9 research outputs found
International Human Rights Clinic
The case of working women in Mexico calls for an examination of trade law from a gendered human rights perspective in order to analyze the distribution of its benefits among different groups. Ultimately, this report aims to understand the intersection between trade, human rights, and women by looking through the lens of women who work in the maquiladora sector of Mexico.International Law and Organizations Program, School of Advanced International Studies (SAIS), Johns Hopkins Universit
The Protection of the Rights of Migrant Domestic Workers in a Country of Origin and a Country of Destination: Case Studies of the Philippines and Kuwait
During the spring semester of 2013, the SAIS International Human Rights Clinic researched the protection and promotion of the rights of migrant domestic workers in a country of origin and a country of destination by example of the Philippines and Kuwait. The students embarked on a weeklong fact-finding mission to gain insights into (a) the underlying causes and social consequences of labor migration, (b) the mechanisms to protect migrant domestic workers from abuse and exploitation, and (c) the preventive activities carried out in the two countries. The findings of the two fact-finding missions, supported by academic research and scholarship, policy papers, and press releases, are published in this report.
The report describes the situation of migrant domestic workers from the start of their journey in the Philippines, through their arrival and work in Kuwait, and through their repatriation. The report aims (a) to raise public awareness about the rights of migrant domestic workers; (b) to offer practical solutions to policymakers in countries of origin and destination; and (c) to offer practical solutions specifically to the Kuwaiti and Philippine governments to take decisive action to better prevent human rights abuses, punish human rights violators, and protect vulnerable populations. By focusing on Filipino migrant domestic workers, the report aims to facilitate the further development of Kuwait–Philippines intergovernmental cooperation that may serve as a model for labor-receiving and labor-sending countries
Justice derailed : the uncertain fate of Haitian migrants and Dominicans of Haitian descent in the Dominican Republic
Over time, the Dominican Republic formalized a more restrictive definition of citizenship by birth. By expanding the interpretation of what it means to be “in transit,” the Dominican Republic began to chip away at its jus soli (right of soil) regime. Given the long history of migration from Haiti to the Dominican Republic and demographic realities, this shift has had a disproportionate impact on individuals of Haitian descent. The redefinition of the jus soli basis for citizenship reached its peak in the now infamous sentence of the Constitutional Tribunal of the Dominican Republic, 168-13. In September 2013, the Constitutional Tribunal issued Sentence 168-13, which retroactively denationalized and effectively rendered stateless many Dominicans of Haitian descent by establishing that children born in the Dominican Republic to those illegally residing in the country were not entitled to citizenship by birth, as their parents were considered to be “in transit.” The Sentence further called for a national regularization plan.
In an effort to implement Sentence 168-13, the Dominican government established the National Plan for the Regularization of Foreigners (PNRE). The PNRE is a plan to regularize the status of undocumented migrants in the Dominican Republic, which most notably impacts Haitian migrants. Following international backlash over Sentence 168-13, Dominican Republic President Danilo Medina issued Law 169-14 (Naturalization Law), which provides a pathway to naturalization for those effectively left stateless by the Sentence. This report will detail the problems in the implementation of the PNRE and the Naturalization Law, how various actors were involved in or impacted by the regularization and naturalization processes, and finally, will outline the constraints that may inhibit the work of policy makers and human rights defenders in addressing immigration and citizenship issues going forward
No one left behind? A study on the intersection of women's rights and HIV/AIDS in Uganda
A study of the intersection of women's rights and HIV/AIDS in Uganda. This study sought to analyze the underlying factors that contribute to the disproportionate impact of HIV/AIDS on women, including the social, economic, political, cultural, and legal landscapes impacting the HIV/AIDS response. This study further concludes with policy recommendations for improving the HIV/AIDS response through a human rights focused lens.International Law and Organizations Program, School of Advanced International Studies (SAIS), Johns Hopkins Universit
The Protection of the Rights of Migrant Domestic Workers in a Country of Origin and a Country of Destination: Case Studies of the Philippines and Kuwait
During the spring semester of 2013, the SAIS International Human Rights Clinic researched the protection and promotion of the rights of migrant domestic workers in a country of origin and a country of destination by example of the Philippines and Kuwait. The students embarked on a weeklong fact-finding mission to gain insights into (a) the underlying causes and social consequences of labor migration, (b) the mechanisms to protect migrant domestic workers from abuse and exploitation, and (c) the preventive activities carried out in the two countries. The findings of the two fact-finding missions, supported by academic research and scholarship, policy papers, and press releases, are published in this report.
The report describes the situation of migrant domestic workers from the start of their journey in the Philippines, through their arrival and work in Kuwait, and through their repatriation. The report aims (a) to raise public awareness about the rights of migrant domestic workers; (b) to offer practical solutions to policymakers in countries of origin and destination; and (c) to offer practical solutions specifically to the Kuwaiti and Philippine governments to take decisive action to better prevent human rights abuses, punish human rights violators, and protect vulnerable populations. By focusing on Filipino migrant domestic workers, the report aims to facilitate the further development of Kuwait–Philippines intergovernmental cooperation that may serve as a model for labor-receiving and labor-sending countries
Torn at the seam: migration, deportations, and humanitarian concerns on the island of Hispaniola
In 2013, the Dominican Republic’s Constitutional Tribunal rendered Sentence 168-13, which infamously made many Dominicans of Haitian descent effectively stateless. This Sentence also called for a national regularization plan. These actions were the culmination of decades of problems related to migration flows between Haiti and the Dominican Republic.
In June 2015, the International Law and Organizations Program’s International Human Rights Clinic at Johns Hopkins School of Advanced International Studies (SAIS) analyzed the legislation that followed Sentence 168-13 through a report entitled Justice Derailed. For the 2015-2016 academic year, the SAIS International Human Rights Clinic decided to create a follow-up report, broadening the research focus to fully understand the outstanding nationality and migration issues in a post-June 2015 Hispaniola. While the report’s primary focus is the aftermath of the Naturalization Law and Regularization Plan, as well as the resumption of deportations from the Dominican Republic, it also analyzes the historical and current factors impacting migratory flows
They protect the forests. Who protects them? : the intersection of conservation, development, and human rights of forest defenders: lessons from Kenya, Peru and Sri Lanka
Modern-day forests are center stage in the discussion of how to balance economic development, conservation goals, and human rights. There is much dependence and potential in the world’s forests - from economic development activities, such as mining, logging, and eco-tourism, to management and conservation goals that mitigate climate change, ensure proper watershed management, and protect endangered species, to locals and communities that have traditionally lived in or subsisted from forestland. With so many competing interests, it is unsurprising that tensions exist. However, it is not a zero-sum game. Economic development and conservation goals can be met while respecting human rights. Indeed, they are all interconnected.
Environmental human rights defenders (EHRDs), including those protecting forestland, arise against this backdrop. Whether forest-dependent communities protecting traditional access to forests for sustenance or livelihood activities, or indigenous leaders protecting their land from encroachment by a large-scale development project, or a wildlife officer protecting the animals in the forest from poachers, forest defenders are a broad group with varied goals, but they all share the same interest in protecting environmental and land rights. Because of their activities, EHRDs have faced threats to their human rights and challenges to their advocacy work. From restrictions on freedom of speech and assembly to harassment, beatings, and assassinations, being an EHRD can be dangerous.
For the 2016-2017 academic year, the SAIS International Human Rights Clinic, in commemoration of the 800th anniversary of the Carta de Foresta and in recognition of the heightened struggles of EHRDs around the world, studied the human rights situation of forest defenders in Kenya, Peru, and Sri Lanka through both desk and field research. The study sought to analyze the root causes which lead individuals and communities to advocate for the respect, protection, or fulfillment of environmental and land rights, as well as the major aspects that impinge on the realization of these rights. The study further sought to understand the respective social, economic, political, cultural, and legal landscapes in which forest defenders operate, as well as the threats and challenges to their human rights because of their work. Finally, the study aimed to provide suggestions for improving the human rights situation of forest defenders, as well as address underlying causes that lead to violations of their rights
They protect the forests. Who protects them? : the intersection of conservation, development, and human rights of forest defenders: lessons from Kenya, Peru and Sri Lanka
Modern-day forests are center stage in the discussion of how to balance economic development, conservation goals, and human rights. There is much dependence and potential in the world’s forests - from economic development activities, such as mining, logging, and eco-tourism, to management and conservation goals that mitigate climate change, ensure proper watershed management, and protect endangered species, to locals and communities that have traditionally lived in or subsisted from forestland. With so many competing interests, it is unsurprising that tensions exist. However, it is not a zero-sum game. Economic development and conservation goals can be met while respecting human rights. Indeed, they are all interconnected.
Environmental human rights defenders (EHRDs), including those protecting forestland, arise against this backdrop. Whether forest-dependent communities protecting traditional access to forests for sustenance or livelihood activities, or indigenous leaders protecting their land from encroachment by a large-scale development project, or a wildlife officer protecting the animals in the forest from poachers, forest defenders are a broad group with varied goals, but they all share the same interest in protecting environmental and land rights. Because of their activities, EHRDs have faced threats to their human rights and challenges to their advocacy work. From restrictions on freedom of speech and assembly to harassment, beatings, and assassinations, being an EHRD can be dangerous.
For the 2016-2017 academic year, the SAIS International Human Rights Clinic, in commemoration of the 800th anniversary of the Carta de Foresta and in recognition of the heightened struggles of EHRDs around the world, studied the human rights situation of forest defenders in Kenya, Peru, and Sri Lanka through both desk and field research. The study sought to analyze the root causes which lead individuals and communities to advocate for the respect, protection, or fulfillment of environmental and land rights, as well as the major aspects that impinge on the realization of these rights. The study further sought to understand the respective social, economic, political, cultural, and legal landscapes in which forest defenders operate, as well as the threats and challenges to their human rights because of their work. Finally, the study aimed to provide suggestions for improving the human rights situation of forest defenders, as well as address underlying causes that lead to violations of their rights