Universal Declaration of Human Rights 1948
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International Law and Contemporary Forms of Slavery: an Economic and Social Rights-Based Approach A
Penn State International Law Review Volume 23 Article 15 Number 4 Penn State International Law Review 5-1-2005 International Law and Contemporary Forms of Slavery: An Economic and Social Rights-Based Approach A. Yasmine Rassam Follow this and additional works at: http://elibrary.law.psu.edu/psilr Recommended Citation Rassam, A. Yasmine (2005) "International Law and Contemporary Forms of Slavery: An Economic and Social Rights-Based Approach," Penn State International Law Review: Vol. 23: No. 4, Article 15. Available at: http://elibrary.law.psu.edu/psilr/vol23/iss4/15 This Article is brought to you for free and open access by Penn State Law eLibrary. It has been accepted for inclusion in Penn State International Law Review by an authorized administrator of Penn State Law eLibrary. For more information, please contact [email protected]. I Articles I International Law and Contemporary Forms of Slavery: An Economic and Social Rights-Based Approach A. Yasmine Rassam* I. Introduction The prohibition of slavery is non-derogable under comprehensive international and regional human rights treaties, including the Universal Declaration of Human Rights'; the International Covenant on Civil and * J.S.D. Candidate, Columbia University School of Law. LL.M. 1998, Columbia University School of Law; J.D., magna cum laude, 1994, Indiana University, Bloomington; B.A. 1988, University of Virginia. I would like to thank the Columbia Law School for their financial support. I would also like to thank Mark Barenberg, Lori Damrosch, Alice Miller, and Peter Rosenblum for their comments and guidance on earlier drafts of this article. I am grateful for the editorial support of Clara Schlesinger. -
Union Security and the Right to Work Laws: Is Coexistence Possible?
William & Mary Law Review Volume 2 (1959-1960) Issue 1 Article 3 October 1959 Union Security and the Right to Work Laws: Is Coexistence Possible? J. T. Cutler Follow this and additional works at: https://scholarship.law.wm.edu/wmlr Part of the Labor and Employment Law Commons Repository Citation J. T. Cutler, Union Security and the Right to Work Laws: Is Coexistence Possible?, 2 Wm. & Mary L. Rev. 16 (1959), https://scholarship.law.wm.edu/wmlr/vol2/iss1/3 Copyright c 1959 by the authors. This article is brought to you by the William & Mary Law School Scholarship Repository. https://scholarship.law.wm.edu/wmlr UNION SECURITY AND RIGHT-TO-WORK LAWS: IS CO-EXISTENCE POSSIBLE? J. T. CUTLER THE UNION STRUGGLE At the beginning of the 20th Century management was all powerful and with the decision in Adair v. United States1 it seemed as though Congress was helpless to regulate labor relations. The Supreme Court had held that the power to regulate commerce could not be applied to the labor field because of the conflict with fundamental rights secured by the Fifth Amendment. Moreover, an employer could require a person to agree not to join a union as a condition of his employment and any legislative interference with such an agreement would be an arbitrary and unjustifiable infringement of the liberty of contract. It was not until the first World War that the federal government successfully entered the field of industrial rela- tions with the creation by President Wilson of the War Labor Board. Upon being organized the Board adopted a policy for- bidding employer interference with the right of employees to organize and bargain collectively and employer discrimination against employees engaging in lawful union activities2 . -
Modern-Day Slavery & Human Rights
& HUMAN RIGHTS MODERN-DAY SLAVERY MODERN SLAVERY What do you think of when you think of slavery? For most of us, slavery is something we think of as a part of history rather than the present. The reality is that slavery still thrives in our world today. There are an estimated 21-30 million slaves in the world today. Today’s slaves are not bought and sold at public auctions; nor do their owners hold legal title to them. Yet they are just as surely trapped, controlled and brutalized as the slaves in our history books. What does slavery look like today? Slaves used to be a long-term economic investment, thus slaveholders had to balance the violence needed to control the slave against the risk of an injury that would reduce profits. Today, slaves are cheap and disposable. The sick, injured, elderly and unprofitable are dumped and easily replaced. The poor, uneducated, women, children and marginalized people who are trapped by poverty and powerlessness are easily forced and tricked into slavery. Definition of a slave: A person held against his or her will and controlled physically or psychologically by violence or its threat for the purpose of appropriating their labor. What types of slavery exist today? Bonded Labor Trafficking A person becomes bonded when their labor is demanded This involves the transport and/or trade of humans, usually as a means of repayment of a loan or money given in women and children, for economic gain and involving force advance. or deception. Often migrant women and girls are tricked and forced into domestic work or prostitution. -
Statute of the Office of the United Nations High Commissioner for Refugees
s t a t u t e of the office of the united nations high commissioner Published by: for refugees UNHCR Communications and Public Information Service P.O. Box 2500 1211 Geneva 2 Switzerland www.unhcr.org For information and inquiries, please contact: Communications and Public Information Service [email protected] General Assembly Resolution 428 (V) of 14 December 1950 statute of the office of the united nations high commissioner for refugees with an Introductory Note by the Office of the United Nations High Commissioner for Refugees s t a t u t e o f t h e o f f i c e o f t h e u n h c r 1 introductory note by the Office of the United Nations High Commissioner for Refugees (UNHCR) In ResolutIon 319 (IV) , of 3 December 1949, the United Nations General Assembly decided to establish a High Commissioner’s Office for Refugees as of 1 January 1951. The Statute of the Office of the United Nations High Commissioner for Refugees was adopted by the General Assembly on 14 December 1950 as Annex to Resolution 428 (V).n I this Resolution, reproduced on page 4, the Assembly also called upon the Governments to cooperate with the High Com- missioner in the performance of his or her functions concerning refugees fall- ing under the competence of the Office. In accordance with the Statute, the work of the High Commissioner is humanitarian and social and of an entirely non-political character. The functions of the High Commissioner are defined in the Statute and in various Resolutions subsequently adopted by the General Assembly. -
The Right to Reparations for Acts of Torture: What Right, What Remedies?*
96 STATE OF THE ART The right to reparations for acts of torture: what right, what remedies?* Dinah Shelton** 1. Introduction international obligation must cease and the In all legal systems, one who wrongfully wrong-doing state must repair the harm injures another is held responsible for re- caused by the illegal act. In the 1927 Chor- dressing the injury caused. Holding the zow Factory case, the PCIJ declared dur- wrongdoer accountable to the victim serves a ing the jurisdictional phase of the case that moral need because, on a practical level, col- “reparation … is the indispensable comple- lective insurance might just as easily provide ment of a failure to apply a convention and adequate compensation for losses and for fu- there is no necessity for this to be stated in ture economic needs. Remedies are thus not the convention itself.”1 Thus, when rights only about making the victim whole; they are created by international law and a cor- express opprobrium to the wrongdoer from relative duty imposed on states to respect the perspective of society as a whole. This those rights, it is not necessary to specify is incorporated in prosecution and punish- the obligation to afford remedies for breach ment when the injury stems from a criminal of the obligation, because the duty to repair offense, but moral outrage also may be ex- emerges automatically by operation of law; pressed in the form of fines or exemplary or indeed, the PCIJ has called the obligation of punitive damages awarded the injured party. reparation part of the general conception of Such sanctions express the social convic- law itself.2 tion that disrespect for the rights of others In a later phase of the same case, the impairs the wrongdoer’s status as a moral Court specified the nature of reparations, claimant. -
Handbook for the Protection of Internally Displaced Persons
Handbook for the Protection of Internally Displaced Persons Action Sheet 8 Liberty and Freedom of Movement Key message The ability to move freely and in safety within one’s country is a basic right as well as a pre-condition for the enjoyment of many other rights. Limitations on freedom of movement can have serious consequences for the lives, health and well-being of individuals and communities. Ensuring freedom of movement thus forms an important part of any protection strategy. 1. What do we mean by the term freedom of movement? Freedom of movement consists of the right and ability to move and choose one’s residence freely and in safety within the territory of the State, regardless of the purpose of the move. It also includes the right to leave any country and to return to one’s own country. It is closely related to the right to liberty and security of person, which guarantees freedom from arbitrary arrest and detention, and the right to seek asylum in another country. Taken together these rights mean that all persons, including the internally displaced, have the right to: l Take flight and seek safety in another part of the country (of choice), or to leave the country in order to seek asylum in another country. l Move freely and in safety within the country, including in and out of camps and settlements, regardless of the purpose of the move. l Voluntarily return to the place of origin or relocate to another part of the country. l Not be arbitrarily displaced or forced to return or relocate to another part of the country. -
Freedom of Movement of Workers – Directive 2004/38/EC – Right of Residence – Derived Rights for Third-Country Nationals)
JUDGMENT OF THE COURT 13 May 2020 (Freedom of movement of workers – Directive 2004/38/EC – Right of residence – Derived rights for third-country nationals) In Case E-4/19, REQUEST to the Court under Article 34 of the Agreement between the EFTA States on the Establishment of a Surveillance Authority and a Court of Justice by the Supreme Court of Norway (Norges Høyesterett), in a case pending before it between Campbell and The Norwegian Government, represented by the Immigration Appeals Board (Utlendingsnemnda – UNE), concerning the interpretation of Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC, and in particular Article 7(1)(b) read in conjunction with Article 7(2) thereof, THE COURT, composed of: Páll Hreinsson, President, Per Christiansen, and Bernd Hammermann (Judge-Rapporteur), Judges, Registrar: Ólafur Jóhannes Einarsson, having considered the written observations submitted on behalf of: Ms Campbell, represented by Anne-Marie Berg, Advocate; – 2 – the Norwegian Government, represented by Pål Wennerås, Advocate with the Attorney General of Civil Affairs, acting as Agent; the EFTA Surveillance Authority (“ESA”), represented by Ewa Gromnicka, Erlend Møinichen Leonhardsen and Carsten Zatschler, members -
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•^tiSS^^i-S^ UNITED NATIONS Final Reprt of the' First Executive Beard of tiis MATiniMO ii \viftiiyi* •• L,^ & n 4 i' : y•-«•, pf-STPr^BSTSi^i Al ^P-^! f^-PSf^.?^ 1 \:A 11-111-1 ^ s ^ s I •" 1^ '-: ;-> i H; ?• "I I- ^•ii \ 1 * t; n a v) i 8 i ? i; •: '• •' *\ •* m I g.fiUiiig hJt^M- yssisu^slLia y kfe^tealSW E B C?«'iiai> 11 DECEMBER 1946—-31 DECEMBER 19SO ECONOMIC AND SOQAL COUNCIL OFFICIAL RECORDS TWELI^TH SESSION SUPPLEMENT No. 3 NEW YORK ) TABLE OF CONTENTS Page INTRODUCTION ................................................ 1 I. SUMMARY .................................................... 1 II. ORIGIN OF THE FUND ........................................... 3 III. WHAT THE FUND DID AND WHY ................................. 3 The work in Europe ........................................... 3 The work in Asia ............................................. 8 The work in Latin America ..................................... 11 The work in the Middle East and North Africa ................... 13 IV. FINANCIAL HISTORY ........................................... 14 Government contributions ....................................... 14 UNRRA residual assets ......................................... 15 United Nations Appeal for Children .............................. 15 Allocations ................................................... 16 Expenditures ................................................. 17 Value of assistance remaining to be fulfilled ........................ 18 Annual and cumulative statistics ..............................r:. 18 Resources -
Teacher Lesson Plan an Introduction to Human Rights and Responsibilities
Teacher Lesson Plan An Introduction to Human Rights and Responsibilities Lesson 2: Introduction to the Universal Declaration of Human Rights Note: The Introduction to Human Rights and Responsibilities resource has been designed as two unique lesson plans. However, depending on your students’ level of engagement and the depth of content that you wish to explore, you may wish to divide each lesson into two. Each lesson consists of ‘Part 1’ and ‘Part 2’ which could easily function as entire lessons on their own. Key Learning Areas Humanities and Social Sciences (HASS); Health and Physical Education Year Group Years 5 and 6 Student Age Range 10-12 year olds Resources/Props • Digital interactive lesson - Introduction to Human Rights and Responsibilities https://www.humanrights.gov.au/introhumanrights/ • Interactive Whiteboard • Note-paper and pens for students • Printer Language/vocabulary Human rights, responsibilities, government, children’s rights, citizen, community, individual, law, protection, values, beliefs, freedom, equality, fairness, justice, dignity, discrimination. Suggested Curriculum Links: Year 6 - Humanities and Social Sciences Inquiry Questions • How have key figures, events and values shaped Australian society, its system of government and citizenship? • How have experiences of democracy and citizenship differed between groups over time and place, including those from and in Asia? • How has Australia developed as a society with global connections, and what is my role as a global citizen?” Inquiry and Skills Questioning • -
An Interstate Analysis of Right to Work Laws
SARVIS THE HIGH COST OF BIG LABOR An Interstate Analysis of Right AN INTERSTATE ANALYSIS OF RIGHT TO WORK LAWS WORK OF RIGHT TO ANALYSIS AN INTERSTATE to Work Laws The Competitive Enterprise Institute promotes the institutions of liberty and works to remove government-created barriers to economic freedom, innovation, and prosperity through timely analysis, effective advocacy, inclusive coalition- building, and strategic litigation. COMPETITIVE ENTERPRISE INSTITUTE 1899 L Street NW, 12th Floor Washington, DC 20036 202-331-1010 cei.org RICHARD VEDDER & JONATHAN ROBE CEI THE HIGH COST OF BIG LABOR An Interstate Analysis of Right to Work Laws by Richard Vedder and Jonathan Robe 58402.1_CEI_RighttoWork.indd 1 7/23/14 10:25 AM The Competitive Enterprise Institute’s The High Cost of Big Labor series analyzes and compares the economic impact of labor policies on the states, including right to work and public sector collective bargaining laws. 2 An Interstate Analysis of Right to Work Laws 58402.1_CEI_RighttoWork.indd 2 7/23/14 10:25 AM Executive Summary HE COMPELLING PREPONDERANCE sources available for workers, lowers produc- of evidence suggests there is a substantial, tivity growth and wealth creation, and makes Tsignificant, and positive relationship be- people less well off than they would be in a tween economic growth in a state and the pres- fully free labor market. ence of a right to work (RTW) law. Incomes rise following the passage of RTW This paper presents a labor economics anal- laws, even after adjusting for the substan- ysis of the effect of right to work laws on state tial population growth that those laws also economies, and ranks states’ per capita income induce. -
Slavery Past and Present
fact sheet Slavery past and present Right: Slaves being forced below What is Anti-Slavery International? deck. Despite the fact that many slaves were chained for the voyage it The first organised anti-slavery is estimated that a rebellion occurred societies appeared in Britain in the on one out of every eight slave ships 1780s with the objective of ending that crossed the Atlantic. the slave trade. For many people, this is the image In 1807 the British slave trade was that comes to mind when they hear abolished by Parliament and it the word slavery. We think of the became illegal to buy and sell buying and selling of people, their slaves although people could shipment from one continent to still own them. In 1833 Parliament another and the abolition of the finally abolished slavery itself, trade in the early 1800s. Even if we both in Britain and throughout know little about the slave trade, the British Empire. we think of it as part of our history rather than our present. In 1839 the British and Foreign Anti-Slavery Society was created, In fact, the slave trade continues to representing a new organisation for have an impact today. Its legacies the new chapter of the anti-slavery include racism, discrimination Mary Prince struggle. It gave inspiration to the and the development and under- abolitionist movement in the United development of communities and “Oh the horrors of slavery! - States and Brazil, and contributed countries affected by the trade. How the thought of it pains my to the drawing up of international And slavery itself is not a thing of heart! But the truth ought to standards on slavery. -
Facilitating Peaceful Protests
ACADEMY BRIEFING No. 5 Facilitating Peaceful Protests January 2014 Geneva Academy of International Humanitarian Law and Human Rights Geneva Académie de droit international humanitaire et de droits humains à Genève Academ The Academy, a joint centre of ISBN: 978-2-9700866-3-5 © Geneva Academy of International Humanitarian Law and Human Rights, January 2014. Acknowledgements This Academy Briefing was written by Milena Costas Trascasas, Research Fellow, and Stuart Casey-Maslen, Head of Research, at the Geneva Academy of International Humanitarian Law and Human Rights (Geneva Academy). The Academy would like to thank all those who commented on an earlier draft of this briefing, in particular Anja Bienart and Brian Wood of Amnesty International, and Neil Corney of Omega Research Foundation. The Geneva Academy would also like to thank the Swiss Federal Department of Foreign Affairs (DFAE) for its support to the Academy’s work on facilitating peaceful protests, especially the Human Security Division for its funding of the publication of this Briefing. Editing, design, and layout by Plain Sense, Geneva. Disclaimer This Academy Briefing is the work of the authors. The views expressed in it do not necessarily reflect those of the project’s supporters or of anyone who provided input to, or commented on, a draft of this Briefing. The designation of states or territories does not imply any judgement by the Geneva Academy, the DFAE, or any other body or individual, regarding the legal status of such states or territories, or their authorities and institutions, or the delimitation of their boundaries, or the status of any states or territories that border them.