Final exam Global law Flashcards
1
Q
Which document serves as a key instrument for Indigenous rights on the international level?
A
United Nations Declaration on the Rights of Indigenous Peoples
2
Q
Which of the following is not a principle outlined in the UN Declaration on the Rights of Indigenous Peoples?
Right to Self-Determination
Right to Autonomy and Self-Governance
Right to Lands, Territories, and Resources
Right to Culture, Religion, and Language
Right to healthcare
A
Right to healthcare
3
Q
UN Declaration on the Rights of Indigenous Peoples is a biding resolution
True or False
A
False
4
Q
All countries participants of the UN Assembly in 2007 signed United Nations Declaration on the Rights of Indigenous Peoples
True or False
A
False
5
Q
In the Peruvian case presented in class. Internationally, this national institutions can support Indigenous Rights at the national level.
A
Ministry of Women
Ministry of Social
Development
Navy
Urban Planning Offices
6
Q
In the Peruvian case presented in class. Not aknowleding the floating communities in Peru may violated some UN Rights of Indigenous Peoples
True or False
A
True
7
Q
What is the importance of international humanitarian law?
A
It is a set of rules which seek to limit the effects of armed conflict.
8
Q
In the setting of the current armed conflict involving Russia and the Ukraine, which
statement is true about access to medical care?
A
If a military attack deliberately damages a health facility and harms its patients, a war crime has been committed.
9
Q
The consequences of this conflict for Ukrainian children include:
Reduced (or no) capacity of nearest health facility.
Damage or destruction of available housing.
Bombing of schools.
Limited access to clean water.
A
all
10
Q
All of the following statements are true about refugees except:
a.There are over 27.1 million refugees globally, of which 21.3 million are protected by UNHCR, the UN Refugee Agency
b. Refugees are forced to flee their own country and seek safety in another country.
c. Approximately 15% of the world’s refugees are children.
d. Refugees have a right to international protection
e. Both refugees and asylum seekers are forced to flee their countries of origin due to persecution, war, violence, and/or human rights violations, while migrants and immigrant groups both willingly leave their countries of origin by choice
A
d. Refugees have a right to international protection
11
Q
The core principle of “non-refoulement” from the 1951 Refugee Convention states of non-that a refugee can be returned to a country where they face serious threats to their life or freedom.
True or False
A
False
12
Q
Although the terms are often used interchangeably, there are key differences between refugees, asylum seekers, migrants and immigrants.
True or False
A
True
13
Q
Title 42 is an emergency order policy put in place during the Covid-19 pandemic that has not yet been lifted due to continuing public health concerns related to the recent influx of immigrants at the Mexico-U.S. border.
True or False
A
false
14
Q
All of the following are true statements about the Flores Settlement Agreement except:
a. The Flores Settlement Agreement serves as legal protection for detained immigrant children in the U.S., particularly since the U.S. never ratified the Convention on the Rights of the Child
Correct Answer
b. The Flores Settlement Agreement specifies that immigrant children may only be held in detention for a maximum of 30 days
c. The Flores Settlement Agreement details that the minimum standards of care for detained immigrant children should be “safe and sanitary”
d. The Flores Settlement Agreement was violated by the Trump administration when immigrant children were separated and detained away from their parents and/or families
You Answered
e. The Flores Settlement Agreement was signed into U.S. law in 1997 during the Clinton administration, although the agreement has undergone many legal challenges in recent years
A
b
15
Q
Results from the Office of Inspector General Report, Department of Homeland Security conducted in 2019 on four U.S. immigrant detention centers found the following health related violations:
a. Food service and safety violations
b. Inappropriate segregation violations
c. Absence of recreation/outside housing violations
d. Poor sanitation/hygiene standards in lavatories
A
all
16
Q
What are reproductive right?
A
Reproductive rights refer to the legal, social, and ethical rights of individuals to make decisions about their reproductive health, including the right to access healthcare services related to contraception, family planning, and maternity care. These rights encompass the ability to choose whether or not to have children, the number and spacing of children, and the right to access information and education regarding reproductive health.
17
Q
what is reproductive justice?
A
Reproductive justice expands upon the concept of reproductive rights by considering the broader social, economic, and racial contexts that affect individuals’ ability to exercise their reproductive rights. It emphasizes the right to have children, not have children, and parent in safe and supportive environments. Reproductive justice advocates for equitable access to reproductive healthcare, recognizing the intersectionality of various social issues.
18
Q
What are four primary questions we address when considering the topic of reproductive justice?
A
a. Can we have children?
b. When will we have children?
c. How will we rear and provide for our children?
d. What happens when we choose not to have children?
19
Q
What does CEDAW stand for?
A
CEDAW stands for the Convention on the Elimination of All Forms of Discrimination Against Women.
20
Q
Why is CEDAW considered a comprehensive human right convention for women?
A
CEDAW is considered comprehensive because it addresses various forms of discrimination against women in the political, economic, social, cultural, and civil spheres. It obligates states to take actions to eliminate discrimination and promote gender equality.
21
Q
Are the majority of the countries of the world legally obligated to CEDAW? Has the US ratified CEDAW?
A
While the majority of the world’s countries are legally obligated to CEDAW, the United States has not ratified it.
22
Q
What does article 12 obligate states parties to do?
A
Article 12 obligates States Parties to take measures to eliminate discrimination against women in the field of healthcare, ensuring access to healthcare services, including family planning.
23
Q
Describe CEDAW general recommendation no 24. What is its purpose?
A
GR 24 provides guidance on women and health, addressing issues such as reproductive health, violence against women in healthcare settings, and women’s right to health.
24
Q
What SDGs focus on maternal health and SRHR?
A
Sustainable Development Goals (SDGs) 3 and 5 focus on maternal health and sexual and reproductive health and rights (SRHR), respectively.
25
WHat SDGs include targets that focus on child health and rights?
SDGs 2, 3, 4, and 16 include targets related to child health and rights
26
Name the only country in the world that has not ratified the CRC?
The United States is the only country in the world that has not ratified the Convention on the Rights of the Child (CRC).
27
Describe the CRC and the guiding principles
The CRC is an international treaty that sets out the civil, political, economic, social, health, and cultural rights of children. The guiding principle is the best interests of the child.
28
What is the definition of child according to the CRC?
A child is defined as every human being below the age of eighteen years unless, under the law applicable to the child, majority is attained earlier
29
Does the CRC have an article about health?
Article 24 of the CRC focuses on the right of the child to the enjoyment of the highest attainable standard of health.
30
What was the dobbs decision and what impact did it have?
The Dobbs decision refers to a U.S. Supreme Court case (Dobbs v. Jackson Women's Health Organization) that dealt with a restrictive abortion law in Mississippi. The decision had the potential to impact abortion rights in the United States.
31
Explain the main results of the turnaway study?
The Turnaway Study is a research project that examines the consequences of receiving or being denied an abortion. The main results indicate that being denied an abortion often leads to negative socioeconomic outcomes for women, reinforcing the importance of reproductive rights and access to safe abortion services.
32
What are 5 leading cause of maternal mortality?
a. Hemorrhage (excessive bleeding)
b. Infection
c. Unsafe abortion
d. Hypertensive disorders (e.g., pre-eclampsia)
e. Obstructed labor
33
Are most maternal deaths preventable?
Most maternal deaths are considered preventable with timely and appropriate healthcare interventions, access to skilled healthcare professionals, and addressing social determinants of health.
34
What is the relationship between maternal mortality and human rights?
Maternal mortality is linked to human rights through the right to life, health, non-discrimination, and gender equality. Preventable maternal deaths often result from violations of these rights, highlighting the importance of addressing maternal health as a human rights issue.
35
Has maternal mortality ratio decreased over the last few decades?
The maternal mortality ratio has seen improvements in some regions but has not consistently decreased globally over the last few decades. Progress depends on factors such as healthcare infrastructure, access to services, and socioeconomic conditions.
36
Name 2 challenges that women have in attaining maternal health?
a. Lack of access to quality healthcare services.
b. Socioeconomic disparities, including poverty and limited education.
37
Why do women seek unsafe abortions
Women may resort to unsafe abortions due to legal restrictions, lack of access to safe abortion services, social stigma, and fear of judgment or punishment.
38
Explain discrimination against women that occurs in pregnancy and childbirth. Describe the CRC in general terms
Discrimination can manifest as denial of healthcare services, disrespectful treatment, and neglect during pregnancy and childbirth. This includes issues related to race, socio-economic status, and other factors.
39
Is the CRC composed of economic, social and cultural rights only?
The CRC is an international human rights treaty that sets out the civil, political, economic, social, health, and cultural rights of children.
40
Does the CRC recognize the role of parents and legal guardians in the development of the child?
The CRC encompasses civil and political rights (Part I) as well as economic, social, and cultural rights (Part II), making it a comprehensive document.
41
Does the CRC recognize the evolving role of the child in decision making based on the development of the child?
The CRC recognizes the primary role of parents and legal guardians in providing guidance and direction to the child in the exercise of their rights.The CRC acknowledges the evolving capacities of the child and their right to express their views in matters affecting them, considering their age and maturity.
41
Name one right in the CRC that protects the child from harm.
Article 19 of the CRC protects the child from all forms of violence, abuse, and maltreatment.
42
Name one right in the CRC that reflects the provision of basic needs.
Article 27 of the CRC ensures the right of every child to a standard of living adequate for their physical, mental, spiritual, moral, and social development, emphasizing the provision of basic needs.
43
Can you create a universal definition of "indigenous?" Explain (briefly - in 1 or 2 sentences) why or why not.
Creating a universal definition of "indigenous" is challenging due to the diversity of indigenous cultures, histories, and contexts worldwide. However, a broad definition could encompass communities with distinct languages, cultures, and historical ties to specific territories.
44
What human right problems might adversely affect indigenous populations' health in the Amazon region, and how?
In the Amazon region, human rights problems affecting indigenous populations' health include land dispossession, environmental degradation, and inadequate access to healthcare. These issues result from activities such as deforestation, resource extraction, and discriminatory policies, contributing to displacement, loss of traditional resources, and compromised well-being.
45
What does UDHR (1948) say about Mothers/Children & Protections?
Article 25: adequate standard of living
-- “Motherhood and childhood are entitled to special care
and assistance. All children, whether born in or out of
wedlock, shall enjoy the same social protection”
(UDHR, 1948)
46
When was the CEDAW adopted and enforced
Adopted in 1979, enforced 1981
> Full, comprehensive treaty including:
– civil & political rights
– economic, social & cultural rights related
to women
> 189 countries obligated, 2 signatories (but
not ratified; the U.S. being one of them), 6
countries taken no action
47
What are the 3 principles of CEDAW
Substantive equality, non-
discrimination & state obligation
48
What is substantive equality?
>Recognizes differences but affirms equality
> Places obligation to correct environment
> Makes playing field even
> Laws/policies to include gender perspective
49
Key CEDAW Articles & Relationship to
Health?
Art. 1: defines “discrimination against women”
“any distinction, exclusion or restriction on the basis of sex that has the
effect or purpose of harming or reversing women’s human rights and freedoms in
any aspect of their lives”
> Art. 2: intent to ensure gender equality
> Art. 3: shall take in all fields, all appropriate measures, including
legislation, to ensure the full development of women
> Art. 5: modifying social and cultural behaviors or conduct of men
and women with a view of achieving the elimination of prejudices
and customary and other practices which are based on the
inferiority of women or superiority of men
> Art. 6: to suppress trafficking and exploitation of the prostitution of
women
>Art. 10: eliminate discrimination against women in education
> Art. 12(1): eliminate discrimination in field of health care in order to
ensure, on the basis of equality, access to healthcare services,
including those related to family planning
> Art. 12(2): ensure appropriate services in connection with
pregnancy, confinement and post-natal period including granting
free services where necessary, as well as adequate nutrition
during pregnancy and lactation
> Art. 14: takes into account needs of rural women (unique plight)
> Art. 16(1): prohibits discrimination in all matters related to marriage
and family relations on the basis of equality
(CEDAW, 1979)
50
General Recommendation 24: Women &
Health Article 12
Defines “women”... “...issues of women’s health throughout woman’s
lifespan...therefore, ’women’ includes girls and adolescents”
– “...When States do not provide health services that only women need, this is
considered to be discrimination against women”
– “...[Failure] to remove barriers to women’s access to reproductive and sexual
health services...is...discrimination against women”
– “...Should not restrict women’s access to health services...on the grounds that
women do not have the authorization of husbands, partners,
parents...,because they are unmarried or because they are women”
– ”...Other barriers to women’s access to appropriate health care include laws
that criminalize medical procedures only need by women to punish women who
undergo those procedures”
51
Convention on the Rights of the Child
(CRC)
Note, women/children rights inextricably linked
> UN drafted and adopted in 1989
> 196 countries obligated, and 1 signatory/not ratified (US
again)
> Full, comprehensive treaty including:
– civil & political rights
– economic, social & cultural rights related to children
> Guiding principle: the best interests of the child
52
CRC Key Articles & Relationship to Health
Art. 1: child is every human being below age of 18
> Art. 2: protection from discrimination
> Art. 6: right to health
> Art. 9: no separation from parents against will
> Art. 13: freedom of expression
> Art. 24: right of the child to the enjoyment of the highest attainable
standard of health (like ICESCR)
> Art. 25: state must ensure children with disabilities have access to
specialized care & services
Art. 26: right to benefit from social security and health insurance
> Art. 27: adequate living standards (incl. food, clothing and housing)
> Art. 28: right to education
> Art. 31: right to rest, leisure, and play
> Art. 32: right to be free from economic exploitation
> Art. 32: protection from all forms of sexual exploitation and sexual
abuse
> Art. 37: free from torture
53
4 Key Questions to Consider-Reproductive
Justice
1) Can pregnant people choose whether to get or stay pregnant?
-Access to family planning/contraception
-Access to safe/legal abortion
2) Can pregnant people survive pregnancy?
-Maternal mortality disparities
3) Can pregnant people choose their circumstances of labor and delivery?
-Access to prenatal care, childbirth options (midwifery)
4) Can children be born, thrive and grow up healthy and safe environments?
54
Top 5 countries where a woman is most likely
to die in a given pregnancy are
1.South Sudan;
2.Chad;
3.Sierra Leone;
4.Nigeria;
5.Somalia
55
Inverse relationship between abortion restrictions and MCH
outcomes and policies to support mothers and children. In
states with more restrictive laws:
-Higher maternal mortality
– Higher maternal morbidity
– Higher infant mortality
– Poorer mental health-increased anxiety, stress, psychological
burden
56
Within the Turnaway Study, what were reasons given for
seeking abortion?
>Financial reasons (40%)
> Bad timing (1/3)
> Reasons related to the man involved (1/3)
> Need to focus on the children they already had (1/4)
57
Long-term Effects of Women who were turned
away (did not receive abortion when they
wanted one
>Less likely to have full-time employment for the next 2.5 years
> More likely to have household incomes below the federal
poverty level for the next 3 years than women who received an
abortion
> More likely to stay tethered to abusive partners than women
who received an abortion
Long-term Effects of Women who were turned
away (did not receive abortion when they
wanted one)
>More likely to live in poverty
58
The Declaration on the Rights of Indigenous
Peoples (UNDRIP) is a legally non-binding? True or False
True it is legally non-binding resolution passed by the United Nations in
2007
Only 4 countries didn’t sign (US, Canada, New
Zealand and Australia)
►Australia signed in 2009, Canada signed in
2020, New Zealand signed in 2023, US has not
signed
59
Definitions of “Indigenous” - United
Nations
Indigenous peoples live on all continents...”
“There is no singularly authoritative definition of indigenous peoples
under international law and policy, and the Indigenous Declaration
does not set out any definition.
”In fact, its articles 9 and 33 state that indigenous persons and
individuals have the right to belong to an indigenous community or
nation.....and that they have a right to determine their own identity.”
60
Definitions of “Indigenous” – World
Bank
Indigenous Peoples are distinct social and
cultural groups that share collective
ancestral ties to the lands and natural
resources where they live, occupy or from
which they have been displaced.”
“Indigenous comprise 5% of world’s
population, and 15% of the extreme
poor....”
Total world indigenous population:
“between 370 and 500 million Indigenous
Peoples worldwide, in over 90 countries.”
61
Earlier definitions of indigenous peoples?
1. based on time
2. based on language
3. based on state laws
4. based on national laws
5. based on community characteristics
6. based on collective rights
7.Based on self-determination, traditional land,
subjugation, marginalization, dispossession,
exclusion, or discrimination.
62
What are healthcare disparities for indigenous populations
Alcoholism (552% higher)
* Diabetes (182% higher)
* Unintentional injuries (138% higher)
* Homicide (83% higher)
* Suicide(74% higher).
* Cervical cancer (1.2 times higher)
* Pneumonia/influenza (1.4 times higher)
* Maternal deaths (1.4 times higher).
63
What to do to fight for indigenous rights?
international Forums: International relevance and political momentum- Amazon cooperation treaty organization
National Multisectoral Institutions: Find better ways to address social determinant of health, funding,
gaps in the system that could potential triggered change. : ministry of social development, ministry of women and vulnerable populations, navy, ministry of environment, urban planning office
64
What is the International criminal laws?
-Aggression
– War Crimes
– Crimes Against Humanity
– Genocide
65
what are the definitions of in interbational criminal law
-Aggression
– War Crimes
– Crimes Against Humanity
– Genocide
Genocide – certain acts “committed with intent to destroy, in whole or in
part, a national, ethnical, racial or religious group, as such.” The acts
include killing, infliction of “serious bodily or mental harm,” imposing
destructive conditions of life, preventing reproduction, and “forcibly
transferring children” to another group.
Crimes Against Humanity – acts such as murder, enslavement,
deportation, arbitrary imprisonment, rape, torture, persecution, and
apartheid “when committed as part of a widespread or systematic attack
directed against any civilian population.”
War Crimes – serious violations of the law of war committed in
international or non-international armed conflict
Aggression – “the use of armed force by a State against the sovereignty,
territorial integrity or political independence of another State, or in any
other manner inconsistent with the Charter of the United Nations” in a
manner that “by its character, gravity and scale, constitutes a manifest
violation of the Charter of the United Nations.”
66
What crime was committed against Ukraine?
The crime of aggression
ndiscriminate shelling of residential neighborhoods; executions; torture;
rape; mass prolonged arrest of civilians; mass graves; mass deportations of
Ukrainian civilians to Russia; large-scale shipment of Ukrainian children
to Russia; millions of refugees; bombing of power stations and water
supplies to deprive Ukrainians of heat, water, and food.
67
Is the war between ukraine and russia considered genocide?
The arguments on either side.
* Timothy Snyder’s argument that it is genocide.
* Putin and his associates have made it clear that they want to destroy the
existence of Ukraine as an independent state and separate nation.
* Russian state media has used genocidal rhetoric.
* The example of the Ria Novosti article of April 4, 2022.
* This article states that Ukraine as a whole has been “Nazified” by the West
in order to destroy Russia, and therefore Russia should inflict maximum
slaughter on Ukrainian soldiers, the Ukrainian people must undergo re-
education and mass punishment, the “Bandera elite” must be eliminated,
and it is necessary to carry out “de-Ukrainization” in all but the
westernmost regions of the country
68
What are Violations of Health and Human Rights in
Wartime: Mechanisms
Direct assaults on civilians by “conventional” means
Direct assaults on civilians caused by indiscriminate weapons
Indirect assaults on civilian populations
Ethnic cleansing and extrajudicial killing
Violations of medical neutrality
War and intellectual corruption (the “justifications” for violations)
69
What are Stages of Armed Conflict; Stages of Resolution
1. Truce: is an informal halt in fighting
2. cessation of hostilities:is broader and more formal than a truce, but is not quite a cease-fire
agreement.
3. cease-fire:is typically a negotiated agreement to cease hostilities and take other steps to calm
things down, like pulling back heavy weapons or marking out a “green line” or demilitarized zone to separate opposing forces
4.armistice: is a formal agreement to cease all military operations in a conflict permanently . It
ends the war, but it does not establish peace
70
what are the two countries who committed themselves to opt for TRUTH and RECONCILIATION,
after episodes of extreme violence
The republic of south Africa and Guatemala
71
Give a description of the case in the republic of south africa
Although
racial segregation had long been in practice, the apartheid name was
first used about 1948 to describe the racial segregation policies
embraced by the white minority government, which legally enforced
racial segregation in South Africa between 1948 and 1990.forced to live in separate areas from whites and use
separate public facilities. Contact between the two groups was limited. Institutionalized racism stripped South
African blacks of their civil and political rights and instituted
segregated education, health care, and all other public services, only
providing inferior standards for blacks and other non-Afrikaans.
Internal resistance was met with police brutality, administrative
detention, torture, and limitations on freedom of expressionDemonstrations against the killings followed ... and led to the banning
of the main African opposition organisations, the African national
Congress (ANC) and the Pan Africanist Congress (PAC).
72
What is the purpose of TRC
Official mandate on July 26, 1995
The TRC was created to investigate gross human rights violations that were
perpetrated during the period of the Apartheid regime, including abductions,
killings, and torture
The TRC was comprised of 17 commissioners.
Archbishop Desmond Tutu served as chair. The commission had three
committees: Human Rights Violations, Amnesty, and Reparations and
Rehabilitation.
Report: The commission's report was presented to President Mandela
in October 1998.
73
What is Truth and Reconciliation Background:
Guatemala
From the mid-1950s through the 1970s Guatemala was
characterized by increasing state repression against citizens in response to rising
unrest by various militia groups. In 1982 the Guatemalan military conducted a
scorched earth campaign against the newly formed Revolutionary National Unity
of Guatemala (URNG), resulting in high numbers of deaths
In 1980, the Guatemalan army instituted
‘Operation Sophia,’ which aimed at ending insurgent guerrilla warfare
by destroying the civilian base in which they hid. This program
specifically targeted the Mayan population, who were believed to be
supporting the guerilla movement.
n the early 1980s, the army destroyed 626 villages, killed or
“disappeared” more than 200,000 people and displaced an additional
1.5 million, while more than 150,000 were driven to seek refuge in
Mexico. Forced disappearance policies included secretly arresting or
abducting people, who were often killed and buried in unmarked
graves.
The Guatemalan armed conflict ended in 1996 when the government
signed a peace accord (The Accord for a Firm and Lasting Peace) with
the insurgent group, the Guatemalan National Revolutionary Unity
(URNG). Part of the accords directed the United Nations to organize a
Commission of Historical Clarification (CEH).
74
What is Guatemala’s Commission for Historical
Clarification?
Charter: An agreement on the establishment of a Commission to clarify past human
rights violations and acts of violence that have caused the Guatemalan population to
suffer; June 23, 1994
* Mandate: The Commission for Historical Clarification was created to clarify human rights
violations related to the thirty-six year internal conflict from 1960 to the United Nation's
brokered peace agreement of 1996, and to foster tolerance and preserve memory of the
victims.
* Commissioners and Structure: Three commissioners, two men and one woman (of Maya
descent), including two Guatemalans. A German law professor, Christian Tomuschat, of
Berlin's Humboldt University, served as chair. The chair of the commission was
appointed by the Secretary-General of the United Nations. The mandate stipulated that
one member had to be a Guatemalan of irreproachable conduct, appointed by the chair
with the agreement of the parties to the peace agreement. The other member had to be
an academic selected by the moderator, with the agreement of the parties, from a list
proposed by the University presidents
75
What was the population of people killed in guatemala
The total number of people killed was over 200,000; 83% of the victims were
Mayan and 17% were Ladino
76
Responses from the Guatemalan and US
Governments
Reforms
*Without announcing any follow-up measures, Guatemala's President Arzu
apologized for the role of the government in past abuses when he received the
commission’s report.
*The U.S. government reacted coolly to allegations of its role in the Guatemalan
civil war that were strongly condemned by the report.
*In 2004, the Guatemalan Congress approved Decree 06-2004 which establishes a
national remembrance day for victims of the conflict. The "Day of Dignity" is since
commemorated every year on February 25
77
Consequence for the Perpetrators
There was very limited success in prosecuting perpetrators. Only one Guatemalan
officer has been convicted of human rights violations related to the report.
However, in 2010 additional trials began against former military officials. Three
former soldiers are accused of crimes committed in the 1982 massacre in Dos
Erres in Northern Guatemala. The commission’s final report was used in a case
filed by Rigoberta Menchú Tum against the president of Congress in Guatemala,
José Efraín Ríoas Montt and seven other militaries for their involvement in
atrocities. On July 7, 2006, a Spanish judge ordered Efrain Rios Montt and his co-
defendants to be taken into detention, and an international arrest warrant was
issued. Since 2001, the case has also been investigated by the Guatemalan
judiciary
78
what are the further developments of Guatemala
In an agreement between the United Nations and the government of
Guatemala, the International Commission against Impunity in
Guatemala (CICIG) was set up and entered into force in September
2007. The CICIG is mandated to conduct independent investigations,
present criminal complaints to Guatemala’s Public Prosecutor and take
part in criminal proceedings as a complementary prosecutor. It also
promotes legal and institutional reform and publishes periodic reports.
In 2009, a retired colonel and three former paramilitaries were
convicted for the forced disappearance of peasants during the civil war.
After a civilian was sentenced to 150 years in prison earlier in 2009,
this was the first successful prosecution of an army officer in
connection with disappearances.
79
What is REMHI
Recuperacion de la
Memoria Historica [Recovery of Historical
Memory”]
The REMHI project sought to preserve the memory of those affected
by the Guatemalan violence. REMHI compiled 6494 testimonies.
Subsequently, the project planned to help the victims by assuring that:
1. Relevant historical events should be remembered and shared
through rituals and monuments.
2. Events of importance should be discussed with the involved
communities, and lessons and conclusions should be shared.
3. The events to be discussed must not recreate previous horrors;
rather, the victims’ individual and collective identities should be
supported.
80
What are the definitions of
refugees
asylum seeker
migrant
immigrant
Refugee-someone forced to flee because war, violence,
persecution, human rights violations, given special protections
under international law
> Aslyum seeker-also seeking international legal protection due to
being forced to flee, but claim for refugee status not yet met—as
such must apply within country of destination-often done at border
crossing “just show up”
> Migrant-someone willing moving from place to place, not
necessarily because they have to, maybe for economic
reasons/work/family/other (often temporary and can return)
> Immigrant-willingly leaves country of origin to move to new
country to gain new legal status with intention to make permanent
81
Historical Context:
Customs/Border Patrol & Detention
US government largest detention system in the world. Detained for:
– Unlawful entry into US
– Deportation and removal
> 1990s: Clinton era militarization of border began
> 2011: GW Bush Dept. Homeland Security garnered support for tough policy
> 2003: ICE created in 2003 to enforce US immigration and customs laws
> 2008-2016-Obama fairly tough on immigration to bring Republicans to table
> 2017-2020: Major expansion of detention under Trump “Zero Tolerance”
> During Covid: Title 42 kept numbers down until lifted May 2023
> 2021-Present: Biden lifted Zero Tolerance and Family Separation/detention, but
in past year+ faces mounting pressure to handle crisis at border due to influx
82
What are the 3 Different Kinds of Facilities
1) CBP Processing Facilities (Customs Border
Patrol):
– where person trying to cross border initially processed
> 2) ICE Detention Centers (Immigration Customs
Enforcement):
– Where person detained when captured and do not have
appropriate documents
> 3) ORR (Office Refugee Resettlement):
– For Unaccompanied minors without legal parent alone
83
Immigration Policy since 2017
“Zero Tolerance Policy”
> Two executive orders January 25, 2017
– Immediate detention of people attempting to cross border
– No matter how significant asylum claims
– Resulted in federal govt holding more people in detention than ever before
– Average # people in detention grew by over 40%
– Compounded by separation of families also occurred 2018-2020
> Is there a “front door/line”?
– Thousands waiting to seek legal status or asylum/government not letting in
– No easy way to get legally
– Whether seeking asylum or wishing documented status
– Extremely cumbersome/lengthy processes
– No right to government appointed legal counsel in immigration court
Migrant Protection Protocols 2018
– “Remain in Mexico” policy
– Requires asylum seekers to stay in Mexico while they wait for a
court decision on their case, which can often take months or
longer
– Mostly Central Americans
– Biden ended in 2022
> Title 42-Began March 2020 & Covid-19
– Emergency order policy that expels all undocumented during a
public health crisis (back to home country or Mexico), including
asylum seekers
– Public health measure morphed into immigration enforcement
– Lifted/ended May 2023
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What is the time frame of border entry?
Law states 72 hours max, average times may be over one week+
or more
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What are Human Rights Violations/Humanitarian
Crisis
> Organizations cited concerns with management of ICE
detention centers
> Mass detention of civilians without trial
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Violations of ICE detention centers?
Violations included:
1) Food service/safety violations
2) Inappropriate segregation violations
3) Absence of recreation/outside housing violations
4) Poor sanitation/hygiene/lavatories
5) Improper provision clothing/toiletries for personal hygiene
6) Visitation violations
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UN Convention Rights of Child-Human
Rights
Ratified by 196 countries (except US-only in UN signed but never ratified)
> Freedom from arbitrary arrest/detention
> Provision of special protection to children seeking asylum
> Humane and appropriate treatment children in detention
> Guidelines re: maintaining family unity
> Endorsed by American Academy Pediatrics
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What “protection” is offered in U.S. for
Children (since US not ratified CRC), if
any?
What “protection” is offered in U.S. for
Children (since US not ratified CRC), if
any?
> Flores Settlement Agreement:
– Set minimal standards of care to protect quality of life for
detained minors (“safe & sanitary”)
– Unsuitability of detention as immigration policy for children
– Limiting time children can be held to 20 days
– Signed in 1997 Clinton
> Aug. 2019: Trump proposal to try end Flores---families detained as
long as immigration cases continue
> Desired new privatization/licensing scheme and care standards
With inspections by third-party contracted by ICE
> Sept. 2019: Proposal was blocked by federal judge
> Jan. 2021: Biden ended family detention, but CBP processing of
children still occurs and ORR (unaccompanied)
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Stress Related Health Issues of Migrant
Children
>Predisposed to toxic stress/trauma
> Chronic stress---leads to later health problems in life, such as heart
disease
> Stress-related Mental health issues/trauma
> Prior to migration/during migration/in detention
> Displacement/disruption
> Making journey alone
> Extremes temperature, injury, sleep deprivation
> Some victims of sexual assault, gang violence, political violence
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Health Effects of Overcrowding- Children
in Custody
Enter processing center-cold, windowless, lights on 24/7
> Cages/boxes “kennels” or “ice boxes”
> Physical effects hygiene/sanitation
> Increased risk infectious disease:
– Chicken pox
– Flu
– Pneumonia
– Scabies
– Lice
– Tuberculosis
> Lack of medical screenings and vaccines administered
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How Many Refugees in the World?
Today, there are 27.1 million refugees globally
An estimated 41 per cent of the world’s refugees are children
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Do refugees have protection?
Refugees have a
right to international protection
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is seeking asylum a human right?
Yes
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The 1951 Refugee Convention: Core
Principles
The core principle of the 1951 Convention is non-
refoulement, which asserts that a refugee should not
be returned to a country where they face serious
threats to their life or freedom.
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UN has ‘3 Durable Solutions’ for refugees what are they?
1. Repatriation: Return home
2. Integration: In country of first asylum
3. Resettlement: Possibly far from home
96
What are the major challenges refugees experience
housing
healthcare
employment
No amentias such as furniture, phones, car, computer, or tv
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Are Russian troops in Ukraine considered an "occupying force?" Why or why not?
Ukraine and many in the international community, including Western nations, consider Russia's actions in Crimea and parts of eastern Ukraine as an illegal occupation. The United Nations General Assembly passed a resolution affirming Ukraine's territorial integrity and condemning the Russian annexation of Crimea. However, Russia disputes this characterization, arguing that its involvement is in response to the protection of Russian-speaking populations and their right to self-determination.
98
What law primarily governs the armed conflict between Russia and Ukraine?
The armed conflict between Russia and Ukraine is primarily governed by international humanitarian law (IHL), particularly the Geneva Conventions of 1949 and their Additional Protocols. These treaties outline the rights and protections of civilians and combatants during armed conflicts.
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Are Russia and Ukraine parties to the Geneva Convention?
Both Russia and Ukraine are parties to the Geneva Conventions and their Additional Protocols, which establish the humanitarian rules of war and protections for civilians, prisoners of war, and the wounded.
100
What other key human rights instruments that relate to the conflict are Russia and Ukraine parties to?
Russia and Ukraine are also parties to various other human rights instruments, including the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR).
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What are considered "military objectives" and "civilian objects" and how are they different? Provide at least one example of each.
Military Objectives: These are objects that, by their nature, location, purpose, or use, contribute effectively to the enemy's military capability. Examples include military bases, weapon depots, and communication centers.
Civilian Objects: These are objects that are not military objectives and are, therefore, protected from direct attack. Examples include schools, hospitals, and residential areas.
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Can war crimes or crimes against humanity committed in the Russian-Ukraine war be tried before the International Criminal Court? Why or why not?
The International Criminal Court has jurisdiction over war crimes, crimes against humanity, and genocide. While Ukraine is a party to the Rome Statute (which established the ICC), Russia is not. As of my last knowledge update, the ICC does not have automatic jurisdiction over crimes committed in the Russian-Ukraine war unless the United Nations Security Council refers the situation to the ICC.
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What is IHL?
International Humanitarian Law, also known as the Law of Armed Conflict, is a set of rules and principles that regulate the conduct of armed conflicts and seek to protect those who are not, or are no longer, participating in the hostilities. IHL aims to mitigate the effects of war on civilians and combatants and is applicable during armed conflicts, whether international or non-international.
104
What is the difference between jus in bello and jus ad bellum?
Jus ad Bellum: This refers to the justification and legality of going to war. It deals with the right to use force and the reasons a state may have for initiating armed conflict.
Jus in Bello: This concerns the just conduct of war. It governs the actions and behavior of belligerents during an armed conflict, ensuring that even in war, certain principles and rules are upheld to protect civilians and combatants.
105
Does IHL govern when a State can use force? If not IHL, what does govern this?
The use of force by states is primarily governed by jus ad bellum, which encompasses principles of the United Nations Charter, such as the prohibition of the use of force except in cases of self-defense or when authorized by the United Nations Security Council.
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What are the three traditions or bodies of law that make up IHL?
Hague Law: Concerns the means and methods of warfare.
Geneva Law: Focuses on the treatment of and protection afforded to individuals, including civilians and prisoners of war.
Customary International Law: Derived from established state practices and accepted as law.
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What are the three key principles of IHL and what do they mean?
Distinction: Parties to a conflict must distinguish between civilians and combatants, as well as between civilian objects and military objectives.
Proportionality: The use of force must be proportionate to the military objective and must not result in excessive harm to civilians or civilian objects.
Humanity: The humane treatment of all persons who are not or are no longer participating in the hostilities is emphasized, and unnecessary suffering should be avoided.
108
What is an armed conflict according to IHL?
An armed conflict under IHL can be either international or non-international and involves the use of armed force between states or between governmental authorities and non-state armed groups.
109
Does IHL protect prisoners-of-war? In what ways?
IHL provides specific protections for POWs, including humane treatment, protection from violence, and respect for their dignity. The Third Geneva Convention outlines detailed provisions for the treatment of POWs.
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Describe the ways armed conflict can impact health of civilians and combatants?
Armed conflicts can have severe consequences on the health of civilians and combatants, leading to injuries, displacement, disrupted healthcare systems, and the spread of diseases. Access to medical care may be compromised, and the overall well-being of populations can be significantly affected.
111
In what ways does IHL relate to the right to health, and what kinds of things does it do to protect and promote health during armed conflicts?
IHL recognizes the right to health during armed conflicts. It mandates that the wounded and sick must be cared for, and medical personnel and facilities must be respected and protected. IHL seeks to ensure that essential healthcare services are available to all, regardless of their affiliation.
112
What protections did refugees have prior to the creation of the 1951 Convention?
Prior to the creation of the 1951 Convention, there were limited international legal frameworks specifically designed to protect refugees. However, various general human rights instruments, such as the Universal Declaration of Human Rights (1948), offered some protection. The League of Nations also addressed the issue of stateless persons in the 1920s and 1930s. However, the lack of a comprehensive international agreement led to the need for a more specific and widely accepted treaty for the protection of refugees.
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What historical events in Europe compelled the drafting of the 1951 Convention?
The drafting of the 1951 Convention was largely influenced by the aftermath of World War II and the displacement of millions of people in Europe. The Holocaust, the widespread persecution of individuals, and the forced displacement of populations highlighted the need for a legal framework to protect those seeking refuge. The 1951 Convention was initially focused on providing protection to European refugees, but later protocols expanded its scope to cover refugees worldwide.
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What was the most important difference between the 1951 and the 1967 Protocols?
The 1951 Convention initially had geographical and temporal limitations, applying only to European refugees and those displaced before January 1, 1951. The 1967 Protocol Relating to the Status of Refugees removed these limitations, making the Convention applicable to refugees worldwide and ensuring its enduring relevance. The 1967 Protocol effectively universalized the protection framework outlined in the 1951 Convention.
115
What are the primary differences between the terms "migrant," "immigrant", "refugee," and "asylum seeker?"
Migrant: A general term referring to someone who moves from one place to another, often for work, better living conditions, or other reasons.
Immigrant: A person who has moved permanently to a new country for the purpose of settlement.
Refugee: Someone forced to flee their country due to a well-founded fear of persecution, war, or violence. They are granted refugee status under international law.
Asylum Seeker: A person who has applied for asylum in another country but has not yet received a decision on their application.
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How do displacement and migration affect the health status of refugees and migrants/immigrants?
Refugees: Displacement often leads to challenges such as inadequate access to healthcare, mental health issues, exposure to infectious diseases, and malnutrition.
Migrants/Immigrants: Health challenges can arise due to factors like socioeconomic disparities, cultural differences, and limited access to healthcare services in host countries.
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How do displacement and migration limit health-system capacity to keep refugees and migrants healthy?
Refugees and Migrants: The influx of displaced populations can strain healthcare systems in host countries, leading to challenges in providing adequate and timely medical care. Issues may include overburdened facilities, shortages of medical personnel, and difficulties in addressing diverse health needs.
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What are the potential health impacts of immigration detention centers in the U.S.?
Immigration detention centers in the U.S. can have various health impacts on individuals held in these facilities, including:
Mental Health: Prolonged detention, uncertainty about one's status, and the experience of confinement can contribute to mental health issues, including anxiety, depression, and post-traumatic stress disorder (PTSD).
Physical Health: Conditions within detention centers, such as overcrowding and inadequate access to medical care, may lead to physical health problems and the spread of infectious diseases.
Trauma: Many individuals in detention may have experienced traumatic events in their home countries or during their journey to the U.S. Detention can exacerbate existing trauma and lead to additional emotional distress.
It's important to note that the specific conditions in detention centers can vary, and concerns about the well-being of individuals in detention have been raised by human rights organizations and healthcare professionals.
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What is the Flores Agreement and how does it relate to health of children in immigration detention centers?
Detention Centers:
The Flores Agreement, formally known as the Flores v. Reno settlement, is a legal settlement reached in 1997 that establishes guidelines for the detention, treatment, and release of minors in immigration custody.
Key provisions of the Flores Agreement include:
Limitations on Detention: The agreement generally limits the detention of minors to 20 days. After this period, efforts should be made to release the child to a parent, legal guardian, or an appropriate custodian.
Conditions of Detention: The agreement outlines standards for the conditions in which detained children should be held, emphasizing access to medical care, educational services, and other basic needs.
Family Unity: The agreement seeks to preserve family unity by prioritizing the release of detained minors to their parents or legal guardians whenever possible.
The Flores Agreement has been pivotal in establishing legal standards for the treatment of children in immigration detention. Its aim is to ensure that children are not held in inappropriate or harmful conditions and that their health and well-being are prioritized.
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Describe the issue of vaccine equity in relation to the Covid-19 vaccine and the work of Covax
1. Vaccine Equity:
Vaccine equity refers to the fair and just distribution of COVID-19 vaccines to ensure that all individuals, regardless of their geographical location, socioeconomic status, or other factors, have equal access to vaccines. The goal is to address global health disparities and promote the principle that everyone has the right to protection against the virus.
2. COVAX Initiative:
COVAX, or the COVID-19 Vaccines Global Access Facility, is a global initiative aimed at ensuring equitable access to COVID-19 vaccines. It is co-led by Gavi, the Vaccine Alliance, the World Health Organization (WHO), and the Coalition for Epidemic Preparedness Innovations (CEPI).
Objectives: COVAX aims to accelerate the development, production, and equitable access to COVID-19 vaccines. It facilitates the procurement and distribution of vaccines to both higher-income and lower-income countries.
Partnerships: COVAX operates through partnerships with vaccine manufacturers to secure doses and funding from wealthier countries to support vaccine access for lower-income nations.
Dose Allocation: COVAX allocates doses based on the population size of participating countries, ensuring a fair distribution to cover a proportion of their population.
3. Challenges and Issues:
Supply Chain Challenges: Limited global vaccine production capacity and supply chain disruptions have affected the timely delivery of doses to all countries.
Vaccine Nationalism: Some countries have prioritized securing doses for their own populations, leading to concerns of vaccine nationalism and hindering the global effort for equitable distribution.
Access and Distribution: Disparities in vaccine access persist, with some countries facing challenges in acquiring and distributing vaccines efficiently.
Economic Disparities: The ability of certain countries or populations to afford vaccines and invest in vaccination campaigns varies, contributing to disparities in vaccine coverage.
4. Importance of Vaccine Equity:
Public Health: Achieving widespread vaccine coverage globally is essential to controlling the spread of COVID-19 and preventing the emergence of new variants.
Economic Recovery: A globally coordinated effort toward vaccine equity is crucial for economic recovery, as the pandemic's impact extends beyond health to economic and social spheres.
Ethical Imperative: Ensuring vaccine equity aligns with ethical principles, recognizing the shared responsibility to protect vulnerable populations and promote health as a global public good.
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Human Rights & Vaccine Equity
ICESCR:
> Article 12-human right to enjoyment of “highest
attainable standard of physical and mental health”
> Article 15- every person’s human right to enjoy the
benefits of scientific progress
> Access to lifesaving technologies including vaccines,
pharmaceuticals, personal protective equipment and
diagnostics
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HISTORY OF COVAX
Global vaccine distribution project launched April 2020; first shipment in
Feb 2021 to Ghana
> High/middle countries buy in, while poorer countries free
> Funded wealthy govts and charities
> Coordination of multiple groups
– Center for Epidemic Preparedness (CEPI)
– Gavi, The Vaccine Alliance-public private partnership improves all
access vaccines
– WHO
– UNICEF
> Goal was 2 billion doses by end of 2021---DID NOT MEET IT
> Fell well short with 240 million distributed by program Sept 2021
> Closed Dec 2023 delivered nearly 2 billion goal
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THE
TRIPS WAIVER
Big Pharma/Trade Agreements/Intellectual Property
– IP issues prohibited local production
– Specifically the Trade Related Aspects of Intellectual Property law
– TRIPS Waiver----Allowing countries and pharmaceutical firms to
bypass usual rules of IP (signed Oct 2020)
– Waiver allowed WTO member states to produce/manufacture and
distribute patented vaccine in their own countries without consent
of patent owner
– Only applied to the VACCINE, not DIAGNOSTICS or
TREATMENTS/THERAPIES
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WHAT ARE PRIORITIES/SOLUTIONS FOR COVID VACCINE
EQUITY ISSUES (OR ANY VACCINE)
) Questions of PRODUCTION/DISTRIBUTION
– Formerly dominated the problem, now a bit better
– Some trade related issues remain
> 2) Questions of ABSORPTION
– How do we assist logistics? Should foreign countries
provide aid? How?
– Workforce capacity?
– Hard to reach populations?
– What is role of outside countries
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