Human Rights

In recent decades, legislative bodies throughout North America and Europe have enacted sweeping laws to protect racial and ethnic minorities, women, the disabled and other groups who are victimized by discrimination. Perhaps not surprisingly, these efforts have encountered resistance—oftentimes successful—leaving anti-discrimination scholars and activists to ponder new strategies for dealing with an age-old problem. On May 6 and 7, a group of these interested scholars from the U.S., Canada and Europe participated in a Harvard Law School workshop that analyzed the recent evolution of anti-discrimination law on both continents.

During Class Day exercises on May 25, Sarah Min ’11 received the inaugural William J. Stuntz Memorial Award for Justice, Human Dignity and Compassion, which recognizes a graduating student who has demonstrated an exemplary commitment to these principles while at Harvard Law School.

In 2006, a series of coordinated uprisings in 74 detention centers and attacks on police stations and public buildings left 43 state officials and hundreds of civilians dead and brought São Paulo—South America’s largest city and financial capital—to a standstill. Harvard Law School’s International Human Rights Clinic and the leading Brazilian human rights group Justiça Global have now released a comprehensive study of the attacks.

It is imperative that governments uphold their obligation to ban cluster munitions absolutely, which is laid out in a treaty that more than 100 countries have joined, said a panel of disarmament experts in an HLS talk last week. Sponsored by the Harvard Law School Forum and the Harvard Human Rights Program, the panel described how the Convention on Cluster Munitions (CCM) was formed, and the challenges its advocates are facing despite its progress thus far.

Lobsang Sangay LL.M. '96 S.J.D. '04, the first Tibetan to attend Harvard Law School, has been certified as the new Kalon Tripa—a position often referred to as "prime minister" of a "Tibetan government-in-exile" headed by the Dalai Lama—following elections in March.

Last month, Joseph G. Phillips ’12 and Joanne Box LL.M. ’11, students in the HLS International Human Rights Clinic (IHRC), attended a U.N. disarmament conference, where they met with diplomats to urge adoption of stronger international laws regarding the use of incendiary weapons. The students worked under the supervision of HLS Lecturer on Law and Clinical Instructor Bonnie Docherty ’01, who is one of the country’s leading legal experts on cluster munitions and has expanded her work to other disarmament issues, including incendiary weapons.

Speaking to students at a lecture sponsored by the Harvard Law School Advocates for Human Rights on March 9, Nobel Peace Prize nominee Dr. Gene Sharp discussed various elements of an effective nonviolent struggle and addressed the recent demonstrations in the Middle East in light of his research.

The following op-ed by HLS Professor Alan Dershowitz “Norway to Jews: You’re Not Welcome Here,” appeared in the March 29, 2011 edition of the Wall Street Journal. He is the author of numerous books, including “The Trials of Zion,” “The Case for Moral Clarity: Israel, Hamas and Gaza,” and “Finding, Framing, and Hanging Jefferson: A Lost Letter, a Remarkable Discovery, and Freedom of Speech in an Age of Terrorism.”

In a Mar. 8 talk sponsored by the Human Rights Program at Harvard Law School, Paul Hoffman, a leading litigator of claims brought under the Alien Tort Statute, offered a look at the history of lawsuits against corporations for their complicity in human rights violations—and a glimpse of some possible future developments.

When HLS Professor Clinical Professor Jim Cavallaro decided there should be "a structured means of studying the broad jurisprudence and practice of the Inter-American system,” he and Stephanie Brewer ’07 created an on-site course in San José, Costa Rica where students can learn the law on the ground from judges, practitioners and stakeholders in the system. This January, the 20 students enrolled in “Doctrine and Practice of the Inter-American Human Rights System” came away with a deeper understanding of that system—plus an immersion in the world of human rights adjudication.

An emergency petition campaign spearheaded by Harvard Law School graduate Rebecca Sharpless ’94 and five human rights organizations has prompted the Inter-American Commission on Human Rights to urge the U.S. government to halt deportations to Haiti of Haitian citizens who are seriously ill or who have family ties in the U.S.

Philip Alston, Harvard Law School’s Sidley Austin Visiting Professor of Law, received an honorary doctorate from Maastricht University in the Netherlands on Jan. 20 as part of the university’s 35th anniversary celebration.

Top practitioners, heads of state, academics, and theoreticians in international development came together with more than 200 students and community members for “Rebuilding After the Storm: The Role of Law in Development Post Natural Disasters,” the HLS Law & International Development Society’s inaugural symposium, held on Nov. 19, 2010.

In his essays, Samuel Moyn considers topics such as human rights and the Holocaust, international courts, and liberal internationalism. Skeptical of humanitarian justifications for intervention, he writes,“[H]uman rights history should turn away from ransacking the past as if it provided good support for the astonishingly specific international movement of the last few decades.”

Tyler Giannini has been appointed as a clinical professor of law at Harvard Law School. He was formerly a lecturer on law at HLS.

Harvard Law School’s International Human Rights Clinic submitted an amicus curiae brief to the Second Circuit in support of a petition for rehearing en banc in a major corporate Alien Tort Statute (“ATS”) case, Kiobel, et al. v. Royal Dutch Petroleum Co., et al.

Louis Henkin ’40, who pioneered the field of human rights law and was a prolific scholar and teacher in the fields of constitutional and international law, died Oct. 14, 2010. He was 92.

The American government should display more transparency and give clearer legal guidelines for targeted killings and the use of drones in Afghanistan and Pakistan, said Philip Alston, a visiting professor at Harvard Law School, during a lecture last week.

In early September, Timothy Endicott, dean of the faculty of law at Oxford University and a professor of legal philosophy, spoke to an overflow audience in Pound Hall on how judges in Europe and the United States have ruled on the territorial extent of human rights.