on protecting human rights through economic sanctions and supply chain due diligence.

Friday Luncheon Keynote, Isha Khan

Canada-United States Law Journal

No abstract provided.

Ziada V. Netherlands: Accountability Of State Officials In The European Court Of Human Rights, Mckenzie Gallagher

Human Rights Brief

In 2014, a Dutch Palestinian man, Mr. Ismail Ziada, lost six close family members in an Israeli airstrike labeled “Operation Protective Edge,”—a seven weeklong military offensive, waged by the Israeli defense forces (“IDF”) in the Gaza Strip. The family’s home, which was destroyed as a result of the attacks, was situated within the Al-Burej refugee camp. Shortly thereafter, the United Nation General Assembly established these attacks on civilians and civilian infrastructure were orchestrated by senior military officials, and strongly indicated the acts constituted a commission of war crimes in violation of international humanitarian law, international human rights law, and international …

The “Gray Zone”: Safeguarding Diplomatic Premises From Attacks By Third Countries, Tim Streit

Human Rights Brief

Diplomatic inviolability is a key norm in international law which guarantees that a state receiving a diplomatic mission from another state will not intrude on the mission’s physical premises and will protect them from any invasion or damage. The concept predates even Hugo Grotius, the so-called “father of international law,” who in his own works referenced it as established practice in the diplomatic community. The receiving state’s obligations towards diplomatic missions in its territory were solidified in the Vienna Convention on Diplomatic Relations in 1961. The same principles were later reiterated in the Vienna Convention on Consular Relations.4 Both treaties …

Vulnerability In The Law, Sara Aziz, Aisli Ali, Casey Williams, Lindsey Nye, Saya Khandhar, Sofia Bazdekis

Human Rights Brief

On Monday, February 24, 2025, the Human Rights Brief (“the Brief”) at American University Washington College of Law (“WCL”) held its annual spring symposium with the theme of “Vulnerability in the Law.” This year’s theme aimed to highlight areas where legal systems fall short in protecting vulnerable populations, as well as highlighting where the law itself is vulnerable. The symposium was organized by Symposium and Education Editor Sara Aziz, in collaboration with the Junior Symposium Staff: Asli Ali, Casey Williams, Lindsey Nye, Saya Khandhar, and Sofia Bazdekis. The team worked relentlessly to coordinate panels on legal issues, including technology, environmental …