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Blog: Gerald L. Neuman

July 6, 2020

Amicus brief challenges public health asylum limits


Gerald L. Neuman, Co-Director of the Human Rights Program, joined immigration and refugee scholars during June in an amicus brief challenging the Trump Administration’s restriction of asylum procedures during the COVID-19 crisis. The brief supports plaintiffs’ emergency motion for a temporary restraining order to halt the removal of a child fleeing targeted violence in his home country of Honduras.

The Trump administration’s order relies on a broad interpretation of the Public Health Service Act, which allows the CDC to limit the “introduction” of individuals and goods to the U.S. In reality, the CDC order is a thinly-veiled attempt to further curb immigration, only applying to noncitizens (including unaccompanied children) who arrive at the southern and northern borders without documentation. Health experts have decried the order, citing the numerous exemptions as demonstrating that its purpose is to target a disfavored category rather than to protect public health.

“The administration is abusing the CDC to create a shadow deportation system that circumvents all legal limitations on deportation,” said Neuman.

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July 1, 2020

Human Rights in a Time of Populism & COVID-19

Posted by Dana Walters

Book cover of Human Rights in a Time of Populism
Cambridge University Press, 2020.

A new volume “Human Rights in a Time of Populism” edited by Gerald L. Neuman ’80 brings together reflections from a range of experts on a growing trend in international politics since 2016, the electoral successes of right-wing populists. The Human Rights Program recently spoke with Professor Neuman about the book and how he sees the landscape changing for countries with populist leaders in the wake of the COVID-19 pandemic.

Neuman is the J. Sinclair Armstrong Professor of International, Foreign, and Comparative Law, and a Co-Director of the Human Rights Program at Harvard Law School. From 2011 to 2014, he was a member of the United Nations Human Rights Committee. The new volume is based on a 2018 HRP conference of the same name.


Human Rights Program: In 2018, you talked about the conference as providing a forum to discuss the rise of populism and its implications for international human rights. At the time, you defined populism as “a kind of politics that employs an exclusionary notion of the people—the ‘real people’—as opposed to disfavored groups that are unworthy, and whose will should not be constrained.” Does this definition still seem right to you in 2020?

Gerald L. Neuman: This “ideational” definition of populism (or exclusionary populism) still provides a useful guide to the current wave of populist threats to human rights. It comes from political science, which also offers other approaches to populism, but I find this definition identifies the salient category today. To me it has the benefit of distinguishing politicians who reject constraints from other politicians sometimes labeled populist who respect human rights, like Elizabeth Warren. However, a chapter in the book, by Douglas Johnson, [lecturer in public policy, Harvard Kennedy School], criticizes my choice and the negative view of populism that it involves. That disagreement illustrates the multifaceted character of the book.

HRP: At the conference, Peter Hall [Knapp Foundation Professor of European Studies at Harvard] spoke of how populist leaders in Western Europe preyed on an economic insecurity and a middle class fear of “being left behind.” How is this addressed in the book? Given the global economic downturn we are facing, are you worried that we may see another increase in populism across the world?

Gerald Neuman speaks into a mic seated at a panelist table with a tent card displaying his name.
(R-L) At the 2018 Human Rights in a Time of Populism conference at Harvard Law School, Gerald L. Neuman, the J. Sinclair Armstrong Professor of International, Foreign, and Comparative Law, and a co-director of the Human Rights Program at Harvard Law School, with Laurence Helfer, the Harry R. Chadwick, Sr. Professor of Law at Duke Law. Credit: Heratch Photography.
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May 14, 2020

How do you protect against indirect discrimination?

Posted by Dana Walters

HLS’s Human Rights Program convenes experts to explore the concept of indirect discrimination on the basis of religion


In 2010, France adopted a law banning full-face coverings in public. Opposed by several human rights organizations, the law was challenged quickly in the European Court of Human Rights (ECtHR) and later before the United Nations Human Rights Committee (HRC).

In bringing the cases, the applicants charged that the law discriminated against them indirectly. On the face of it, the law treated everyone the same, but it had disproportionate effects for Muslim women who wore niqabs. Notably, the ECtHr upheld the law, while the HRC found it to be a violation of human rights.

Cases like these, and differences between approaches, occupied much of the conversation at a recent Harvard Law School Human Rights Program (HRP) workshop focusing on indirect discrimination on the basis of religion.

Gerald Neuman ’80, the J. Sinclair Armstrong Professor of International, Foreign, and Comparative Law, convened the workshop on Saturday, April 18. HRP hosted the workshop in cooperation with the Harvard Law School Project on Disability, the Columbia Law School Human Rights Institute, and the Harvard Human Rights Journal.

Read the full story about the workshop on the Harvard Law Today website.

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August 31, 2015

Has the Human Rights Committee Extended its Reach?

Posted by Gerald L. Neuman

This post was originally published July 29, 2015 on Just Security

Last week the UN Human Rights Committee, the independent body created by the International Covenant on Civil and Political Rights (ICCPR) to monitor states’ compliance, issued its Concluding Observations (COBs) on the periodic reports of seven states, including Canada, France, and the United Kingdom. These most recent statements of concern and recommendations to those states may exhibit an innovation in the committee’s approach to the perennial debate over extraterritorial application of the ICCPR. They suggest a broadened understanding of the concept of “jurisdiction” that links an individual overseas to a state and triggers the state’s ICCPR obligations, although the committee has not clearly articulated or explained the change.

The COBs on France and the United Kingdom both address issues of surveillance of communication, within and outside national territory. The observations on the UK (and a March 2014 COB on the USA) seem to assume that extraterritorial communications surveillance raises privacy issues under article 17 of the Covenant, regardless of the nationality of the parties to the communication. (The COBs for France are less explicit on the latter point.) The committee therefore expresses concern about overbroad and unchecked surveillance practices, and makes a series of recommendations for reform.

If one probes the committee’s assumption that extraterritorial communications surveillance always raises privacy issues under the Covenant, the following question arises: How does the committee explain the relationship between extraterritorial surveillance of foreign nationals and the undertaking of each state party to the ICCPR “to respect and to ensure to all individuals within its territory and subject to its jurisdiction the rights recognized in the present Covenant,” as article 2(1) of the treaty provides? 

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