Ambivalent Enforcement: International Humanitarian Law at Human Rights Tribunals

In addition to exploring the limitations of the Inter-American System’s jurisdictional capacity to adjudicate issues of IHL, this Article examines Inter-American jurisprudence in light of recent scholarly conversations regarding the relevance of the principle of lex specialis, which seeks to guide tribunals when two bodies of law may apply simultaneously, by providing for the prioritization of a specialized body of law over a general one. This concept, first articulated by the International Court of Justice (ICJ) in the Nuclear Weapons case, has proven to be the source of much scholarly consternation. As a means of addressing problems arising from the fragmentation of international law, the concept has a nice ring to it, but in practical terms, it has proven to be a terribly messy concept subject to multiple interpretations. The Inter-American system has adopted an approach to fragmentation, described here as the Interpretive Reference Resolution, which relies on reference to IHL, but does not permit the direct application of that law. This method allows tribunals to walk a delicate balance: they avoid directly finding states in violation of norms of IHL while simultaneously incorporating IHL into their analysis of HRL norms. This balancing act provides a novel solution to the problem of fragmentation between IHL and HRL. Furthermore, it has allowed human rights tribunals within the Inter-American System to tether their findings of human rights violations to IHL. This approach, this Article argues, is a soft law strategy with the same potential enforcement impact as the direct finding of violations of IHL. Therefore, this Article offers two contributions: first, it offers a normative framing for utilizing the abstract legal standard of lex specialis when IHL and HRL may simultaneously apply, second, the Article provides an analysis of whether the use of IHL at human rights tribunals contributes to the enforcement of IHL, even when it is not binding on states

Ambivalent Enforcement: International Humanitarian Law at Human Rights Tribunals

In addition to exploring the limitations of the Inter-American System’s jurisdictional capacity to adjudicate issues of IHL, this Article examines Inter-American jurisprudence in light of recent scholarly conversations regarding the relevance of the principle of lex specialis, which seeks to guide tribunals when two bodies of law may apply simultaneously, by providing for the prioritization of a specialized body of law over a general one. This concept, first articulated by the International Court of Justice (ICJ) in the Nuclear Weapons case, has proven to be the source of much scholarly consternation. As a means of addressing problems arising from the fragmentation of international law, the concept has a nice ring to it, but in practical terms, it has proven to be a terribly messy concept subject to multiple interpretations. The Inter-American system has adopted an approach to fragmentation, described here as the Interpretive Reference Resolution, which relies on reference to IHL, but does not permit the direct application of that law. This method allows tribunals to walk a delicate balance: they avoid directly finding states in violation of norms of IHL while simultaneously incorporating IHL into their analysis of HRL norms. This balancing act provides a novel solution to the problem of fragmentation between IHL and HRL. Furthermore, it has allowed human rights tribunals within the Inter-American System to tether their findings of human rights violations to IHL. This approach, this Article argues, is a soft law strategy with the same potential enforcement impact as the direct finding of violations of IHL. Therefore, this Article offers two contributions: first, it offers a normative framing for utilizing the abstract legal standard of lex specialis when IHL and HRL may simultaneously apply, second, the Article provides an analysis of whether the use of IHL at human rights tribunals contributes to the enforcement of IHL, even when it is not binding on states

Physical Activity-Related Policy and Environmental Strategies to Prevent Obesity in Rural Communities: A Systematic Review of the Literature, 2002-2013

Citation: Meyer, M. R. U., Perry, C. K., Sumrall, J. C., Patterson, M. S., Walsh, S. M., Clendennen, S. C., . . . Valko, C. (2016). Physical Activity-Related Policy and Environmental Strategies to Prevent Obesity in Rural Communities: A Systematic Review of the Literature, 2002-2013. Preventing Chronic Disease, 13, 24. doi:10.5888/pcd13.150406Additional Authors: Valko, C.Introduction Health disparities exist between rural and urban residents; in particular, rural residents have higher rates of chronic diseases and obesity. Evidence supports the effectiveness of policy and environmental strategies to prevent obesity and promote health equity. In 2009, the Centers for Disease Control and Prevention recommended 24 policy and environmental strategies for use by local communities: the Common Community Measures for Obesity Prevention (COCOMO); 12 strategies focus on physical activity. This review was conducted to synthesize evidence on the implementation, relevance, and effectiveness of physical activity-related policy and environmental strategies for obesity prevention in rural communities. Methods A literature search was conducted in PubMed, PsycINFO, Web of Science, CINHAL, and PAIS databases for articles published from 2002 through May 2013 that reported findings from physical activity-related policy or environmental interventions conducted in the United States or Canada. Each article was extracted independently by 2 researchers. Results Of 2,002 articles, 30 articles representing 26 distinct studies met inclusion criteria. Schools were the most common setting (n = 18 studies). COCOMO strategies were applied in rural communities in 22 studies; the 2 most common COCOMO strategies were "enhance infrastructure supporting walking" (n = 11) and " increase opportunities for extracurricular physical activity" (n = 9). Most studies (n = 21) applied at least one of 8 non-COCOMO strategies; the most common was increasing physical activity opportunities at school outside of physical education (n = 8). Only 14 studies measured or reported physical activity outcomes (10 studies solely used self-report); 10 reported positive changes. Conclusion Seven of the 12 COCOMO physical activity-related strategies were successfully implemented in 2 or more studies, suggesting that these 7 strategies are relevant in rural communities and the other 5 might be less applicable in rural communities. Further research using robust study designs and measurement is needed to better ascertain implementation success and effectiveness of COCOMO and non-COCOMO strategies in rural communities

Marcos globales de los derechos humanos aplicables a los migrantes LGBTI

Aunque no existe un instrumento jurídico internacional para proteger específicamente los derechos humanos de las personas LGBTI, en los últimos años los órganos jurídicos internacionales han interpretado las disposiciones básicas de los derechos humanos para aplicarlas a la población LGBTI

Los migrantes LGBTI y las detenciones de inmigrantes

Puesto que los Estados usan cada vez más las detenciones como medio para controlar los flujos de migración, las minorías de migrantes sexuales acaban en centros de detención donde pueden enfrentarse a diversas violaciones de sus derechos humanos

False Dichotomies of Transitional Justice: Gender, Conflict and Combatants in Colombia

At the time of publication Shana Tabak was at The George Washington University Law School.In Colombia’s decades-long armed conflict, between one-fourth to one-third of combatants are women. This paper addresses the problem of reintegrating female combatants in Colombia’s violent conflict into civil society after they have left armed groups. It argues that many transitional justice mechanisms rely on the notion that certain dichotomies exist between an era of conflict and a post-conflict era. Reflecting on the experiences of female combatants, this paper exposes those dichotomies as inaccurate reflections of the realities of many individuals affected by conflict. In doing so, it aims to synthesize contemporary feminist scholarly work on transitional justice with detailed research on gender in Colombia. This paper traces the evolution of feminist thinking on transitional justice mechanisms: a first generation focused on developing international criminal law to recognize the special character of sex crimes against women; a second generation was concerned that women in post-conflict societies may not consider that sexual violence is the most serious harm that they suffer, when compared to the murder of their children or the destruction of their communities; and finally, a third generation of scholars now caution that women during conflicts often, paradoxically, experience greater autonomy and less domestic violence than the post-conflict status quo. It then contributes to the existing feminist scholarship on transitional justice by examining the additional complication of women who may have suffered the horrors of conflict, but who have also been perpetrators of some of these horrors. Utilizing detailed research on the experiences of both Colombian women and men, it critiques transitional justice approaches from a gender-oriented perspective, and seeks to imagine what a gender-inclusive strategy might look like in Colombia.La