Americas – Page 2 – RightsViews

Extraterritorial Corporate Accountability for Transnational Human Rights Violations: SCOTUS Ruling in Nestle USA Inc. v. Doe et al

November 15, 2021November 15, 2021 by Larissa PeltolaNo Comments

By guest contributors, Priya Garg* and Krati Gupta** Consequent to an arduous legal battle spanning over more than fifteen years, the Supreme Court of the United States of America (“SCOTUS/Supreme Court”) on June 17, 2021, reversed the ruling of the U.S. Court of Appeals in Nestle USA Inc. v. Doe et al. (together with Cargill, Inc. v. Doe) (“Nestle”) that allowed the respondents, a group of Mali citizens to implicate U.S.-based multinational food corporations, Nestle USA and Cargill for child slavery allegations under the Alien Tort Statute (“ATS”). Enacted as a part of the Judiciary Act of 1789, the ATS confers jurisdiction upon the federal courts of U.S. to hear lawsuits filed by non-U.S. citizens for tortious violations of customary international law or a treaty of the United States. The claimants in Nestle were a group of Malian citizens who brought about claims under the ATS that they were trafficked to the Ivory Coast and tortured to work as child slaves...

Catastrophe in Colombia: Examining the Police Brutality in Cali

October 5, 2021October 6, 2021 by Noah SmithNo Comments

By guest contributors Dhanshitha Ravi* and Rishabh Guha** “...because here it’s easier to rain bullets than put food on tables.” - A Colombian protestor INTRODUCTION In April of 2021, Colombian conservative President Ivan Duque Marquez introduced tax reforms to bridge the fiscal deficit exacerbated by the pandemic which sparked the Paro Nacional 28A protests fueled by rampant corruption and inequality in healthcare across the country, the epicenter of which is traced to Cali. The President, an anathema to the netizens, deployed military personnel, the infamous mobile anti-riot squad (ESMAD) and labelled the peaceful protestors as 'terrorists.' Instances of police brutality were recorded leading to deaths, disappearances, and injuries using unrestrained force - violating human rights, contravening the Colombian Constitution and a multitude of international human rights conventions. BACKGROUND Firstly, in Operation Siloe, the guards used venom-system grenade launchers to fire directly into a candlelight vigil. The Popayan Court had previously ordered that such launchers firing non-lethal armaments like teargas must not be fired directly into...

Examining the Legal Implications and Ramifications of the New Bounty-Hunting Texas Abortion Law

October 4, 2021October 3, 2021 by Larissa PeltolaNo Comments

By guest contributor Astha Bhattacharya* Despite a new era of pro-choice feminism overtaking the globe, Texas has passed Senate Bill No. 8, instituting one of the world's most stringent abortion bans. The bill, dubbed the "fetal heartbeat bill," outlaws all abortions after the "first detectable heartbeat." In this piece, I'll take a two-pronged approach to the legislation. First, I'll go over the scientific and medical challenges that the law presents. Then I'll show how the law infringes on women and their globally recognized human and reproductive rights, primarily targeting certain groups of women. SCIENTIFIC PERSPECTIVE Science can't say with certainty when an embryo becomes a "human being." Researchers have recognized up to five distinct developmental stages, any of which could be a viable starting place for human life. The fourth step, which is viability, is clearly ascertainable. The point at which a fetus can successfully survive outside of the uterus with medical assistance is known as viability. This is the stage that the...

The U.S.-EU Summit: Next Steps for Human Rights

July 14, 2021July 18, 2021 by Anna Miller1 Comment

By Ali Cain, RightsViews staff writer. President Biden’s summit with European leaders on June 15, 2021, was an important step in rebuilding the United States-European alliance. Contrary to former President Trump’s belief that the European Union (EU) is a ‘foe,’ Europe remains one of the United States most important allies, especially in promoting human rights and democratization. Biden’s statement that “Europe is our natural partner…we are committed to the same democratic norms and institutions, and they are increasingly under attack” summarizes why the U.S. and Europe must persist in using their shared values as a platform for cooperation. Despite the summit’s optimism, many challenges lie ahead in a renewed transatlantic relationship, especially in promoting human rights. The COVID-19 pandemic remains the most pressing issue for all countries. However, geopolitical concerns present the largest obstacle to an effective transatlantic response to human rights abuses. The U.S. and EU face a combative China that utilizes investments, technology, and trade as successful foreign policy carrots...

In a Win For Trans Rights, Supreme Court Declines to Hear Appeal Challenging Landmark Ruling

July 10, 2021July 10, 2021 by Anna MillerNo Comments

By Susy Prochazka, RightsViews staff writer. On the 52nd anniversary of the start of the Stonewall uprising, advocates of LGBTQ rights scored a major victory when the Supreme Court declined to hear an appeal challenging a landmark trans rights ruling. On Monday, June 28th, 2021, the U.S. Supreme Court declined to hear an appeal to a 4th U.S. Circuit Court of Appeals ruling that required a Virginia public high school to let a transgender student use the bathroom corresponding with his gender identity. The Supreme Court’s decision represents a major victory for trans rights advocates amidst the flurry of anti-trans policies targeting trans youth that have emerged across the U.S. this past year. This case began in 2015 when Gavin Grimm, a then-16 year old transgender high school student, sued his public high school over a policy that prevented him from using the boys restroom. Beginning in his freshman year in high school, Grimm identified as male and started taking hormones. But...

Environmental Justice for All in Gowanus, Brooklyn

July 6, 2021July 6, 2021 by Anna MillerNo Comments

By Lindsey Alpaugh, RightsViews staff writer. Gowanus became one of the most sought-after neighborhoods in New York City in the 2010s, famous for its Whole Foods, art scene, and the canal. The Gowanus canal is a historic industrial site, hosting a combination of toxic chemicals and CSOs (Combined Sewage Outflows). The chemical and industrial pollution was so bad that in 2010, the Gowanus Canal was designated as a Federal Superfund site by the U.S. Environmental Protection Agency (EPA). This designation began a $500 million clean-up effort, which involved dredging contaminated sediment from the canal. Despite these environmental hazards, the neighborhood experienced an influx of wealthier new residents. From 2000 to 2013, the average home value in Gowanus increased 145.78%. What does environmental justice look like in a gentrifying, formerly industrial neighborhood that sits in a flood zone and is home to one of the most toxic waterways in the United States? The Gowanus canal first became an industrial zone by the mid 19th...

What the Storming of the U.S. Capitol tells us about Contemporary Human Rights

June 15, 2021 by Larissa PeltolaNo Comments

By: Noah Smith, RightsViews Staff Writer January 6, 2021, will live in infamy as the day American citizens defiled the United States Capitol. A day in which violent insurrectionists brandished the Confederate flag in the Capitol’s hallowed halls, sacked the empty Senate chamber, attacked and killed Capitol Police officers, and called for former Vice President Mike Pence’s execution. All in a miscarried attempt to forcibly overturn the results of the 2020 United States presidential election. Five people died and more than 140 were injured. The atrocities of January 6, 2021, will leave an indelible scar on the conscience of our nation, reminding us all that democracy is fragile and human rights even more so. In the aftermath of the Capitol attack, prominent conservative voices largely downplayed its severity. Matt Gaetz (R-Fla.) expressed his anger at the perpetrators just hours after the attack, stating “some of the people who breached the Capitol today were not Trump supporters. They were masquerading as Trump supporters and...

SCOTUS Set to Abort Roe v. Wade?

June 14, 2021 by Anna MillerNo Comments

By guest contributor Apurva Ambasth, an undergraduate student of B.A.LL.B.(Hons.) at NUSRL, Ranchi, India. The announcement of the Supreme Court on May 17, 2021 to take up the case of Dobbs v. Jackson Women’s Health Organization caused quite a stir. The case deals with the constitutionality of the Gestational Age Act, the 2018 Mississippi law that bans abortions after 15 weeks of pregnancy. The Court has stated that it would be dealing with the issue “whether all pre-viability prohibitions on elective abortions are unconstitutional?” The hearing of the case would commence in October and the Court is likely to deliver a judgment by spring 2022. This move is a direct, lethal threat to the landmark judgment of Roe v. Wade which guarantees the constitutional right to abortion throughout the United States. The District Court of Mississippi and the Court of Appeals for the 5th Circuit both being bound by the precedent held that states cannot ban abortions before the fetus becomes viable,...

Rerouted, Rerooted: Oral Histories of Syrian-Armenian Refugees

April 24, 2021April 24, 2021 by Larissa PeltolaNo Comments

By Larissa Peltola, Editor, RightsViews. The Armenian Genocide, which took place 106 years ago, today, claimed the lives of an estimated 1.5 million Armenians. While people around the world are now more aware of what occurred in 1915, following a global push for recognition of the genocide, few are aware of the lasting implications of the genocide which have carried on to this day. HRSMA alumna Anoush Baghdassarian (‘19) and Pomona College graduate Ani Schug (‘17) have undertaken the important and necessary work of collecting the oral histories of Syrian-Armenian refugees - the descendants of genocide survivors - to keep the memories of those who have perished alive. What was the Armenian Genocide? Raphael Lemkin, the Polish-Jewish lawyer who coined the term genocide, was moved to do so after hearing about the systematic annihilation of Armenians in the Ottoman Empire in 1915. Before WWI, Armenians - in what is now Turkey - totaled over two million. But by 1922, there were fewer than...

The Neoliberalization of Academia: Why the Columbia University Graduate Workers Strike is a Human Rights Imperative

March 31, 2021 by Anna MillerNo Comments

By Noah Smith, RightsViews staff writer and a graduate student in the human rights MA program. The opinions expressed in this article are Noah’s own and are not representative of the Institute for the Study of Human Rights (ISHR) or Columbia University. Thousands of graduate students and student workers at Columbia University began striking on March 15, 2021 after many stalled negotiations with school administrators. A strong majority of student workers, 96%, voted yes to authorize a strike and with a deadline of March 15, 2021. The Graduate Workers of Columbia University (GWC) and all those in solidarity call on the university to agree to a fair contract. According to GWC bargaining committee members, the strike is a last resort after years of unsuccessful negotiations with university representatives, and assert that withholding their labor is the final means of forcing the university to recognize their demands. Columbia University has had a long and tumultuous history in regards to treating graduate workers as employees....