US Immigration Policy and the 21st Century Conundrum of “Child Saving”: A Human Rights, Law and Social Science, Political, Economic, and Philosophical Inquiry

Author(s):  
S. Lorén Trull ◽  
Bruce A. Arrigo
2015 ◽  
Vol 28 (2) ◽  
pp. 255-266 ◽  
Author(s):  
ALEXANDRA HUNEEUS

AbstractThis article argues that human rights law – which mediates between claims about universal human nature, on the one hand, and hard-fought political battles, on the other – is in particular need of a richer exchange between jurisprudential approaches and social science theory and methods. Using the example of the Inter-American Human Rights System, the article calls for more human rights scholarship with a new realist sensibility. It demonstrates in what ways legal and social science scholarship on human rights law both stand to improve through sustained, thoughtful exchange.


Author(s):  
Barry R. Chiswick

In this chapter, written explicitly for this volume, I share my thoughts on immigration policy. As a social scientist it is appropriate to assess the consequences, the costs and benefits, of alternative immigration policies. The policies that a country adopts regarding immigration, however, should be the outcome of a political process which should be informed by, but not dictated by, social science research....


Author(s):  
Michael O’Flaherty

This chapter examines the human rights protections afforded to sexual minorities. It shows that the jurisprudence focuses on issues of non-discrimination and privacy, and that important human rights protections can also be derived from the range of other civil, political, economic, social, and cultural human rights of general application. The chapter examines a recent exercise in the clarification of the application of human rights law concerning issues of sexual orientation and gender identity: the Yogyakarta Principles.


2008 ◽  
Vol 2 (1) ◽  
pp. 1-29 ◽  
Author(s):  
Na'ama Carmi

Cultural rights of minority groups are recognized in international human rights law. These rights include the right of minority groups to adopt various measures to protect their cultural identity, which may include closure of the group’s community from outsiders. The state in which such groups reside has a concurrent duty to respect these rights and sometimes even to take positive measures to ensure their implementation. The consideration of demographic factors, then, is regarded as legitimate when designed to protect minority groups. The rights of majority groups, on the other hand, are often ensured by the mere fact that they constitute a majority within the state and as such do not require special measures.This state of affairs is challenged, however, in face of mass immigration that could change the relation existing between majority and minority groups within the state. Under these circumstances, does a majority have the right to preserve its own culture through an immigration policy that takes into account demographic factors? I argue that the duty of states under international human rights law to protect rights of minority groups might serve as an incentive to restrict immigration endangering the character of the state. This character—the state’s public culture—is the outcome of collective preferences of the majority of its citizens, which is assumed ought to be respected.


Author(s):  
Jérémie Gilbert

The management of natural resources is linked to broad issues of economic development, as well as to political stability, peace, and security, but it is also intimately connected to the political, economic, social, and cultural rights of individuals and communities relying on these resources. Bad management of natural resources often leads to ill-planned development, misappropriation of land, corruption, bad governance, misaligned budget priorities, lack of strong institutional reforms, and weak policies coupled with a continued denial of human rights of local communities. This book analyses in details the connections that exist between the management of natural resources and human rights, offering a new innovative human rights-based approach to natural resources management. To do it offers a comprehensive analysis of the different norms, procedures, and approaches developed under human rights law that are relevant to the management of natural resources. Advocating for a less market and corporate approach to the control, ownership, and management of natural resources, this book supports the development of holistic and coherent integration of human rights law in the overall international legal framework governing the management of natural resources.


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