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Former Peruvian President Fujimori\u27s Forced Sterilization Program Faces Prosecution 26 Years Later
Get PDFIn 1996, the Peruvian government under President Alberto Fujimori launched the National Reproductive Health and Family Planning Program (PNSRPF). While the government pitched the program as a way to promote access to family planning for low-income families and a way for women to be “masters of their own destiny,” the PNSRPF functioned as a forced sterilization program. From 1996 to 2001, 272,028 people were forcibly sterilized, the majority of them impoverished indigenous women from rural areas
The Battle Over Bostock: Dueling Presidential Administrations & The Need for Consistent and Reliable LGBT Rights
Get PDFIn the summer of 2020, the Supreme Court released its opinion in the landmark civil rights case, Bostock v. Clayton County, Georgia. In the Bostock decision, the Court held that protections from employment discrimination “because of sex” under Title VII of the Civil Rights Act of 1964 (“Title VII”) include discrimination on the basis of sexual orientation and gender identity. Prior to the Court’s decision, millions of LGBT employees had no protection from discriminatory treatment based on sexual orientation or gender identity, and discrimination was pervasive
Second Chance Pell Experiment: How the United States is Starting to Recognize Education as a Right
Get PDFFor decades, education as a right has been an issue between U.S. citizens and U.S. courts. U.S. courts maintain that education is not a right, as it was not explicitly stated in the U.S. Constitution. Since the U.S. Constitution is silent about education, U.S. courts have applied the 14th Amendment to defer educational matters, such as compulsory school requirements, to each state. Currently, education in the United States is generally a right until middle school. After middle school, the American government allows parents and students to determine whether additional education is necessary in their situation. This view causes disparities for students desiring to further their education at colleges and universities, between those that can and cannot afford post-secondary education tuition. One segment of the American population that has been excluded from obtaining higher or post-secondary education are incarcerated individuals. Until recently, the American government prohibited incarcerated individuals from having access to post-secondary educational programs within prisons. Offering post-secondary educational programs in state and federal prisons could be as effective as substance abuse programs or vocational trainings currently offered, to provide them with the tools to be productive citizens once released. If the United States permits incarcerated individuals to receive post-secondary education, they will in essence, acknowledge education as more than a right for all of their citizens and live up to the international human rights standards
Erasmian Perspectives on Copyright: Justifying a Right to Research
Get PDFThe right to research exists in many jurisdictions as an exception to copyright infringement but unharmonized and inconsistent in its application, with no universal understanding or acceptance of how such a right should be framed. Researchers face unknown and uncertain obstacles in accessing research and scholarly works, which in turn frustrates their own research and development. While copyright law has increasingly strengthened in scope and duration over time, there has been a reactive backlash to this in the form of calls for a more balanced copyright regime, including the recognition of a clear right to research. The keys to understanding and justifying a broader and expansive research exception to copyright are already known to us. At the dawn of print technology, Desiderius Erasmus and his contemporaries in the 15th and 16th world of academia, contemplated the implications of such technology and what it might mean for access to and dissemination of knowledge. The issues they had to confront were no different to those experienced by scholars in the 21st century. This paper examines the views of Erasmus and his contemporaries, unencumbered by the baggage of the many conflicting theories and ideologies which developed later and underpin copyright today, on how best education and the dissemination of knowledge should be served by new technology. It is acutely apparent Erasmus and his contemporaries viewed access to knowledge as a fundamental right, as should be the case today
Transitional Justice, Truth, and Copyright: The Case of Colombia
Get PDFThe impact of copyright on various aspects of human life is becoming increasingly evident. This paper explores, for the first time in the literature, the relationship between copyright and the search for peace, with a focus on the transitional justice process in Colombia. Through a documentary research methodology, the study highlights the challenges posed by copyright laws that lack certainty in the application of exceptions and limitations to the digital world. Such challenges can difficulty a process that is inherently complex and holds great significance. Moreover, these laws also affect access to information, which is crucial in a context where transitioning to peace is imperative. Thus, there is a pressing need to devise a system of exceptions and limitations that can adapt to social and technological changes
Can Bilateral Agreements on Migration Control be a New Way for the Global Compact on Refugees (GCR) and the Global Compact on Safe, Orderly and Regular Migration (GCM)?
Get PDFBoth externalization and external dimension of migration control play critical roles in the contained mobility around the world, especially in the southern external borders of the EU in the last decades. Externalization aims to contain mobility of migrants (including irregular migrants, refugees, asylum seekers or economic migrants) beyond national borders of destination states by using different practices such as push-back operations at the sea or keeping migrants in the extraterritorial camps until the evaluation of their asylum claims. On the other hand, the external dimension pursues migration control via carrying out softer policies than externalization. As one of most popular destinations, Southern European countries have changed the focus on migration policies to the external dimension to contain migration mobility towards the European Union. However, such externalization practices are mostly controversial in terms of compliance with human rights obligations as well as pledges to GCR and GCM of the states pursuing these practices.
Despite these concerns, the UK, a state which left the EU, and Denmark, which is still part of the union, opened a new chapter in Europe about migration policy by refoulment of asylum seekers to third countries by signing bilateral agreements to keep people in extraterritorial camps until the outcome of their refugee status claim, which is a method of externalization. The method implemented by the UK and Denmark gives rise to debated issues such as violations of fundamental human rights and pledges of GCR and GCM. On the other hand, the EU rather prefers to sign readmission agreements, which is a part of the external dimension, with non EU countries than those kinds of agreements.
Nevertheless, agreements signed by destination states like the UK or Denmark, and third states such as Rwanda, to externalize asylum systems have been extensively discussed in terms of their negative impacts on international human rights obligations. However, readmission agreements, such as the one in the EU-Turkey deal, have not been sufficiently scrutinized. These agreements aim to readmit asylum seekers or irregular migrants to a third state or their original country. The potential of this migration control approach to contribute to the Global Compact on Refugees (GCR) and Global Compact for Migration (GCM) as a new method of contained mobility has not been adequately explored. Moreover, the possible violations of human rights obligations and commitments to the GCR and GCM have not been thoroughly examined.
Therefore, the proposed research will firstly compare the agreements signed between a destination state and a third state (cooperation agreements) with the intent of keeping migrants in the third country until bringing a conclusion about refugee status claims of asylum seekers held in the third country to readmission agreements signed by the EU and a non-EU state to send people back to the state of their origin or a third state on the purpose of keeping people there in return for some incentives from the EU to non-EU state. This comparison would then reveal what kinds of similarities or differences these two contained mobility practices have in terms of violations of human rights obligations and pledges taking place in the GCR and GCM. Secondly, the research will discuss whether readmission agreements can be referred as a type of the external dimension policy helping fulfillment of pledges to the GCR and GCM
Revisiting Goldwater-Nichols: Why Making the Joint Staff A General Staff will Improve Civilian Control of the Military and Refine the Constitutional Balance of War Powers
Get PDFAs the United States has progressively become more involved globally since World War II, the U.S. military is being stretched beyond the professional military competency straining civilian control of the military. To remedy this, it is again time to revisit our national security structure, and adopt a General Staff in place of the Joint Staff. Following World War II and the destruction of the German General Staff by the Nazi Party, the General Staff as an institution has been emotionally rejected in the United States without a careful historical and legal examination of how that institution operates under varying forms of government and without an understanding of how it would operate under the United States’ peculiar constitutional form of government. Exploring the historical and legal roots of the General Staff demonstrates that replacing the Joint Staff with a General Staff subordinated into the chain of command will act as a check on the ever-expanding influence of the military, while at the same time strengthening the military’s ability to decisively defend U.S. national interests. Further, a General Staff will clarify the constitutional separation of military powers in a way that mitigates the politicizing effects of the separation of powers doctrine restoring balance to the constitutional division of military powers
The Inspection Panel Early Years (An Inside Story)
Get PDFThis retrospective analysis explores the establishment and evolution of the World Bank Inspection Panel, from the perspective of the Panel’s first executive secretary. The Perspective describes the initial expectations, challenges, and concerns faced by the first Panel members as they wrestled to operationalize an unprecedented institution. The Perspective documents the strategic actions the Panel took to safeguard its independence and ensure its accessibility to potential claimants. The Perspective concludes with a review of the Panel’s contemporary struggles for autonomy prompted by a restructuring of the Panel and the evolving landscape of accountability mechanisms within the World Bank Group
Use and Improve is My Accountability Mantra, Despite 30 Years of Eye-opening Disappointments
Get PDFThis essay finds justification for championing the continued existence, functioning and evolution of Independent Accountability Mechanisms (IAMs). An inside assessment of the thirty-year functioning of IAMs reveals that inadequate power and independence are severely hampering IAM efforts to hold actors accountable for harm. Simultaneously, IAMs can’t make progress without the underlying financial institutions reforming their incentive structures to reward harm prevention and remedy. Despite decades of systemic failure to deliver accountability, when exceptions happen, they are worth it and can be spectacular. With an influx of new climate-related funding expected at the financial institutions, exceptions need to become the rule. This essay argues for the use and improvement of IAM systems, as they remain one of the only avenues to support those harmed
Prisoners and the Law, Volume 6
No full textPrisoners and the Law focuses on legal issues commonly affecting the prison population, including AIDS, drugs, overcrowding, security, appeals, weapons, correspondence, visitation issues, and prisoner safety. In-depth articles, written by leading authorities, cover topics such as:
• The future of prison reform
• Restitution
• Proposals for a new correctional system
• Inmate welfare funds
• Prisoner, prison, probation, and parole statistics
• Incisive articles, written by some of the nation\u27s leading authorities, on the development and present status of this evolving area of law
• The most recent changes and developments in the field
Use this title as a resource for issues relating to private incarceration, disenfranchisement of ex-felons, deaf prisoners\u27 rights, and other legal challenges. Statistics on prisoners, prisons, probation, and parole are included.https://digitalcommons.wcl.american.edu/facsch_bks/1285/thumbnail.jp