While the United Nations and NGOs are pushing for global judicialization of economic, social and cultural rights (ESCRs), little is known of their consequences. We provide evidence of the effects of introducing three types of ESCRs into the constitution: the rights to education, health and...

Constitutions are commonly regarded as uniquely national products, shaped by domestic ideals and politics. This paper develops and empirically investigates a novel hypothesis, which is that constitutions are also shaped by transnational influence, or “diffusion.” Constitutional rights can...

After 9/11, the United States and its allies took measures to protect their citizens from future terrorist attacks.  While these measures aim to increase security, they have often been criticized for violating human rights.  But violating rights is difficult in a constitutional democracy with...

With convergence-divergence as an organizing theme, this Article explores harm reduction and human rights as conceptual approaches to and discourses about unsafe abortion. The vehicle for this exploration is access to safer-use information on medication abortion, namely women’s...

In, “Life, Liberty, and the Pursuit of Water: Evaluating Water as a Human Right and the Duties and Obligations it Creates," author Amy Hardberger discusses the reasoning behind establishing access to clean water as a human right. She argues that access to clean water is already considered...

This article suggests that were federal environmental regulators to view themselves as human rights decisionmakers, we might well see a new kind of regulatory decisionmaking emerge — one not only more responsive and transparent, but also more likely to enjoy the trust of the American public....

In April 2010 the European Commission embarked upon a public consultation in order to identify concrete actions to tackle the challenges and obstacles faced by citizens when exercising their rights as citizens of the European Union. The issues under consultation included residence right and the...

Do vulnerable individuals have real human rights? At the supranational level of the European Convention of Human Rights the question of the rights of individuals is inextricably linked to the corollary question of the state's obligations. General principles determining positive obligations of...

Achieving human security which is about providing guarantee of freedom from want and freedom from fear remains the most compelling issue in Nigeria today. In spite of the country’s enormous human and natural endowments, majority of her populace continue to be threatened by extreme poverty,...

When an individual has suffered a violation of her human rights by or involving corporations, she should have recourse to a court or quasi-judicial mechanism to enforce responsibility of perpetrator. It appears that the victims of human rights violations by or involving corporations have...