Access to Justice for Women
October 2015
Rape and other forms of sexual violence are common features of the social upheaval and mass violence that has marred post-independence India. This report examines efforts in Punjab, Jammu & Kashmir, Gujarat, and Odisha by women victims of sexual violence to access justice and the response by India to their efforts. Based on this analysis and applicable international standards, the report makes specific recommendation for actions by the Indian state to address common institutional weaknesses.
READ THE REPORT HERE
READ ABOUT THE STUDENTS’ WORK HERE
READ THE DAILY CAL ARTICLE HERE
Accountability & International Financial Institutions
March 2017
The World Bank Group created the Office of the Compliance Advisor Ombudsman (CAO) in 1999 to ensure that development projects financed by its private-sector lending arm are environmentally and socially sound. The report uses quantitative and qualitative methods to offer an empirical view of how CAO works, what factors influence its approach and outcomes, and when communities believe it is effective and fair.
After the Tsunami: Human Rights of Vulnerable Populations
October 2005
Based on interviews conducted with tsunami survivors, government officials, human rights activists, and aid workers in five tsunami-affected countries, this report finds survivors continued to suffer inequities in aid distribution, human rights abuses, and the inability to have input into reconstruction planning and policy, and recommends concrete steps to address these issues.
Amicus to Supreme Court on Alien Tort Claims Act and Justice for Victims
February 2004
This amicus curiae brief argues that the Alien Tort Claims Act is a critical tool for victims in their pursuit of justice.
Barriers to Access to Safe and Affordable Water for Disadvantaged Communities in California
April 2015
This shadow report highlights the disproportionate burden shouldered by disadvantaged communities in California, particularly communities of color, and recommend steps the United States can take ensure all its residents enjoy the human right to water.
Cambodia’s Search for Justice
February 2009
This paper reviews the development of the Extraordinary Chambers in the Courts of Cambodia (ECCC) and analyzes problems it faces in prosecuting leaders of the Khmer Rouge for serious crimes committed under their regime (1975-1979). It concludes that the “success of the ECCC experiment will be determined largely by how the Cambodian people and Cambodian institutions respond to the tribunal”.
Comments on the ICC Draft Policy Paper on Sexual and Gender-Based Crimes
February 2014
This commentary offers suggestions to strengthen the commitment of the Prosecutor of the International Criminal Court to adopting a gender-inclusive approach to its investigations, charging, prosecutions, and sentencing by identifying how the Prosecutor can operationalize examining the intersections between gender and other identities in understanding and responding to sexual and gender based crimes in conflict situations.
Comparative Analysis of the Practice of Precautionary Measures
December 2012
This report analyzes the international legal framework regarding precautionary measures and compares the standards and practices of the Inter-American Commission on Human Rights to those of other human rights bodies.
Comparative Country Studies re: Truth, Justice, and Reparations
April 2014
This working paper examines transitional justice initiatives undertaken in Brazil, Chile, and Guatemala to address the widespread human rights abuses perpetrated during the military dictatorships in those countries and compares these initiatives to truth seeking mechanisms in India as part of the effort to advance redress for human rights violations committed in areas that have experienced internal armed conflict or mass social unrest in the country. This working paper should be considered together with its companion piece, The Right to a Remedy for Enforced Disappearances in India.
Crime Victims’ Rights Litigation
October 2015
Through this litigation, Clinic clients became the first victims to be recognized as crime victims of a drug conspiracy and to be heard in a U.S. court regarding the harms they had suffered as a result of crimes committed by a Colombian drug lord and paramilitary leader.
READ THE SENTENCING BRIEF HERE
READ MORE ABOUT THE CASE HERE
Diario Militar: Guatemalan Military Death Squad Case
November 2012
The Inter-American Court of Human Right’s judgment in this case awarded $8 million dollars in damages to the families of 27 of the 183 “disappeared” Guatemalan citizens listed in the Diario Militar (Death Squad Diary). The court’s decision found that the upper echelons of the Guatemalan military conspired with politicians and police to target and eliminate the victims due to their perceived political and social views and it ordered Guatemala to carry out a number of other measures of redress and reparation.
READ THE COURT’S DECISION HERE
READ ABOUT THE STUDENT’S WORK HERE
READ MORE ABOUT THE DIARY HERE
READ NEWS ABOUT THE CASE HERE
Do No Harm? Intelligence Ethics, Health Professionals, and the Torture Debate
Spring 2010
This webpage offers a variety of resources to help the public explore the roles that health professionals have played in the interrogation of detainees taken into U.S. custody since 9/11 and join a national debate about health ethics and torture.
DREAMers at Cal
May 2015
Based on interviews and surveys conducted with undocumented students at U.C. Berkeley, this report explores how undocumented immigration status has impacted students’ path to higher education, their university experience, and their plans for the future. It outlines recommendations to federal, state, and university officials seeking to support the success of undocumented students in higher education.
READ THE REPORT HERE
READ ABOUT THE STUDENTS’ WORK HERE
READ DAVENPORT AND BIRGENEAU’S BLOG POST HERE
Elusive Justice: Pursuing Legal Redress in the United States and Mexico for Killings by U.S. Border Agents
August 2015
Since the 1990s, officers with the United States’ largest law enforcement agency, Customs and Border Protection, have killed at least forty people near the U.S.-Mexico border, including minors, people shot in the back or in fleeing vehicles, and U.S. citizens. This working paper finds that no agent has been held accountable in a criminal or civil court of law for a killing and identifies the legal doctrines that hinder accountability.
Freedom Denied: Forced Labor in California
February 2005
This report illuminates the scope of the problem of forced labor in California, and makes recommendations aimed at strengthening accountability measures for labor traffickers and providing redress to victims of forced labor.
Gender Parity in International Judicial and Monitoring Bodies: GQUAL Campaign
October 2017
Women are underrepresented in virtually every international body responsible for adjudicating, monitoring, and developing international law. This working paper analyzes the extent to which international human rights law and standards support the GQUAL Campaign’s call for States to pledge to achieve gender parity on international courts and monitoring bodies.
Guantánamo and Its Aftermath
November 2008
This two-year systematic study of Guantánamo detainees develops a factual record of the long-term impact of U.S. detention practices on detainees during their confinement at the Guantánamo Bay facility and after their release from U.S. custody; assesses the perception of detainees on how their incarceration has affected their families and communities; and recommends appropriate U.S. government policies.
Hidden Slaves: Forced Labor in the United States
September 2004
This study measures forced labor in the United States and its human costs, examines the nature of the U.S. legal response, and identifies best practices that promote the eradication of forced labor.
Honouring the Truth, Reconciling for the Future
2015
This legal research and analyses was provided to Canada’s Truth and Reconciliation Commission which was established to address the legacy of the church- and state-sponsored residential school system for aboriginal children.
READ ABOUT THE COMMISSION’S REPORT HERE
READ ABOUT THE STUDENTS’ WORK HERE
Human Right to Water Bill in California
May 2013
This report outlines a framework for implementation of California’s Human Right to Water law, which declares that all residents of the state have a right to safe, clean, affordable, and accessible water. The report calls on state agencies to address water challenges affecting diverse populations and identifies human rights principles—such as non-discrimination, public participation, and accountability—that should guide their efforts.
Human Rights at Home
November 2007
This paper discusses the advantages of using international human rights institutions, standards, and advocacy techniques to improve conditions in unincorporated communities located in California’s San Joaquin Valley.
Human Rights Without Support of the Concerned State: A Comparative Analysis of Successive Human Rights Council Mechanisms Established for Burundi and Myanmar
November 2020
This working paper compares Burundi and Myanmar as case studies of instances in which the UN Human Rights Council has established fact-finding missions and commissions of inquiry without the cooperation of the country in question. This analysis assists stakeholders that seek to establish HRC mechanisms to promote accountability for gross human rights violations over the objections of the state in question such as Sri Lanka, or in other similar contexts.
In the Child’s Best Interests?
March 2010
This policy brief finds that the United States has deported the lawful immigrant parents of nearly 88,000 citizen children in just a decade. The forced removal of lawful permanent resident parents (or green card holders) convicted of relatively minor crimes can lead to psychological harm, behavioral changes, and disruptions in the health and education of tens of thousands of citizen children.
Inter-American Court of Human Rights Judgment in Yean and Bosico v. Dominican Republic
September 2005
This lawsuit resulted in a historic ruling by the Inter-American Court of Human Rights that finds the Dominican Republic had discriminatorily denied Haitian parents birth certificates for their Dominican-born children and prevent these children from attending public school, getting married, owning property or voting.
The court ordered the Dominican government to recognize the nationality of the clinic’s clients and issue birth certificates to all children born in the Dominican Republic without discrimination.
READ THE COURT’S DECISION HERE
READ ABOUT THE STUDENTS’ WORK HERE
Justice, Accountability and Social Reconstruction
May 2000
This report examines the attitudes of Bosnian judges and prosecutors toward the International Criminal Tribunal for the former Yugoslavia and domestic war crimes trials.
Killings by U.S. Border Agents Litigation
March 2016
This complaint alleges that the United States is responsible for torturing and killing Anastasio Hernández Rojas, a Mexican national and father of five, and failing to effectively investigate and prosecute the state agents responsible.
Left Out: Assessing the Rights of Migrant Domestic Workers in the United States, Seeking Alternatives
November 2003
This paper provides a comprehensive normative analysis of federal law regarding immigration and trafficking, as well as of federal, California, and local law on labor and employment, in order to identify gaps in protections for domestic workers. It also surveys strategies utilized by cities, countries, and international organizations to address the human rights struggles of domestic workers.
The Long Road: Accountability for Sexual Violence in Conflict and Post-Conflict Settings
2015
This study addresses the reporting, investigation, and prosecution of sexual violence in post-conflict settings and offers analysis of international crimes of sexual violence and recommendations to government, law enforcement and civil society actors to better protect the human rights of victims of sexual violence.
Memorandum on Sri Lanka National AIDS Prevention Project
April 2002
This paper sets forth a human rights-based proposal to provide HIV medicines in Sri Lanka on behalf of the AIDS Coalition for Care, Education, and Support Services, a Sri Lankan non-governmental organization. The brief was submitted to the Sri Lankan Ministry of Health and the World Bank in the context of a pending funding proposal from Sri Lanka before the international financial institution.
Non-Typical Forms of Torture and Ill-Treatment
July 2018
This working paper addresses “non-typical” forms of torture and ill-treatment—i.e., those forms that are non-violent, non-physical, or psychological. These are elusive to identify due to misconceptions of what the prohibition protects. To address this gap, this working paper analyzes non-typical forms of torture and ill-treatment in international case law, identifying patterns in the jurisprudence. Thus, this working paper focuses on jurisprudence at the outer border of the prohibition against torture and ill-treatment. In so doing, it draws attention to a broader range of ways in which State action or inaction, whether deliberate or negligent, inflicts illegal suffering.
Promoting Accountability for Conflict-Related Sexual Violence against Men
July 2013
This working paper reviews relevant international laws on accountability for sexual violence and concludes that international criminal justice offers the best prospects of redress, but that this potential has been seriously underutilized. Using Uganda as a case study, the paper lays the groundwork upon which to generate a legal reform agenda internationally.
READ THE REPORT HERE
READ ABOUT THE STUDENTS’ WORK HERE
SEE VIDEO ABOUT THE CONFERENCE HERE
Protecting People and the Planet
July 2013
This report calls on nations to address the human rights impacts of climate change policy. The report highlights the unintended consequences of climate change policies, and recommends that states adopt a program for action to develop policies that incorporate international human rights standards.
Racial Discrimination and Access to Safe, Affordable Water for Communities of Color in California
August 2014
This shadow report highlights the disproportionate burden shouldered by disadvantaged communities in California, particularly communities of color, and recommend steps the United States can take ensure all its residents enjoy the human right to water.
Rebuilding after Katrina
June 2006
This report confirms anecdotal evidence that undocumented workers were being abused as they provided critical help to rebuild New Orleans after hurricane Katrina. The study documents the vulnerability of undocumented workers, including reduced access to health care, wage discrepancy, and unsafe working conditions.
Report of the Global Consultation on the Application of Women’s Human Rights Framework
October 2010
This report summarizes the most pressing issues advocates raised during a global consultation convened by the International Women’s Rights Action Watch (IWRAW) — Asia Pacific and hosted by Women and Media Collective in Colombo, Sri Lanka on the issue of women and conflict.
Report on Asylum Seekers in Expedited Removal
February 2005
This award-winning multidisciplinary project examines the effects of expedited removal on people seeking asylum in the United States.
READ THE REPORT’S FINDINGS & RECOMMENDATIONS HERE
READ THE EXPERT REPORTS HERE
READ ABOUT THE STUDENTS’ WORK HERE
Returning Home: Resettlement and Reintegration of Detainees Released from Guantánamo
March 2009
This policy paper recommends that the United States promote programs to assist former detainees released from the U.S. detention facility in Guantánamo Bay, Cuba, to reintegrate into their communities. These programs should be an integral part of any comprehensive plan to close the camp.
The Right to a Remedy for Enforced Disappearances in India
April 2014
This working paper reviews the international legal framework applicable to India’s obligations to ensure the right to a remedy for enforced disappearances and other gross human rights violations. It evaluates India’s domestic law in light of the country’s international obligations, identifies gaps, and recommends law reforms. This working paper should be considered together with its companion piece, Comparative Country Studies Regarding Truth, Justice, and Reparations for Gross Human Rights Violations.
Rights Eroded: the Effects of Closing Space on Women Human Rights Defenders
December 2017
This briefing report highlights the unique experiences of women and LGBTQI* human rights defenders who are both impacted by and creatively resist the growing “closing space” phenomenon created by governments that impose restrictive laws, policies, and practices intended to impede the vital work of these groups. Drawing upon their experiences as well as an analysis of domestic and international laws, the report offers practical policy recommendations intended to address the effects of closing space on women and LGBTQI* human rights defenders.
READ THE REPORT HERE
READ BERKELEY LAW ARTICLE HERE
READ INTERNATIONAL LAW GRRLS POST HERE
READ ABOUT STUDENTS’ WORK HERE
Safety after Slavery: Protecting Victims of Human Trafficking
April 2004
This paper sets forth the legal framework for transnational prosecutions of Mexican human traffickers, protection measures available to survivors in Mexico and the United States, as well as international models for protecting victim of this illicit trade.
READ THE RESEARCH PAPER HERE
READ THE CONFERENCE REPORT HERE
Sexual Diversity in El Salvador: A Report on the Human Rights Situation of the LGBT Community
July 2012
This report—based on extensive legal research and in-depth interviews with government officials, advocates, and affected individuals—provides an in-depth look at the abuse and discrimination perpetrated against LGBT individuals in El Salvador and the precarious legal protections they are currently afforded. It includes recommendations for policy reform, administrative action, and training and awareness to address the prevalence of violence, impunity, and inequality.
Sexual Exploitation and Abuse in Peacekeeping Operations
September 2017
This report focuses on the widespread and enduring problem of sexual exploitation and abuse by peacekeepers and other personnel associated with peacekeeping operations. In particular, it addresses the question of “What happens to the victims?” through a discussion of the rights of victims of sexual exploitation and their access to reparation, support and assistance.
Shadow Report on U.S. Compliance with CAT with Respect to Guantánamo Detainees
November 2014
Submitted in conjunction with the 2014 U.N. review of U.S. Compliance with the Convention against Torture, this shadow report documents the cumulative effect of indefinite detention and abuse experienced by some Guantánamo detainees; provides data about the economic, psychological, physical, and social harm former detainees have suffered as a result of their detention; and recommends that the U.S. government compensate former detainees for their ill-treatment.
Truth Behind Bars: Colombian Paramilitary Leaders in U.S. Custody
February 2010
This report calls on the United States to reform its policies and practices regarding the prosecutions of extradited Colombian warlords to better support Colombia’s efforts to hold these paramilitaries accountable for mass atrocities. Federal prosecutors are pursuing drug-related charges against thirty former paramilitary fighters, including individuals implicated in terrorizing and killing thousands of innocent civilians.
Unwelcome Guests: A Study of Expulsions of Haitians and Dominicans of Haitian Descent
2002
This unique, interdisciplinary study utilizes demographic data as well as interviews to identify patterns in the forced migration and experiences of Haitians and Dominicans of Haitian descent. The study indicates that those leaving the country are not afforded due process and frequently suffer abuses at the hands of government officials, and makes recommendations to improve the migration system.
The Victims’ Court?: A Study of 622 Victim Participants at the International Criminal Court
2015
This report examines the experience of 622 victim participants to formulate recommendations about the ICC should reform its practices and better manage and meet victim expectations.
READ THE REPORT HERE
READ ABOUT THE STUDENTS’ CONTRIBUTION HERE
Victims’ Right to Remedy: Awarding Meaningful Reparations at the ECCC
November 2011
This report urges Cambodia’s U.N.-backed tribunal to comply with international criminal justice practice and grant reparations to victims of the brutal Khmer Rouge regime.
READ THE REPORT HERE
READ THE PRESS RELEASE HERE
READ ABOUT THE STUDENTS’ WORK HERE
When Disaster Strikes: A Human Rights Analysis of the 2005 Gulf Coast Hurricanes
June 2006
This shadow report analyzes highlights how the government’s failure to incorporate human rights protections in natural disaster preparedness, response and recovery has affected the human rights of low-income African American and immigrant communities.
Working Below the Line: How the Subminimum Wage for Tipped Restaurant Workers Violates International Human Rights Standards
December 2015
Federal law allows employers to pay workers who earn tips a sub-minimum wage of $2.13 an hour, creating a two-tiered wage system. This report analyzes how this wage structure violates the human rights of tipped workers in the restaurant industry, including their right to an adequate standard of living and their right to health. Sub-minimum wages also increase the vulnerability of workers to discrimination based on their gender and race. The report recommends federal and state legal and policy reforms.
READ THE REPORT HERE
READ THE EXECUTIVE SUMMARY HERE
READ ABOUT THE STUDENTS’ WORK HERE
READ THE WASHINGTON POST ARTICLE HERE
Working Papers on the Use of Cyber Evidence in International Criminal Tribunals
October 2013
These papers examine the use of cyber evidence in international criminal tribunals, the federal statute that regulates U.S. cooperation with the ICC, and technological and legal considerations for collecting evidence in cyber investigations.
READ THE PAPER ON CYBEREVIDENCE HERE
READ THE PAPER ON THE FEDERAL STATUTE HERE
READ THE PAPER ON EVIDENCE COLLECTION HERE
READ ABOUT THE STUDENTS’ WORK HERE