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Posthumously Conceived Children: An International and Human Rights Perspective

October 22, 2014 Comments off

Posthumously Conceived Children: An International and Human Rights Perspective
Source: Journal of Law & Health

This essay considers posthumous conception from an international and child-centered approach. After a sketch in Part I of the phenomenon of posthumous conception and the complexities it evokes, Part II examines the types of issues arising in court cases concerning posthumous conception. Part III considers how courts in their rulings have addressed the welfare and best interests of posthumously conceived children and analyzes the scope and meaning of relevant decisions. Part IV looks into children’s rights or interests raised in those judicial decisions: parental acknowledgement, family structures, identity harm, and inheritance and social benefits. This part draws on the Convention on the Rights of the Child (CRC), a prime instrument to advance children’s rights on the international level, incorporating as much as possible the perspectives of children. I argue that the discourse must include concern for the rights and interests of posthumously conceived children and that a new special category of children who are “outcast” cannot stand the test of equality and non-discrimination, nor of the entrenched principles of child welfare and best interests. Moreover, I suggest that attending to children’s perspectives may illuminate the gaps in the current discourse and what needs to be addressed. Finally, Part V draws some conclusions and calls for a more relational approach to ensure that posthumously conceived children do not pay the price of their parents’ decisions and that their welfare and best interests are upheld.

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UN — Report of the Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism

October 17, 2014 Comments off

Report of the Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism (PDF)
Source: United Nations Office of the High Commissioner for Human Rights

The present report in the fourth annual report submitted to the General Assembly by the current Special Rapporteur on the promotion and protection of human rights and fundamental freesoms while countering terrorism, Ben Emmerson.

The key activities undertaken by the Special Rapporteur between 17 December 2013 and 31 July 2014 are listed in section II of the report. In section III, the Special Rapporteur examines the use of mass digital surveillance for counter-terrorism purposes and considers the implications of bulk access technology for the right to privacy under article 17 of the International Covenant on Civil and Political Rights.

DHS — Refugees and Asylees 2013

October 14, 2014 Comments off

Refugees and Asylees 2013
Source: U.S. Department of Homeland Security

The United States provides refuge to persons who have been persecuted or have well-founded fear of persecution through two programs: one for refugees (persons outside the U.S. and their immediate relatives) and one for asylees (persons in the U.S. and their immediate relatives).

This Office of Immigration Statistics Annual Flow Report provides information on the number of persons admitted to the United States as refugees or granted asylum in the United States in 2013.

Findings on the Worst Forms of Child Labor

October 13, 2014 Comments off

Findings on the Worst Forms of Child Labor
Source: U.S. Department of Labor

The Department of Labor’s annual Findings on the Worst Forms of Child Labor focuses on the efforts of certain U.S. trade beneficiary countries and territories to eliminate the worst forms of child labor through legislation, enforcement mechanisms, policies and social programs.

CRS — Unaccompanied Alien Children: Demographics in Brief (September 24, 2014)

October 1, 2014 Comments off

Unaccompanied Alien Children: Demographics in Brief (PDF)
Source: Congressional Research Service (via Federation of American Scientists)

The number of children coming to the United States who are not accompanied by parents or legal guardians and who lack proper immigration documents has raised complex and competing sets of humanitarian concerns and immigration control issues. This report focuses on the demographics of unaccompanied alien children while they are in removal proceedings. Overwhelmingly, the children are coming from El Salvador, Guatemala, and Honduras. The median age of unaccompanied children has decreased from 17 years in FY2011 to 16 years during the first seven months of FY2014. A greater share of males than females are represented among this population. However, females have steadily increased in total numbers and as a percentage of the flow since FY2011. The median age of females has dropped from 17 years in FY2011—the year that was the median age across all groups of children—to 15 years in the first seven months of FY2014.

Muslim Reformists, Female Citizenship and the Public Accommodation of Islam in Liberal Democracy

September 25, 2014 Comments off

Muslim Reformists, Female Citizenship and the Public Accommodation of Islam in Liberal Democracy (PDF)
Source: University of Toronto Faculty of Law

The European Court of Human Rights (“ECHR”), in a trilogy of cases involving Muslim claimants, has granted state parties to the European Convention on Human Rights a wide margin of appreciation with respect to the regulation of public manifestations of Islam. The ECHR has justified its decisions in these cases on the grounds that Islamic symbols, such as the hijāb, or Muslim commitments to the shari‘a – Islamic law – are inconsistent with the democratic order of Europe. This article raises the question of what kinds of commitments to gender equality and democratic decision-making are sufficient for a democratic order, and whether modernist Islamic teachings manifest a satisfactory normative commitment in this regard. It uses the arguments of two modern Muslim reformist scholars – Yūsuf al-QaraÃāwī and ‘Abd al-Íalīm Abū Shuqqa – as evidence to argue that if the relevant degree of commitment to gender equality is understood from the perspective political rather than comprehensive liberalism, doctrines such as those elaborated by these two religious scholars evidence sufficient commitment to the value of political equality between men and women. This makes less plausible the ECHR’s arguments justifying different treatment of Muslims on account of alleged Islamic commitments to gender hierarchy. It also argues that in light of Muslim modernist conceptions of the shari‘a, there is no normative justification to conclude that faithfulness to the shari‘a entails a categorical rejection of democracy as the ECHR suggested.

Federal Strategic Action Plan on Services for Victims of Human Trafficking in the United States 2013-2017

September 16, 2014 Comments off

Federal Strategic Action Plan on Services for Victims of Human Trafficking in the United States 2013-2017 (PDF)
Source: Interagency Task Force to Monitor and Combat Trafficking in Persons

This report was developed by the Departments of Justice, Health and Human Services, and Homeland Security, in partnership with the member agencies of the President’s Interagency Task Force to Monitor and Combat Trafficking in Persons and other federal agencies. The plan discusses goals and objectives and the actions that federal agencies will take to ensure that all victims of human trafficking in the U.S. are identified and have access to the services they need to recover.

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