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October 16, 2018
Salma Waheedi, Clinical Instructor and Lecturer on Law at the International Human Rights Clinic and Associate Director of the Islamic Legal Studies Program: Law and Social Change, has co-authored an article in the Harvard Journal of Law and Gender with Kristen A. Stilt, Professor of Law and Director of the Islamic Legal Studies Program, and Swathi Gandhavadi Griffin, practicing attorney. The article, “Ambitions of Muslim Family Law Reform,” examines Islamic legal arguments and strategies used to support family law reform.
The co-authors state:
“Family law in Muslim-majority countries has undergone tremendous change over the past century, and this process continues today with both intensity and controversy. In general, this change has been considered “reform,” defined loosely as the amendment of existing family laws that are based on or justified by Islamic legal rules in an effort to improve the rights of women and children. Advocates seeking to reform family law typically make legal arguments grounded in Islamic law, thus explicitly or implicitly conceding the Islamic characterization of family law. This ‘reform from within’ approach has grown in recent years and the legal arguments have become more ambitious as women’s groups have become more involved and vocal.”
The article identifies and examines the landscape of legal arguments that are used and are needed to support change and analyzes the ambitious, possibilities, and limitations of reform in Muslim family law today.
October 12, 2018
Posted by Bonnie Docherty
Humanitarian disarmament has become a highly effective and firmly established means of dealing with arms-induced human suffering. This year, it has celebrated many milestones that highlight its achievements. These milestones have also generated forward-looking discussions about how civil society campaigns can best work together to advance humanitarian disarmament’s overarching aim.
In March, Harvard Law School’s Armed Conflict and Civilian Protection Initiative (ACCPI) assembled 25 humanitarian disarmament leaders from around the world for a two-day conference in which they could reflect on the state of the field and strategize about its future. The ACCPI has produced a summary of the conference and its conclusions in a new 27-page report Humanitarian Disarmament: The Way Ahead. It has also launched the website humanitariandisarmament.com, which will serve experts and the public alike.
Humanitarian disarmament seeks to prevent and remediate harm caused by arms and related activities through the establishment of norms. It is a people-centered approach, driven by civil society campaigns, that focuses on human rather than national security.
The past twelve months have marked several key anniversaries for humanitarian disarmament including the twentieth anniversary of the Mine Ban Treaty, the tenth of the Convention on Cluster Munitions, the fifth of the Arms Trade Treaty, and the first of the Treaty on the Prohibition of Nuclear Weapons. Campaigns to address other issues, including fully autonomous weapons, the use of explosive weapons with wide area effects in populated areas, and toxic remnants of war, are underway.
As the summary explains in more detail, conference participants identified three primary goals for the next five years of humanitarian disarmament. They agreed their community should strive to increase its diversity and inclusion, collaborate more efficiently and effectively, and take steps to ensure sustainability and foster a new generation of advocates.
To achieve these goals, participants recommended prioritizing the development of shared messaging, education about the concept of humanitarian disarmament, expansion of the community and its supporters, cross-campaign collaboration, and maximization of limited resources.
The ACCPI created the humanitariandisarmament.org website in response to several of these priorities. The website is designed to increase awareness and improve understanding of humanitarian disarmament. It will also facilitate coordination across campaigns by serving as a hub of information on the topic.
The ACCPI plans to continue its support of humanitarian disarmament by advocating on behalf of the campaigns, cultivating the next generation of leaders, and promoting innovation within the community of practice.
October 2, 2018
New Book: Human Rights, Democracy, and Legitimacy in a World of Disorder, Edited by Gerald L. Neuman and Silja Voeneky
Gerald L. Neuman, HRP Co-Director and J. Sinclair Armstrong Professor of International, Foreign, and Comparative Law and Silja Voeneky, Co-Director of the Institute for Public Law and Professor of Public International Law, Comparative Law and Ethics of Law at the University of Freiburg and former Visiting Fellow at HRP, have published a new edited volume, Human Rights, Democracy, and Legitimacy in a World of Disorder (Cambridge University Press). The book examines how and why the concepts of human rights, democracy, and legitimacy matter in the conditions of international disorder brought about by the 21st century.
Building from an interdisciplinary symposium organized by Professor Voeneky for HRP in 2016, authors’ perspectives draw from philosophy, history, and legal theory. Their contributions explore the role of human rights, democracy, and legitimacy in addressing such problems as economic inequality, access to health care, mass migration, and the catastrophic risks posed by new technologies.
“Which conceptions of rights can help us find legitimate solutions to the new challenges that social and technological change are raising? That is the urgent question that we gathered to debate,” said Neuman.
Professor Neuman authored a chapter on “Human Rights, Treaties, and International Legitimacy,” and HRP Co-Director and Clinical Professor of Law Tyler R. Giannini contributed a chapter on, “Political Legitimacy and Private Governance of Human Rights: Community-Business Social Contracts and Constitutional Moments,” which examines how to maximize human rights protection in situations where a functioning State is largely absent.
Additional contributions come from notable academics, such as Samuel Moyn, Professor of Law and History at Yale University; I. Glenn Cohen, James A. Attwood and Leslie Williams Professor of Law at HLS; Matthias Risse, Professor of Public Policy and Philosophy at the Harvard Kennedy School; and Iris Goldner Lang, Jean Monnet Professor of EU Law and UNESCO Chair on Free Movement of People, Migration and Inter-cultural Dialogue at the University of Zagreb Faculty of Law.
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