Open AccessArticle
Off to the Courts? Or the Agency? Public Attitudes on Bureaucratic and Legal Approaches to Policy Enforcement
Laws 2018, 7(2), 16; doi:10.3390/laws7020016 -
Abstract
A key curiosity in the operation of the American regulatory state lies with its hybrid structure, defined by centralized, bureaucratic approaches but also more decentralized actions such as lawsuits brought by private citizens in the courts. While current research on these two pathways
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A key curiosity in the operation of the American regulatory state lies with its hybrid structure, defined by centralized, bureaucratic approaches but also more decentralized actions such as lawsuits brought by private citizens in the courts. While current research on these two pathways focuses at the elite level—exploring how and why political actors and institutions opt for legal or administrative strategies for implementing different public policies—there is little research that examines public attitudes toward how policy is enforced in the U.S. Given that the public is a key partner in this process, this paper integrates public attitudes into the discussion, tapping into conceptions of “big government,” privatization, and the tort reform movement. Using original data from a series of vignette-based experiments included in the 2014 Cooperative Congressional Election Survey, we examine public preferences about how policy is regulated—by private citizens in the courts or by government officials in agencies—across a broad number of policy areas. We offer one of the first studies that adjudicates the boundaries of public attitudes on litigation and bureaucratic regulation in the U.S., offering implications for how elites might approach the design of policy implementation for different issue areas. Full article
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Open AccessFeature PaperArticle
The Administrative Role of the Chief Justice: Law, Politics, and Procedure in the Roberts Court Era
Laws 2018, 7(2), 15; doi:10.3390/laws7020015 -
Abstract
The Chief Justice of the Supreme Court plays a critical role in shaping national politics and public policy. While political scientists tend to focus on the ways in which the chief affects the Court’s jurisprudence, relatively little attention has been devoted to the
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The Chief Justice of the Supreme Court plays a critical role in shaping national politics and public policy. While political scientists tend to focus on the ways in which the chief affects the Court’s jurisprudence, relatively little attention has been devoted to the unique administrative aspects of the position that allow for strategic influence over political and legal outcomes. This article examines the role of the chief justice as the head of the Judicial Conference, which is the primary policy making body for federal courts in the United States. Specifically, I examine the degree to which Chief Justice Roberts has appointed members to the Conference’s rulemaking committees with a long-standing conservative legal goal in mind: constricting access to courts. By focusing on the 2015 amendments to the Federal Rules of Civil Procedure in particular, I show that Chief Justice Roberts’ sole discretion to appoint members to these committees constitutes a “purely procedural” role through which he has exercised extensive political power, blurring the line between “law” and “politics” to great effect. Full article
Open AccessFeature PaperArticle
Assessing Judicial Empowerment
Laws 2018, 7(2), 14; doi:10.3390/laws7020014 -
Abstract
Drawing on an ongoing international data collection effort, this paper examines the free expression jurisprudence of the Supreme Court of Canada and the European Court of Human Rights in an effort to assess the political beneficiaries of judicial empowerment. Free expression is a
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Drawing on an ongoing international data collection effort, this paper examines the free expression jurisprudence of the Supreme Court of Canada and the European Court of Human Rights in an effort to assess the political beneficiaries of judicial empowerment. Free expression is a universally recognized fundamental right, and it is a right that is regularly invoked in court by a rich diversity of political actors. As such, free speech law provides an illuminating window onto how constitutional courts respond to similar claims from differently situated claimants. This paper compares the response by two influential courts to free expression claims filed by for-profit businesses and by labor advocates. Full article
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Open AccessArticle
Why Insurers Are Wrong about Adverse Selection
Laws 2018, 7(2), 13; doi:10.3390/laws7020013 -
Abstract
Insurers typically argue that regulatory limits on their ability to use genetic tests will induce ‘adverse selection’; they say that this has disadvantages not just for insurers, but also for society as a whole. I argue that, even on its own terms, this
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Insurers typically argue that regulatory limits on their ability to use genetic tests will induce ‘adverse selection’; they say that this has disadvantages not just for insurers, but also for society as a whole. I argue that, even on its own terms, this argument is often flawed. From the viewpoint of society as a whole, not all adverse selection is adverse. Limits on genetic discrimination that induce the right amount of adverse selection (but not too much adverse selection) can increase ‘loss coverage’, and so make insurance work better for society as a whole. Full article
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Open AccessArticle
Decision-Making Behaviour under the Mental Health Act 1983 and Its Impact on Mental Health Tribunals: An English Perspective
Laws 2018, 7(2), 12; doi:10.3390/laws7020012 -
Abstract
In England and Wales, the Mental Health Act 1983 (MHA 1983) provides the legal framework which governs decisions made concerning the care and treatment of those suffering from mental disorders, where they may pose a risk to themselves or others. The perspective of
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In England and Wales, the Mental Health Act 1983 (MHA 1983) provides the legal framework which governs decisions made concerning the care and treatment of those suffering from mental disorders, where they may pose a risk to themselves or others. The perspective of the patient and the care provider may conflict and can be a source of tension and challenge within mental health law. Through access to a mental health tribunal, patients are offered the apparatus to review and challenge their detention. With detention rates under the mental health legislation rising exponentially, this is having a knock-on effect upon tribunal application numbers. As there is a legal requirement to review all cases of individuals detained under the MHA 1983, understanding the key drivers for this increase in detention is essential in order to understand how to better manage both detention rates and the upsurge in tribunal caseloads. With the increase in overall activity, mental health tribunal workloads present significant practical challenges and has downstream cost implications. Full article
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Open AccessArticle
Expanding the Rights of Student Religious Groups on College and University Campuses: The Implications of Trinity Lutheran Church v. Comer
Laws 2018, 7(1), 11; doi:10.3390/laws7010011 -
Abstract
In Trinity Lutheran Church v. Comer, the U.S. Supreme Court established a new constitutional rule. While the exact breadth of the rule remains in doubt, the new jurisprudential principle appears to be as follows—except where such actions would violate the Establishment Clause,
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In Trinity Lutheran Church v. Comer, the U.S. Supreme Court established a new constitutional rule. While the exact breadth of the rule remains in doubt, the new jurisprudential principle appears to be as follows—except where such actions would violate the Establishment Clause, the Free Exercise Clause prohibits constitutional actors from conferring or denying benefits solely because of individuals’ or entities’ religious exercises. As discussed in this article, this rule has immediate, long-term ramifications for constitutional jurisprudence, particularly as applied to religious freedom. In light of the potential changes it may engender, the purpose of this three-part article is to provide an overview of Trinity Lutheran and its expansion of rights for student religious groups on the campuses of public college and universities. Full article
Open AccessArticle
Models of Disability and Human Rights: Informing the Improvement of Built Environment Accessibility for People with Disability at Neighborhood Scale?
Laws 2018, 7(1), 10; doi:10.3390/laws7010010 -
Abstract
In the 21st century, even with the advent of the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD), the existing built environment still fails the neighborhood accessibility needs of people with disability. People with disabilities’ human right to the neighborhood
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In the 21st century, even with the advent of the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD), the existing built environment still fails the neighborhood accessibility needs of people with disability. People with disabilities’ human right to the neighborhood is, at face value, enshrined in legislation and ‘much’ built environment accessibility legislation is in place. But, built environment accessibility practice has been, and continues to be, shaped by a hidden discourse based on theoretical underpinnings little understood by built environment practitioners. Similarly, built environment practitioners have little understanding of either the diversity of the human condition or the accessibility needs of people with disability. In Australia, the operationalization of built environment accessibility rights is, via opaque legislation, not necessarily reflective of the lived experience of people with disability, and weak in terms of built environment spatial coverage. Empirically, little is known about the extent of built environment inaccessibility, particularly neighborhood inaccessibility. Therefore, the question explored in this paper is: How might an understanding of models of disability and human rights inform the improvement of built environment accessibility, for people with disability, at a neighborhood scale? Literature related to disability and human rights theory, built environment accessibility legislation primarily using Australia as an example, and built environment accessibility assessment is drawn together. This paper argues that built environment practitioners must recognize the disabling potency of current built environment practice, that built environment practitioners need to engage directly with people with disability to improve understanding of accessibility needs, and that improved measure, at neighborhood scale, of the extent of existing built environment inaccessibility is required. Full article
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Open AccessFeature PaperArticle
Customizing Fair Use Transplants
Laws 2018, 7(1), 9; doi:10.3390/laws7010009 -
Abstract
In the past decade, policymakers and commentators across the world have called for the introduction of copyright reform based on the fair use model in the United States. Thus far, Israel, Liberia, Malaysia, the Philippines, Singapore, South Korea, Sri Lanka and Taiwan have
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In the past decade, policymakers and commentators across the world have called for the introduction of copyright reform based on the fair use model in the United States. Thus far, Israel, Liberia, Malaysia, the Philippines, Singapore, South Korea, Sri Lanka and Taiwan have adopted the fair use regime or its close variants. Other jurisdictions such as Australia, Hong Kong and Ireland have also advanced proposals to facilitate such adoption. This article examines the increasing efforts to transplant fair use into the copyright system based on the U.S. model. It begins by briefly recapturing the strengths and weaknesses of legal transplants. The article then scrutinizes the ongoing effort to transplant fair use from the United States. Specifically, it identifies eight modalities of transplantation. This article concludes with five lessons that can be drawn from studying the ongoing transplant efforts. Full article
Open AccessFeature PaperArticle
Living on the Global Peripheries of Law: Disability Human Rights Law in Principle and in Practice in the Global South
Laws 2018, 7(1), 8; doi:10.3390/laws7010008 -
Abstract
This article develops the notion that poorer nations of the Global South are particularly disadvantaged in terms of realizing disabled people's human rights in practice. This is because they are situated in what is termed the global peripheries of law. These are peripheries
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This article develops the notion that poorer nations of the Global South are particularly disadvantaged in terms of realizing disabled people's human rights in practice. This is because they are situated in what is termed the global peripheries of law. These are peripheries in which very limited human and financial resources are available to practically realize disability human rights (reflecting processes such as the outmigration of trained professionals, devaluation of currency as a condition of debt repayment, and dependence on agricultural exports and imports of expensive manufactured goods, including medicine, from the Global North). Being on the global peripheries of law also reflects legacies of colonial and neo-colonial violence and oppression in an unequal global capitalist order, such as ongoing and widespread violence against women and unsafe working conditions—both of which result in death and the geographically uneven production of impairment. This uneven production of impairment also needs to be considered as an important part of understanding disability human rights law in a global context. Following a brief overview of the U.N. convention on the human rights of disabled people and the U.N. Covenant on Economic, Social and Cultural Rights to provide a global legal context and of the Inter-American Human Rights System to provide a regional legal context, the article illustrates why it is so difficult to realize disabled people's human rights in practice in the Global South, through a case study of Guyana. Full article
Open AccessReview
Indigenous Australians, Intellectual Disability and Incarceration: A Confluence of Rights Violations
Laws 2018, 7(1), 7; doi:10.3390/laws7010007 -
Abstract
Abstract: This article reviews the health and wellbeing of Aboriginal and Torres Strait Islander Australians with intellectual disability in the Australian prison system through a human rights lens. There is an information gap on this group of Australian prisoners in the health
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Abstract: This article reviews the health and wellbeing of Aboriginal and Torres Strait Islander Australians with intellectual disability in the Australian prison system through a human rights lens. There is an information gap on this group of Australian prisoners in the health and disability literature and the multi-disciplinary criminal law and human rights law literature. This article will consider the context of Indigenous imprisonment in Australia and examine the status of prisoner health in that country, as well as the status of the health and wellbeing of prisoners with intellectual disability. It will then specifically explore the health, wellbeing and impact of imprisonment on Indigenous Australians with intellectual disability, and highlight how intersectional rights deficits (including health and human rights deficits) causally impact the ability of Indigenous Australians with intellectual disability to access due process, equal recognition and justice in the criminal justice and prison system. A central barrier to improving intersectional and discriminatory landscapes relating to health, human rights and justice for Indigenous Australian inmates with intellectual disability, and prisoners with intellectual disability more broadly in the Australian context, is the lack of sufficient governance and accountability mechanisms (including Indigenous-led mechanisms) to enforce the operationalisation of consistent, transparent, culturally responsive, rights-based remedies. Full article
Open AccessArticle
Reconsidering Sheltered Workshops in Light of the United Nations Convention on the Rights of Persons with Disabilities (2006)
Laws 2018, 7(1), 6; doi:10.3390/laws7010006 -
Abstract
Sheltered work and related practices remain a prevalent service for people with intellectual disabilities. However, as a result of being placed in these, participants overwhelmingly remain segregated and excluded from their wider communities. This paper explores whether, with the advent of the United
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Sheltered work and related practices remain a prevalent service for people with intellectual disabilities. However, as a result of being placed in these, participants overwhelmingly remain segregated and excluded from their wider communities. This paper explores whether, with the advent of the United Nations Convention on the Rights of Persons with Disabilities, we can at least begin to assess the equality implications of such placements and argue that the experience of segregation itself represents numerous rights violations and discrimination. Having considered traditional equality mechanisms and their bearing on people with intellectual disabilities, this discussion explores how far the Convention’s re-envisioning of the basic principles of equality can perhaps provide a more promising outlook and ideological stance. Indeed, during the Convention’s inception, the negotiations circled around the conflicting opinions as to the purpose, usefulness, and future of sheltered work, revealing the existing tensions between protection and autonomy, shrouding all disability policy discussions. As a result, the question of sheltered work is not explicitly addressed in the treaty and the Committee on the Rights of Persons with Disabilities have been unable to definitively declare that the practice of sheltered work constitutes an act of discrimination. However, the Committee does as times demand that sheltered workshops be phased out where it is obvious that the practice of sheltered work is directly linked to the exploitation of workers. Moreover, certain provisions in the Convention might help in determining wrongful discrimination in some, if limited, instances. Full article
Open AccessEditorial
Acknowledgement to Reviewers of Laws in 2017
Laws 2018, 7(1), 5; doi:10.3390/laws7010005 -
Abstract
Peer review is an essential part in the publication process, ensuring that Laws maintains high quality standards for its published papers.[...] Full article
Open AccessArticle
China and BEPS
Laws 2018, 7(1), 4; doi:10.3390/laws7010004 -
Abstract
This article provides an overview of China’s reaction to the G20/OECD Base Erosion and Profit Shifting (BEPS) project. From 2013 to 2015, the OECD developed a series of actions designed to address BEPS activities by multinational enterprises, culminating in a final report of
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This article provides an overview of China’s reaction to the G20/OECD Base Erosion and Profit Shifting (BEPS) project. From 2013 to 2015, the OECD developed a series of actions designed to address BEPS activities by multinational enterprises, culminating in a final report of 15 action steps. The article reviews and explains China’s reaction to the BEPS project and its actions in detail, with a particular focus on transfer pricing issues. It shows that China has actively participated in both developing and implementing the BEPS project. The article further suggests that in the post-BEPS era, China is expected to implement the BEPS project in a more consistent and coherent way, and will take whatever measures necessary to guarantee the successful implementation of the BEPS package in collaboration with the global community. Full article
Open AccessFeature PaperArticle
Freedom of Opinion and Expression: From the Perspective of Psychosocial Disability and Madness
Laws 2018, 7(1), 3; doi:10.3390/laws7010003 -
Abstract
This article argues that civil mental health laws operate to constrict how people think, understand, and speak about psychosocial disability, madness, and mental distress. It does so with reference to views and experiences of mental health service users and psychiatric survivors (users and
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This article argues that civil mental health laws operate to constrict how people think, understand, and speak about psychosocial disability, madness, and mental distress. It does so with reference to views and experiences of mental health service users and psychiatric survivors (users and survivors) and their/our accounts of disability, madness, and distress, such as those articulated by the emerging field of Mad studies. The analysis considers the application of the rights to freedom of opinion and expression that are enshrined in the International Covenant on Civil and Political Rights and other international human rights instruments to the mental health context. The article explores the suppression of freedom of opinion and expression that is effected through the symbolic violence of psychiatry and the mental health paradigm. Focusing on Australian legal frameworks, the article discusses how the material violence and coercion characterising mental health laws compound this process. It is further argued that civil mental health laws, by codifying the tenets of psychiatry and the mental health paradigm so as to render them largely unassailable, validate the ontological nullification of users and survivors. The foregoing analysis exposes dangers of adopting a functional test of mental capacity as the pre-eminent legal standard for authorising involuntary mental health interventions. It is suggested that considering freedom of opinion and expression from the perspective of psychosocial disability and madness reinforces the Committee on the Rights of Persons with Disabilities’ interpretation that such interventions are incompatible with international human rights standards. Full article
Open AccessFeature PaperArticle
Reform of the Belgian Justice System: Changes to the Role of Jurisdiction Chief, the Empowerment of Local Managers
Laws 2018, 7(1), 2; doi:10.3390/laws7010002 -
Abstract
The last waves of reform that affected, and continue to affect, the Belgian legal system led to an injunction for increased responsibility on the part of local managers, the jurisdiction chiefs. This tendency was initiated in the 1990s, with the introduction of a
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The last waves of reform that affected, and continue to affect, the Belgian legal system led to an injunction for increased responsibility on the part of local managers, the jurisdiction chiefs. This tendency was initiated in the 1990s, with the introduction of a managerial logic into the legal sphere, whereby local initiatives took precedence in the absence of any clear and binding direction. The 2014 reform project, through its three constituent pillars, led to the strengthening of this logic, to the point where it became an important subject. The jurisdiction chiefs were therefore confronted with a new type of responsibility in that they became responsible for the dissemination of managerial discourse within their local body, for the implementation of change, and, consequently, for the success of this change, while at the same time, being confronted by a state and by political authorities that preferred to take a back-seat role. By observing, from an exploratory perspective, the developments caused by this transformational dynamic with regard to the role and function of the jurisdiction chiefs, our contribution highlights the wide range of receptions and appropriations of the reform project, and the concepts supporting the founding trio of pillars, based on five emerging, empirically-established subjects. Full article
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Open AccessArticle
Unveiling the Challenges in the Implementation of Article 24 CRPD on the Right to Inclusive Education. A Case-Study from Italy
Laws 2018, 7(1), 1; doi:10.3390/laws7010001 -
Abstract
Since the 1970s, Italy has undertaken a process of inclusion of children with disabilities in mainstream schools, has implemented an anti-discriminatory educational policy, and abandoned segregated educational practices. In September 2014, the Italian Government initiated a process of “modernization” of the whole educational
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Since the 1970s, Italy has undertaken a process of inclusion of children with disabilities in mainstream schools, has implemented an anti-discriminatory educational policy, and abandoned segregated educational practices. In September 2014, the Italian Government initiated a process of “modernization” of the whole educational system, and attempted to fully align domestic legislation with the wide-ranging obligations enshrined in Article 24 CRPD. Law No. 107/2015 on the reform of the educational system empowered the Government to adopt legislative decrees to promote inter alia an effective and inclusive education for persons with disabilities. After a long and somewhat troubled process, a legislative decree on inclusive education was finally adopted in April 2017. This article, building upon previous research, critically discusses the innovations brought by this recent reform, situating them in the broader Italian legislative framework on the rights of people with disabilities. By focusing on Italy as a case-study, this article aims to reflect on the challenges surrounding the creation of an inclusionary educational system that goes beyond a mere integration in mainstream schools and ensures full and effective participation of all learners, meeting the standards imposed by Article 24 CRPD. Full article
Open AccessArticle
The Inclusion of the Lived Experience of Disability in Policymaking
Laws 2017, 6(4), 33; doi:10.3390/laws6040033 -
Abstract
This paper examines the process under way in Iceland to align national law with the UN Convention on the Rights of Persons with Disabilities, focusing on the Convention’s call for the active involvement of disabled people and their representative organizations in policy and
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This paper examines the process under way in Iceland to align national law with the UN Convention on the Rights of Persons with Disabilities, focusing on the Convention’s call for the active involvement of disabled people and their representative organizations in policy and decision making on matters that affect them. The paper draws on comments submitted by Icelandic DPOs on draft legislation intended to replace the existing law on services for disabled people, focusing on comments relating to their ability to participate in and affect the policymaking process. Furthermore, it draws on interviews with leaders of representative organizations of disabled people that solicited their views on the issue. The findings indicate that there is a reluctance on behalf of Icelandic authorities to make changes to the established process, which limits the active participation of disabled people and their representative organizations. The draft legislation has neither been revised to include provisions for expanding the participation of DPOs in policy and decision making, nor to ensure that disabled people themselves participate in the process. Full article
Open AccessArticle
Vulnerability and the Right to Respect for Private Life as an Autonomous Source of Protection against Expulsion under Article 8 ECHR
Laws 2017, 6(4), 32; doi:10.3390/laws6040032 -
Abstract
This paper focuses on settled migrants and calls for the construction of the right to respect for private life as an autonomous source of protection against expulsion under Article 8 ECHR. I contend that, as a core part of human existence, private life
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This paper focuses on settled migrants and calls for the construction of the right to respect for private life as an autonomous source of protection against expulsion under Article 8 ECHR. I contend that, as a core part of human existence, private life warrants meaningful protection. I posit that the fact that all settled migrants have established private life in the host State brings it to the fore of Article 8 expulsion cases. This argument finds strong support in the concept of belonging and transnational migration theory; both tell us that settled migrants’ host State has become their ‘own country’. Drawing on earlier work, I reclaim vulnerability as a foundation and tool of International Human Rights Law with a view to recognising migrants within the jurisdiction of ECHR States as fully-fledged ECHR subjects and making the European Court of Human Rights responsive to their vulnerability. I make the case for absolute protection against expulsion for second (and subsequent)-generation migrants and settled migrants who have spent most of their adult life in the host State. In respect of other settled migrants, I argue that the minimum protection standard should be that expulsion is only justifiable in exceptional circumstances. Full article
Open AccessArticle
From Disability Rights to the Rights of the Dying (and Back Again)
Laws 2017, 6(4), 31; doi:10.3390/laws6040031 -
Abstract
This article argues for civil rights for dying people. The creation of such rights should be understood as complementary to, but distinct from, existing initiatives to provide dying people with social benefits. A basis for rights for terminally ill people can be found
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This article argues for civil rights for dying people. The creation of such rights should be understood as complementary to, but distinct from, existing initiatives to provide dying people with social benefits. A basis for rights for terminally ill people can be found in the disability rights movement. Through an ethnographic case study of two dying individuals, I argue that terminally ill people can be subjected to disability discrimination as it is understood within the dominant theoretical framework of disability rights: the social model of disability. Nevertheless, while disability rights provides a theoretical basis for understanding discrimination against people who are dying, existing U.S. disability rights legislation largely does not recognize, nor address this discrimination. For this reason, it is necessary to develop a separate set of rights of the dying. I conclude by arguing that such “dying rights” are a logical extension of disability rights, and will bring ancillary benefits to both disabled people and the disability rights movement itself. There is thus a strong foundation for a legal and political alliance between disability rights advocates and advocates for people who are dying. Full article
Open AccessFeature PaperArticle
A New Protection Orientation and Framework for Refugees and Other Forced Migrants
Laws 2017, 6(4), 30; doi:10.3390/laws6040030 -
Abstract
The unprecedented current “refugee crisis,” with its 65 million plus uprooted people, demands a new protection orientation and framework for refugees and other forced migrants that are focused on the “root causes” of refugeehood, non-international protracted armed conflict or civil war. It is
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The unprecedented current “refugee crisis,” with its 65 million plus uprooted people, demands a new protection orientation and framework for refugees and other forced migrants that are focused on the “root causes” of refugeehood, non-international protracted armed conflict or civil war. It is argued that four essential reforms are required to the international refugee protection system to respond to the “root causes” of refugees in the world today. The first calls for broadening the definition of who is a refugee to include “war refugees” as found in the 1984 Cartagena Declaration and the 1969 Organization of African Unity (OAU) Convention. The 1984 Cartagena Declaration is preferred because it has the most progressive and broadest legal definition of who is a refugee and, therefore, should be emulated by all regions and the UNHCR internationally. The second reform would be the adoption of the Cartagena Declaration decennial consultation process and its comprehensive Plan of Action by the UNHCR on a global basis. This process has proven to be a success in Latin America and ought to be adopted internationally to develop and to realize the progressive advancement of international protection for all persons who are fleeing persecution and armed conflict. The third major reform is to develop the capacity of the UN to be able to operate in the midst of an armed conflict situation in order to broker a ceasefire and, then, negotiate a peace agreement, particularly, in those situations where massed forced displacement has taken place or potentially could take place. The fourth reform calls for the UN to expand the Responsibility to Protect (R2P) doctrine to incorporate massed forced displacement, in addition to, war crimes, crimes against humanity, ethnic cleansing, and, genocide. This further implies that mass forced displacement ought to be criminalized and made a serious international crime, not simply in the international humanitarian law and international criminal law sense of forced deportation, transfers, and expulsions, by opposing military forces, but in situations of armed conflict when people flee of their own volition in order to save their lives. These four reforms do not require a reformulation or reconceptualization of the international refugee protection system but a reform of a number of key elements that would simultaneously address the “root causes” of refugees and, especially, mass forced displacement that is due principally to non-international protracted armed conflict or seemingly endless civil wars. Full article