Human Rights At Home Blog

Your Guide to Defining and Researching the Human Right to Education

Jootaek Lee, an assistant professor and librarian at Rutgers Law School, has just published a new article that  provides a bibliography, a definitional discussion, and a research guide to the Human Right to Education, available for download here or through the Emory International Law Review.  Lee's earlier research guide on the Human Right to Water is also available through SSRN or through Northeastern Law School.

Why is Lee focusing his scholarship on human rights, and education in particular?  We asked him, and here's his provocative and nuanced response, particularly pertinent given moves to privatize education worldwide:

"I am motivated to write this article because I believed that the promotion of the human right to education is an ultimate solution to many human rights issues and empowers other human rights, especially economic, social and cultural rights.  A clear definition of the human right to education and delineating the boundary and scope of education to be protected will enhance its promotion and protection. Since this traditional human right to education has a long history since 1940s, scholars have defined education in many different ways, and the traditional definition using availability, accessibility, acceptability, and adaptability have been threaten by commercial approaches, self-regulatory market of capitalism and modern liberal theories."

 

Your Guide to Defining and Researching the Human Right to Education

Jootaek Lee, an assistant professor and librarian at Rutgers Law School, has just published a new article that  provides a bibliography, a definitional discussion, and a research guide to the Human Right to Education, available for download here or through the Emory International Law Review.  Lee's earlier research guide on the Human Right to Water is also available through SSRN or through Northeastern Law School.

Why is Lee focusing his scholarship on human rights, and education in particular?  We asked him, and here's his provocative and nuanced response, particularly pertinent given moves to privatize education worldwide:

"I am motivated to write this article because I believed that the promotion of the human right to education is an ultimate solution to many human rights issues and empowers other human rights, especially economic, social and cultural rights.  A clear definition of the human right to education and delineating the boundary and scope of education to be protected will enhance its promotion and protection. Since this traditional human right to education has a long history since 1940s, scholars have defined education in many different ways, and the traditional definition using availability, accessibility, acceptability, and adaptability have been threaten by commercial approaches, self-regulatory market of capitalism and modern liberal theories."

 

The Impact of US Ambivalence on the Human Right to Water

A few weeks ago, on the occasion of the UN General Assembly's resolution on World Toilet Day, the United States took the opportunity to make a formal statement stressing its ambivalence concerning the human right to water.  The statement emphasizes that since the US is not a party to the International Covenant on Economic, Social and Cultural Rights, the US isn't bound by any right to water derived from its provisions.  The right to live in the International Covenant on Civil and Political Rights, to which the US is a party, doesn't implicate water, the US asserts.  And any discussion of the relationship between water rights and climate change doesn't belong in the General Assembly in the first place, the US charges.

Meanwhile, in Flint, Michigan and elsewhere in the US, we can see the on-the-ground consequences of US refusal to acknowledge the human right to water -- a right that, under international law, requires progressive realization rather than immediate achievement. In Flint, for example, residents have lost trust in government's assurances about water safety.  The city is in the process of replacing lead pipes, but has been unable to fully complete the work and move on from the crisis in part because of a general lack of trust in Flint's government and its water initiatives.

While certainly not perfect, California's legal infrastructure on water provides a sharp contrast that ripples through that state's communities.  With the legal recognition of the human right to water embedded in California law, legislators and advocacy groups have been able to make important, if partial, progress toward realization of the right.  In the summer of 2019, the Governor signed a new law creating a fund to support clean water access to vulnerable communities, a move widely praised by advocates.  The state's Human Right to Water on-line portal  -- a work in progress -- promises to describe other initiatives, and provide data to facilitate continued monitoring of the state's realization of the right.  

The recent comprehensive research report titled Closing the Water Access Gap acknowledges that simply declaring a human right to water isn't enough, but notes that the framework adopted in California has changed the framework for advocacy and legislation, and has supported further progress. 

Unfortunately, as a nation, the US still hangs back, refusing to acknowledge the fundamental human rights to water and sanitation, and instead reinforcing the lack of trust in government that stifles progress.

 

Mapping Risk at Work

Recently US News reported on an endeavor that mapped worldwide deaths at work.   While safety risk data is not consistently available, the researchers estimate that 2.8 million people died in 2017 from work-related deaths and diseases.  The report notes that according to UN data, 69,000 died in state-related conflicts.  

Other findings include the following:

• Complying to worker safety is challenging. Developing countries do not report statistics on concerns such as occupational safety or disaster-loss metrics. There is also very little data on public understanding of risk.
• There are around 340 million occupational accidents and 160 million victims of diseases related to work reported every year. Overall, the global economy is losing 4% of its gross domestic product due to such issues, which translates into about $3.2 trillion.
• In the European Union, work-related ill-health and injury cost the bloc about 3.3% of its annual GDP, more than $524 billion in 2015.
• In 2017, 4,674 worker fatalities in the United States happened in the private sector; 971 or 20.7% of these fatalities were in the construction sector. In addition, fatal falls were at their highest level in the 26-year history of the Census of Fatal Occupational Injuries accounting for 17% of workers' deaths.

The report acknowledges that many countries are signatories to conventions demanding worker safety, yet data collection is inconsistent.  The report, according to US News,  notes that the U.N. Office for Disaster Risk Reduction in the 2019 Global Assessment Report calls for a "democratization of risk information."  As with many agreements, policy without practical implementation postpone available human rights remedies.

 

Acknowledging World AIDS Day

This week celebrated World Aids Day. We celebrate that for many HIV/AIDS is a chronic condition that will not result in death from the condition.  And we celebrate the latest development that an Indian company has developed a strawberry flavored medicine that will provide infants with palatable, life-saving medication at the cost of only $1.00 per day.  

But very real ongoing human costs of AIDS/HIV exist.  Approximately 80,000 babies and toddlers die of AIDS yearly and 160,000 children are born with AIDS each year.  37.9 million people worldwide live with HIV or AIDS.  1.1 million of that number live in the United States.

We are fortunate that mortality rates are low and getting lower in the United States, particularly when compared with Africa.  But we need to acknowledge the ongoing struggles of those living with HIV/AIDS.  Approximately 37,000 new cases of HIV/AIDS diagnosed in 2018 in the US.   The increase in opioid use is a particular source of new infections among younger people. AIDS Alabama has announced a planned project that will provide homeless youth with safe shelter in Birmingham.  The residence will provide transitional housing, as well.  Safe housing will be a powerful tool against opioid use and the spread of AIDS.  Some living with HIV have no security of regular medical interventions.  Rural America is experiencing an increase in diagnoses, as well, but it is there that helpful resources are fewest.

Stigma still exists for those living with HIV/AIDS and discrimination reveals itself in employment, housing and other areas that impact daily living.  And criminalization of HIV/AIDS continues in many states.  So while medical advances have improved the lives of those living with HIV/AIDS, in the US we must be mindful of the stressors that impact the day to lives of those living with HIV/AIDS.  

We optimistically head toward the day where the conditions will be eliminated.  AIDS United projects 2050 as the year for reaching that goal.  Until that day we honor those who live with repercussions from discrimination that attaches to an HIV or AIDS diagnosis.  

 

AJIL Unbound Publishes Symposium on the American Convention on Human Rights

AJIL Unbound has posted the papers for its on-line Symposium on the American Convention on Human Rights.  Topics range from the role of NGOs in the Inter-American system to the rise of conservative governments in Latin America.  For a sample of the symposium, here is the abstract of the latter article, authored by Professor Jorge Contesse of Rutgers Law School:

Abstract

In 2009, as the American Convention on Human Rights turned forty, left-wing governments ruled in almost all Latin American countries. The democratization wave that began in the late 1980s had produced a seemingly hegemonic turn to the left — the so-called “Pink Tide.” A decade later, the political landscape was radically different. With only a few exceptions, right-wing governments have been in power throughout Latin America. The implications of the conservative wave are felt in a number of areas — including human rights.

This essay explores the ways in which the new conservative governments of Latin American have tried to curb the inter-American human rights system and examines the potential long-term consequences that their efforts may have on the regional system and the protection of human rights. It then suggests possible avenues for sound engagement between states and the system, observing that the Inter-American Court’s expansive case law may cause more harm in the long run.

 

Sign On Today To Support Inter-American HR Principles On Migration

 

From Cornell Visiting Clinical Professor Ian Kysel:

As you may know, the Inter-American Commission on Human Rights has for a number of years been working (with the support of the International Migrants Bill of Rights Initiative) on developing a set of Principles on the human rights of migrants in the Americas. Indeed, you may have reviewed or submitted comments on the most recent public draft in response to the Commissioner’s Questionnaire of this past February (available here:http://www.oas.org/en/iachr/reports/questionnaires.asp). In order to support the completion of this project and signal civil society’s view of the importance of a robust set of Principles, we hope you will consider signing on to the attached letter. Please indicate your willingness to do so by Monday 2 December 2019 by emailing me directly. I hope you will join me in supporting the Commission and this project.  To review the letter or for other information or to sign on contact Ian at:

ian.kysel@cornell.edu 

Call For Papers - Junior Scholars Workshops

 

Below are junior scholar workshops that provide opportunities for human rights advocates to submit their works.

 

2020 LAW AND HUMANITIES JUNIOR SCHOLARS WORKSHOP

Call for Papers

Columbia Law School, Georgetown University Law School, Stanford Law School, UCLA School of Law, the University of Pennsylvania, and the University of Southern California Center for Law, History, and Culture invite submissions for the nineteenth meeting of the Law and Humanities Junior Scholars Workshop, to be held at UCLA School of Law in Los Angeles, CA, on Sunday, June 7, and Monday, June 8, 2020. 

Open to nontenured professors.  The deadline for submissions is December 2nd.  The contact email is juniorscholarsworkshop@sas.upenn.edu

University of Michigan School of Law   The University of Michigan Law School invites junior scholars to attend the 6th Annual Junior Scholars Conference, which will be held on April 17-18, 2020, in Ann Arbor, Michigan. The conference provides junior scholars with a platform to present and discuss their work with peers, and to receive detailed feedback from senior members of the Michigan Law faculty. The Conference aims to promote fruitful collaboration between participants and to encourage their integration into a community of legal scholars. The Junior Scholars Conference is intended for academics in both law and related disciplines. Applications from graduate students, SJD/PhD candidates, postdoctoral researchers, lecturers, teaching fellows, and assistant professors (pre-tenure) who have not held an academic position for more than four years, are welcomed. Applications are due by January 3, 2020. Further information can be found at the Conference website: https://www.law.umich.edu/events/junior-scholars-conference/Pages/2020conference.aspx

 

Honoring Our Native Peoples

Perhaps we can honor this Thanksgiving by correcting the myths surrounding the holiday.  We best honor the truth of the hardships poured upon the native people by the white Europeans and their progeny.  A more accurate telling is that the American Native peoples welcomed the first arrivers and intended no harm.   In return, the Europeans, particularly the second and later generations, disrespected Native culture and attempted to extinguish Native cultures.

Fortunately many in the US are calling for our history textbooks to include accurate information on US treatment of enslaved people.   We must do the same for Native Peoples by acknowledging the harm done to tribal cultures and their individual members.  That harm at times included genocidal policies.   

Among our gratitudes this year can be our commitment to truth-telling.

  

Micro-Multilateralism: Building on the Human Rights Cities Initiative

Harvard's Belfer Center recently published a short paper titled Micro-Multilateralism: Cities Saving UN Ideals.   Noting the role that cities are playing in combatting climate change, the essay also credits the important work being done by human rights cities, particularly in Europe.  But, the authors argue, ask whether, "[l]audable as these efforts are, could more be done on a concrete “operative” action level? Could sub-states become independent actors in the human rights arena next to states?"

The answer they give is yes, and they cite two models of micro-multilateralism.   The first is an example of coordination between a German federal state and its cities.  According to the authors, "with the active support of 22 of its urban communities, the German federal state of Baden-Württemberg created deliberate and concrete sub-national human rights-based action by integrating more than 1,000 Yazidi women persecuted in Northern Iraq."  More information about the program is here. 

A second example is a similar initiative in Canada, with Toronto, London, Calgary and Winnipeg serving as host communities for Yazidi refugees. 

In the U.S., the dynamics are different, with the federal government often fighting local governments every step of the way as mayors and city leaders, as well as some governors, attempt to follow human rights principles in areas ranging from immigration to climate change. Yet micro-multilateralism persists, as state attorneys general coordinate litigation efforts to stave off federal human rights violations, and cities coordinate formally and informally on the same issues.  How much more good could be accomplished if the federal government simply allowed local governments to take action consistent with US human rights obligations!  In the meantime, micro-multilateralism in the U.S. has the potential to at least provide a counter-weight and an important brake on the current Administration's efforts to defy national human rights obligations.

Organizing To Vote

While the next presidential election is just under a year away, registration deadlines that will permit voting in the primaries are coming up quickly.  This is a year when choice matters.  The presidential campaign will be fierce and the primary process is essential in determining who President Trump's opposition will be.

Those with clinics might consider organizing students to assist with voter registration.  Check your state's deadlines.  Many states have February deadlines.  This is an important year to register racial, ethnic and sexual minorities.  Diversity votes are necessary to effect the change many seek.  

Marie Claire has a website that informs of primary voter registration deadlines.

 

Today's Blog is Completely Moot

Registration is open for the 2020 Inter-American Human Rights Moot Court Competition, sponsored by Washington College of Law, American University.  More information is available here.  The hypothetical case will be available on December 10, and the oral rounds of the moot will be held in Washington, D.C., from May 17-22, 2020.

Other human rights-related moot courts to keep an eye on are:

The Nelson Mandela World Human Rights Moot Court Competition, coming in 2020

The Children's Rights Moot Court, a bi-annual moot court in Leiden, open to law students from all countries.  The next moot will be held in 2021.

Trump's Military Pardons Violate International Humanitarian Law, Says UN Human Rights Office

On Tuesday, Rupert Colville, the spokesperson for the UN Office of the High Commissioner for Human Rights, condemned President Trump's action in pardoning two accused and one convicted war criminals. 

Lieutenant Clint Lorance was tried and convicted for ordering the shooting of Afghanistan civilians in 2013 and handed down a 20-year prison sentence.  Major Mathew Golsteyn was charged with executing an unarmed Afghan man who was a suspected Taliban bombmaker in 2010. He was scheduled to be tried in February.  And Chief Petty Officer Edward Gallagher was charged with murdering a captive in Iraq. He was acquitted but received a demotion for posing with the corpse for a photograph.  Last week, President Trump issued pardons for all three.  

The UN human rights office noted that the US military had proceeded appropriately by charging the three officers and bringing them to trial.  In fact, following the pardon, the Navy Seals nevertheless took action to oust Gallagher from the Seals.  But again, President Trump intervened to overrule the military. 

As Colville explained, pardons were not appropriate under these circumstances.  “While pardons exist in international law, and can properly address issues of injustice or unfairness,” he said, in these cases the President was “simply voiding the otherwise proper process of law.”

“These pardons send a disturbing signal to military forces all around the world," Colville added.

 

Portage MI - A Safe Haven for Human Rights

The Mayor of Portage, Michigan has reaffirmed that the city's committed to honoring human rights for all.  

"The city's human rights ordinance will be posted at each local government building in an effort to promote diversity in the county's largest city, according to Mayor John Cannon. Effective Nov. 18, 2019, it will be hung for display so that all residents and guests of our city will know that we are serious about human rights and that we are a welcoming community," he said.

"The city is committed to upholding the human rights of all persons in Portage, including United States citizens and citizens of other nations, and the free exercise and enjoyment of any and all rights and privileges secured by the constitutions of the United States of America and the State of Indiana."

In addition to the government's commitment to upholding human rights, the mayor called upon private citizens and businesses to demonstrate respect for human rights and civil liberties.

 

The Convention OnThe Rights of The Child Turns 30

by Jonathan Todres

Anniversaries are generally cause for celebration. And this week marks a significant one in the children’s rights world. On November 20, 2019, the global community celebrates the 30th^th anniversary of the UN Convention on the Rights of the Child (CRC). What’s impressive about the CRC is not just its breadth of coverage (it’s the most comprehensive treaty on children’s rights) or its widespread acceptance (it’s the most widely-ratified human rights treaty in history). What’s arguably most impressive is its transformative value. The CRC has compelled governments to recognize children as individuals with rights of their own. It has spurred countless laws, policies, and programs aimed at improving child wellbeing. And it has done all this while reaffirming the vital role of the family.

Since the advent of the CRC, we have witnessed significant progress on an array of issues affecting children—under-five child mortality has declined by more than half, school enrollment has increased, child labor has dropped, and gains have been realized in many other areas. So, on November 20th, we should celebrate these positive developments of the CRC era.

And then on November 21, we need to get back to work. Children’s rights—like human rights more broadly—are still a work in progress in every country.

Here in the United States, the “To Do” list is far longer than a short essay can capture. Racial disparities, barriers to education and health care, trafficking and other forms of child exploitation, exploitative child labor, child marriage, and other child rights violations persist in the United States. And arguably the most blatant violations of children’s rights are occurring at the U.S. southern border. As a colleague and I have detailed, the children’s rights abuses perpetrated by the Trump Administration, through its family separation and child detention actions, are extensive. And the trauma inflicted on children, including toddlers, will likely have lifelong adverse consequences. In short, when the last surviving prosecutor from the Nuremberg Trials calls your government’s actions a “crime against humanity,” addressing such gross violations of human rights must be at the top of any priority list.

Of course, the United States is the only country that has not ratified the CRC. Despite this, the treaty can still be an asset we can use to strengthen communities and support children’s development. After all, many of us are guided in our daily lives by moral, ethical or religious principles that are not enshrined in law. Children’s rights law offers the same potential. So while we may have to wait for U.S. ratification of the CRC, children’s rights frameworks can be employed effectively at the state and local level. UNICEF’s Child Friendly Cities Initiative offers one potential model for partnering with cities and towns to help ensure children’s wellbeing.

Finally, perhaps the biggest lesson from the CRC is the value of children’s voices. Article 12 of the CRC establishes that children have a right to be heard. And their voices can make a difference. We need only look to recent youth advocacy on gun violence and climate change to see the positive power that children have and the thoughtful vision they have for their future and ours.

As Eleanor Roosevelt once stated, universal human rights begin ‘in small places, close to home - so close and so small that they cannot be seen on any maps of the world... Unless these rights have meaning there, they have little meaning anywhere.’

Each of us can support and strengthen children’s rights by beginning close to home. We can use the CRC as a guide for creating more rights-respecting communities. And, most important, we can listen to and help ensure that all children are heard on matters that affect their lives.

For World Toilet Day: A New Resource on Water and Sanitation Access in the US

November 19 is World Toilet Day, and this month's SDG Goal of the Month is Clean Water and Sanitation.  Lack of access to clean affordable water is a growing issue in the U.S., already affecting millions of people across the country. On November 18, Dig Deep and the US Water Alliance  published a comprehensive new resource, Closing the Water Access Gap in the United States: A National Action Plan.  The report confirms that over two million Americans lack access to water and sanitation.

Among other things, the report notes that race is the biggest factor in determining access to water and sanitation in the US, with native americans the least likely group to have running water at home.

Take the time to review the report, including its proposals for action.  This is a crisis that will only get worse with climate change and aging infrastructure.  The time to take action is now.

 

 

Strengthening the Collaborations Between Regional Human Rights Institutions

The Columbia Global Freedom of Expression Newsletter reports:

The African Court on Human and Peoples’ Rights, the European Court of Human Rights and the Inter-American Court of Human Rights have signed a Memorandum of Understanding to operationalize the International Human Rights Forum.

The Forum seeks to enhance judicial dialogue, publish annual reports on the leading judgments of the three courts with commentaries, undertake knowledge-sharing on human rights issues through digital platforms, and develop on-line learning courses, among other activities.  Particular topics for collaboration and information-sharing include migration, violence against women, environmental hazards, climate change, bioethics, terrorism, mass data surveillance and the working methods of the three courts.

The next meeting of the Forum will be hosted by the European Court of Human Rights in Strasbourg, France in 2021.

Examining The State Department's Commission on Unalienable Rights

The U.S. State Department's new Commission on Unalienable Rights convened for the first time in late October.  Following the first meeting, the Center for American Progress raised five critical questions about the Commission and its agenda. 

The Columbia Human Rights Law Review On-line is running a series of commentary on the Commission.  The first, by Risa Kaufman, Director of US Human Rights at the Center for Reproductive Rights, is here.  The second, written by JoAnn Kamuf Ward (Columbia HR Institute) and Catherine Flowers (Center for Rural Enterprise and Environmental Justice), is available here.  The first two meetings of the Commission were noticed in the Federal Register, which also described the agenda for the meetings.

International Legal Ethics in Divided Times - Call for Proposals

UCLA will host the International Legal Ethics Conference in July, 2020. Lawyers in Divided Times will bring together practitioners, scholars and others to address ethical issues that have become particularly acute.  To follow is the information on submitting a proposal.

Proposals for presenting a paper or panel are invited from scholars from all disciplines, legal professionals, judges, and students. Presenters are encouraged to submit papers within one of the following seven streams:

1. Culture, Technology, Ethics and Society
2. Empirical and Interdisciplinary Approaches to Legal Ethics and the Legal Profession
3. Globalization and the Legal Profession
4. Philosophy and Legal Ethics
5. Regulation of the Profession and Judiciary
6. Ethics and Legal Education
7. Ethics and the Rule of Law

The Conference will be organized into panel sessions of 90 minutes each. Normally, three to four papers will be presented in any one session. Applicants may submit individual papers, which will be assigned to appropriate panels by the organizers. Proposals for a panel session with identified participants, involving paper presentations or other formats, are encouraged.

Proposals for a paper or for a panel session must include an abstract of between 100 and 250 words. If the proposal is for a panel session, the name of the panelists must also be identified. Abstracts should include title, author/s and institutional affiliation. Up to five key words should also be provided at the end of the abstract.

Proposals should either indicate the stream in which the paper or panel is to be presented or identify with clarity an alternative theme within which the proposal sits.

In order to accommodate a diverse group of presenters, participants should not present in more than two events.

The deadline date for proposals is February 29, 2020.

Proposals should be submitted to Scott Cummings at cummings@law.ucla.edu with the subject heading: ILEC 2020 Proposal.

Who Are Our Readers? -- You Might be Surprised! And You Should Certainly be Aware . . .

From time to time, we take a look at our reader log to see who is reading our posts.  Here's a snapshot from recent logins.

First, a lot of our readership is domestic -- that's not surprising since the focus of the blog is US human rights.  However, what is surprising is how often accounts originating in the US Department of Justice are checking in.  Are they surveilling us or our readers?  Or are there human rights buffs embedded in DOJ?  We don't know, but DOJ accounts make up some of our most regular and avid readers, keeping the site open for hours at a time.  Other domestic readers sometimes hail from the federal courts or from state agencies.  Many, not surprisingly, originate in US universities.  A recent snapshot includes the University of Minnesota, the University of Miami, and Santa Clara University, all with strong human rights programs.  Some readers are simply identified by their city and state -- hailing from Mississippi, Tennessee, California, and New Hampshire, in the past few hours.  

Second, we have a significant international readership, indicating that there is a strong interest worldwide in US perspectives on human rights.  In just the past 24 hours at the time of this writing, we've had readers log in from Turkey, Japan, Germany, India, the Philippines, South Africa, Canada, the UK, Bangladesh, Norway, Morocco, and Israel.  And almost every day, we have folks login from different corners of the planet to read Lauren Bartlett's popular blog entry from 2015, the Human Rights of Love. 

In the past, we've had readers from both Russia and the Ukraine.  Could that have something to do with DOJ's interest in our blog?  Again, we don't know, but under the circumstances, all of this makes us thankful for the robust protection that the First Amendment receives in our Constitution!

If you would like more detail, please contact one of the editors. 

Meanwhile, thanks to you, our readers, for following this blog!