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The objective of this study was to better understand promising pathways to realizing human rights norms in the context of rapidly developing cities, and the role that the courts play in this process. Scholars have already started to ask these larger questions of social transformation; however, there continues to be a need for further research since the answers are vast and context-dependent. In order to contribute to these larger conversations, this project examined a key social right in Delhi \u2014 the right to housing. This study relied on interviews with key actors in Delhi's housing sector as well as a review of housing rights cases in the Delhi High Court in order to understand what mechanisms various actors utilize in the context of Delhi to realize the human right to housing on the ground. These two types of data were compared and contrasted to past research on human rights scholarship, law and social literature, and studies on urbanization. Two frameworks from these bodies of knowledge, the MAPs framework developed by Haglund and Aggarwal (2011) and the triangular framework created by Gauri and Brinks (2008), were utilized in particular to analyze interview and court data. Overall, this study found that the courts in India are advocates for housing rights, but that their advocacy is often limited, cautious, and influenced by a pattern of bias against populations without legal title to land. This study also found that communities and their allies are often more successful in realizing the right to housing when they combine litigation with other non-legal social change mechanisms. Consequently, it appears that the role of the courts in realizing ESR in Delhi is both complicated and limited, which means that pathways toward ESR realization are more promising when they incorporate non-legal mechanisms alongside court action.
ContributorsHale, Nicole (Author) / Haglund, LaDawn (Thesis director) / Aggarwal, Rimjhim (Committee member) / Barrett, The Honors College (Contributor)
Created2016-05
Description
This paper examines five different human rights treaties in order to test the role of reservations in international law. Through the creation of a typology of reservations, which include Domestic Framework, Minor Objection, Oversight, Cultural, Political, and Negation Reservations, this paper tests the typology against three hypotheses: 1) reservations weaken international law, 2) reservations are neutral to international law, and 3) reservations strengthen international law. By classifying reservations on this spectrum of hypotheses, it became possible to determine whether reservations help or hinder the international human rights regime. The most utilized types of reservations were Domestic Framework Reservations, which demonstrates treaty reservations allow for states to engage with the treaties, thus strengthening international law. However, because the reservations also demonstrate a lack of willingness to be bound by an external oversight body, reservations also highlight a flaw of international law. CEDAW proved to be a general outlier because it had 2-6 times the amount of negation and cultural reservations, which could potentially be attributed to the more societal, as opposed to legal, adjustments required of States Parties.
ContributorsRhoades, Marissa Danielle (Author) / Rothenberg, Daniel (Thesis director) / Peskin, Victor (Committee member) / Barrett, The Honors College (Contributor) / School of Social Transformation (Contributor) / School of International Letters and Cultures (Contributor) / Sandra Day O'Connor College of Law (Contributor) / School of Politics and Global Studies (Contributor)
Created2014-05
Description
Human trafficking is not a new problem, but has gained recognition in the last decade as one of the world's most serious and large-scale violations of human rights. Though the figures vary wildly due to insufficient data, the U.S. State Department estimates that there are as many as 20 million victims of trafficking around the world. As more attention is shifted towards the problem, even the most developed nations of the world are recognizing the gravity of human trafficking and slavery within their borders. Stories of trafficking have many similarities across borders and cultures, but all countries have unique methods of addressing this issue in their own backyard. In response to the rising interest in this issue both academically and politically, this honors thesis is intended to contribute to the literature on human trafficking in the Peruvian case. Specifically, this document examines how U.S. Embassies can influence anti trafficking efforts abroad through effective collaboration with host county governments and NGOs. The argument of this paper is that, through collaboration with these two partners, U.S. Embassies can improve the existing anti-trafficking efforts, or aid in the creation of new ones. In order to explore this argument, I examine how the U.S. Embassy in Lima works with the Peruvian government and Peruvian non-governmental organizations (NGO) on combating trafficking.
ContributorsLawson, Shelby Marie (Author) / Hinojosa, Magda (Thesis director) / Lake, Milli (Committee member) / School of Politics and Global Studies (Contributor) / School of International Letters and Cultures (Contributor) / Barrett, The Honors College (Contributor)
Created2017-05
Description
Female circumcision, or more commonly known to the world as Female Genital Mutilation/Cutting (FGM/C), is a human rights abuse that has been taken seriously by the international community since the late 1990s. Since this practice is most common in Africa, this study puts a spotlight on female circumcision in Sudan. The prevalence in Sudan of this practice has informed a lot of research on the subject, but for the purpose of the paper, there is a specific focus on the discussion of female circumcision as it pertains to human rights. The discourse surrounding the topic of female circumcision in Sudan, as well as the international community in general, is sometimes divisive, patronizing, and not culturally competent. This paper explores the human rights abusive practice of female circumcision in Sudan and discusses its tradition, the types of circumcision performed, the history behind it, and the religious debates surrounding it. Most importantly, this paper discusses the political and colonial influences that informed how the international community framed the issue of female circumcision today. This paper critiques the colonial approach to eradicating circumcision, and speaks to the non-intended neo colonialist approach that the United Nations currently takes when it comes to "Female Genital Mutilation." Understanding these religious and colonial influences behind female circumcision will inform the analysis of what has been done to combat the practice in Sudan, as well as what is presently happening. The paper will end with my recommendations. These recommendations will seek the best approach to help victims of Female Circumcision without provoking them from a provincial, colonialist attitude.
ContributorsIsmail, Selma Ismail (Author) / Ali, Souad T. (Thesis director) / Mousa, Neimeh (Committee member) / W.P. Carey School of Business (Contributor) / School of International Letters and Cultures (Contributor) / School of Politics and Global Studies (Contributor) / School of Historical, Philosophical and Religious Studies (Contributor) / Barrett, The Honors College (Contributor)
Created2018-05
Description
The perception that homosexuality is an immoral affliction and an innovation from Western cultures is prevalent throughout Africa, specifically in six case countries: Togo, Nigeria, Senegal, Uganda, Zimbabwe, and Namibia. This thesis seeks to demonstrate that homophobia, not homosexuality, is the true Western import. Additionally, it will analyze the background and colonial histories of my six dossier countries, their current laws surrounding LGBT+ rights, the social and legal repercussions of being LGBT+, and the consequences of state-sponsored homophobia in terms of justice, international law, and the future of each country. Based on my research, all these case countries use colonial-era provisions, penal codes, and religious norms to discriminate against homosexuals, which operate under legally-mandated “morality,” a notion inherently subjective. Additionally, the most targeted groups are gay men and transgender people, while lesbians and bisexual women are rarely targeted and convicted compared to homosexual men. This is due to various social, legal, and religious factors regarding the high importance of patriarchy and masculinity. Ultimately, this thesis concludes that European colonization in Togo, Nigeria, Senegal, Uganda, Zimbabwe, and Namibia introduced new legal norms that persecuted pre-colonial practices of homosexuality under the guise of morality. Now, the repercussions are rampant and dangerous (especially for homosexual men and transgender people) and cannot be overcome without radical changes to local legal and social systems.
ContributorsZanon, Brooke (Author) / Joslin, Isaac (Thesis director) / Lennon, Tara (Committee member) / Barrett, The Honors College (Contributor) / School of International Letters and Cultures (Contributor) / School of Politics and Global Studies (Contributor)
Created2023-05
Description
In this study, I will address the human rights of Roman citizens in the Late Republic, focusing on Cicero’s Ad Quintum Fratrem and In Verrem to answer the following question: Did the universalist philosophical interest in human rights, evident in Cicero, ever translate to actual, practical legal principles to protect peoples subject to Roman law from arbitrary capital punishment?
Although Romans had an analog to human rights in the lofty realms of philosophical thought, this idea was not fully developed in the practical legal sphere and did not serve to protect non- citizens from arbitrary capital punishment, as the modern perception of the word denotes. The lack of procedure to organize persecution for the position of praetor until after the end of their term allowed selfish leaders to inflict arbitrary punishments on peoples subject to the Roman sphere of influence, even citizens, without answering for their actions in court. Because praetors could not be prosecuted for their actions in office until the end of their term, laws intended to protect subjects from arbitrary punishment could be disregarded until long after those subjects had suffered their punishment and/or execution. This system failed to protect these peoples from arbitrary punishment by the praetors because the state could not reprimand them in time to save their subjects from arbitrary sentencing. Therefore, the praetors were at liberty to violate what we might consider basic human rights.
ContributorsKrainski, Emily (Author) / Sullivan, Benjamin (Thesis director) / Arena, Paul (Committee member) / Barrett, The Honors College (Contributor) / School of International Letters and Cultures (Contributor)
Created2022-05