This paper offers a sympathetic interpretation of reparations claims made on behalf of African Americans and suggests how they could properly be honored. It reviews the federal government’s role in supporting racial subordination and its continuing failure to address the inequitable consequences, which public policy now largely ignores. It sketches a national rectification project, comprising a comprehensive set of public programs that would attack the persisting legacy of slavery and Jim Crow. The programs can be justified by the government’s duty to insure equal opportunity for our society’s children and, most urgently, by corrective justice, because the inequities are attributable to the government’s own policies.
{"title":"Reparations and Equal Opportunity","authors":"David Lyons","doi":"10.2139/SSRN.2117181","DOIUrl":"https://doi.org/10.2139/SSRN.2117181","url":null,"abstract":"This paper offers a sympathetic interpretation of reparations claims made on behalf of African Americans and suggests how they could properly be honored. It reviews the federal government’s role in supporting racial subordination and its continuing failure to address the inequitable consequences, which public policy now largely ignores. It sketches a national rectification project, comprising a comprehensive set of public programs that would attack the persisting legacy of slavery and Jim Crow. The programs can be justified by the government’s duty to insure equal opportunity for our society’s children and, most urgently, by corrective justice, because the inequities are attributable to the government’s own policies.","PeriodicalId":80722,"journal":{"name":"Boston College Third World law journal","volume":"24 1","pages":"177"},"PeriodicalIF":0.0,"publicationDate":"2012-07-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67919631","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The number of human rights ombudsman institutions has increased dramatically over the past three decades. Such institutions are prevalent in Latin America and in Central and Eastern Europe, and are increasingly found in other regions of the world as well. Forces such as democratization, public institution-building, comparative law influences, limited state resources, and international human rights law continue the spread of human rights ombudsman institutions. This Article discusses the mandates and jurisdiction of human rights ombudsman institutions. It argues that all governments should endow human rights ombudsman institutions with as many additional powers as their institutional and legal systems permit to supplement the ombudsman’s core investigatory mandate. These include inspection, litigation, research, and education powers. Further, this Article argues that all human rights ombudsman institutions must institute operating practices to increase their ability to protect and promote human rights.
{"title":"Transplantation and Adaptation: The Evolution of the Human Rights Ombudsman","authors":"L. C. Reif","doi":"10.7939/R3BC3TB66","DOIUrl":"https://doi.org/10.7939/R3BC3TB66","url":null,"abstract":"The number of human rights ombudsman institutions has increased dramatically over the past three decades. Such institutions are prevalent in Latin America and in Central and Eastern Europe, and are increasingly found in other regions of the world as well. Forces such as democratization, public institution-building, comparative law influences, limited state resources, and international human rights law continue the spread of human rights ombudsman institutions. This Article discusses the mandates and jurisdiction of human rights ombudsman institutions. It argues that all governments should endow human rights ombudsman institutions with as many additional powers as their institutional and legal systems permit to supplement the ombudsman’s core investigatory mandate. These include inspection, litigation, research, and education powers. Further, this Article argues that all human rights ombudsman institutions must institute operating practices to increase their ability to protect and promote human rights.","PeriodicalId":80722,"journal":{"name":"Boston College Third World law journal","volume":"31 1","pages":"269"},"PeriodicalIF":0.0,"publicationDate":"2011-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71370160","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This Article argues that the exclusion of enforced sterilization cases from the Peruvian Truth Commission's (CVR's) investigation and Final Report effectively erases state responsibility and greatly decreases the likelihood for justice and reparations for women victims-survivors of state-sponsored violence in Peru. In a context of deep cultural and economic divides and violent conflict, this note recounts how healthcare providers violated Peruvian women's reproductive rights by sterilizing low-income, indigenous Quechua-speaking women without informed consent through the State's Family Planning Program. It challenges the reasons given by Commissioners themselves for excluding these cases in the Commission's investigation and Final Report and also examines the effects of these omissions. Additionally, this Article argues that these systematic reproductive injustices constitute an act of genocide, proposes an independent inquiry and advocates for a more inclusive investigation and final report for future truth commissions whose goals include truth, accountability and justice for all victims-survivors of state-sponsored violence. Addressing these systematic violations of the fundamental human rights of Peruvian women is particularly important today as the State prosecutes former President Alberto Ken'ya Fujimori, holding him accountable for his alleged acts and omissions in violation of the fundamental human rights of Peruvians during the internal armed conflict. Leaders responsible for the enforced sterilization of more than 200,000 Peruvian women, including Fujimori, must be held accountable for past violations in order to fully realize future reconciliation and justice in Peru.
{"title":"Untold Truths: The Exclusion of Enforced Sterilizations from the Peruvian Truth Commission's Report","authors":"Jocelyn Getgen Kestenbaum","doi":"10.2139/ssrn.1271449","DOIUrl":"https://doi.org/10.2139/ssrn.1271449","url":null,"abstract":"This Article argues that the exclusion of enforced sterilization cases from the Peruvian Truth Commission's (CVR's) investigation and Final Report effectively erases state responsibility and greatly decreases the likelihood for justice and reparations for women victims-survivors of state-sponsored violence in Peru. In a context of deep cultural and economic divides and violent conflict, this note recounts how healthcare providers violated Peruvian women's reproductive rights by sterilizing low-income, indigenous Quechua-speaking women without informed consent through the State's Family Planning Program. It challenges the reasons given by Commissioners themselves for excluding these cases in the Commission's investigation and Final Report and also examines the effects of these omissions. Additionally, this Article argues that these systematic reproductive injustices constitute an act of genocide, proposes an independent inquiry and advocates for a more inclusive investigation and final report for future truth commissions whose goals include truth, accountability and justice for all victims-survivors of state-sponsored violence. Addressing these systematic violations of the fundamental human rights of Peruvian women is particularly important today as the State prosecutes former President Alberto Ken'ya Fujimori, holding him accountable for his alleged acts and omissions in violation of the fundamental human rights of Peruvians during the internal armed conflict. Leaders responsible for the enforced sterilization of more than 200,000 Peruvian women, including Fujimori, must be held accountable for past violations in order to fully realize future reconciliation and justice in Peru.","PeriodicalId":80722,"journal":{"name":"Boston College Third World law journal","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2008-09-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68154835","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
These remarks, prepared for the Boston College Third World Law Journal Reparations Symposium, compare different reparations claims in terms of their goals and viability as tort suits. I contrast two approaches observed in the claims: a "doing justice" model, which involves seeking compensation in important cases of uncorrected or uncompensated injustice; and a "social welfare" model that seeks to change the distribution of wealth. Claims under the first category are far more consistent with tort doctrine and likely to meet their goals than the social welfare-based claims.
{"title":"A Framework for Reparations Claims","authors":"Keith N. Hylton","doi":"10.2139/SSRN.392080","DOIUrl":"https://doi.org/10.2139/SSRN.392080","url":null,"abstract":"These remarks, prepared for the Boston College Third World Law Journal Reparations Symposium, compare different reparations claims in terms of their goals and viability as tort suits. I contrast two approaches observed in the claims: a \"doing justice\" model, which involves seeking compensation in important cases of uncorrected or uncompensated injustice; and a \"social welfare\" model that seeks to change the distribution of wealth. Claims under the first category are far more consistent with tort doctrine and likely to meet their goals than the social welfare-based claims.","PeriodicalId":80722,"journal":{"name":"Boston College Third World law journal","volume":"24 1","pages":"31"},"PeriodicalIF":0.0,"publicationDate":"2003-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68666201","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The Hydra hath but one head: the socio-cultural dimensions of the AIDS epidemic and women's right to health.","authors":"J M Spectar","doi":"","DOIUrl":"","url":null,"abstract":"","PeriodicalId":80722,"journal":{"name":"Boston College Third World law journal","volume":"21 ","pages":"1-34"},"PeriodicalIF":0.0,"publicationDate":"2001-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"24597048","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Controlling the reproductive rights of impoverished women: is this the way to \"reform\" welfare?","authors":"M G Broomfield","doi":"","DOIUrl":"","url":null,"abstract":"","PeriodicalId":80722,"journal":{"name":"Boston College Third World law journal","volume":"16 2","pages":"217-44"},"PeriodicalIF":0.0,"publicationDate":"1996-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"25236864","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The Culture of Disbelief: How American Law and Politics Trivialize Religious Devotion by Stephen L. Carter","authors":"L. Friedman","doi":"10.5860/choice.31-3741","DOIUrl":"https://doi.org/10.5860/choice.31-3741","url":null,"abstract":"","PeriodicalId":80722,"journal":{"name":"Boston College Third World law journal","volume":"14 1","pages":"163"},"PeriodicalIF":0.0,"publicationDate":"1994-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71044629","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"International protection of children's right to health: the medical screening of newborns.","authors":"S J Fox, D Young","doi":"","DOIUrl":"","url":null,"abstract":"","PeriodicalId":80722,"journal":{"name":"Boston College Third World law journal","volume":"11 1","pages":"1-43"},"PeriodicalIF":0.0,"publicationDate":"1991-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"24980797","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Broken Alliance: The Turbulent Times Between Blacks and Jews in America by Jonathan Kaufman","authors":"Margot Friedman","doi":"10.5860/choice.26-2861","DOIUrl":"https://doi.org/10.5860/choice.26-2861","url":null,"abstract":"","PeriodicalId":80722,"journal":{"name":"Boston College Third World law journal","volume":"16 1","pages":"197"},"PeriodicalIF":0.0,"publicationDate":"1990-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71032051","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1989-01-01DOI: 10.1163/2468-1733_shafr_sim270040239
David A Cifrino
{"title":"Exporting the First Amendment: The Press-Government Crusade of 1945-1952 by Margaret A. Blanchard","authors":"David A Cifrino","doi":"10.1163/2468-1733_shafr_sim270040239","DOIUrl":"https://doi.org/10.1163/2468-1733_shafr_sim270040239","url":null,"abstract":"","PeriodicalId":80722,"journal":{"name":"Boston College Third World law journal","volume":"9 1","pages":"143"},"PeriodicalIF":0.0,"publicationDate":"1989-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"64433924","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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