Presentation Transcript

1. Introduction totheHuman Rights in the U.S. Handbook for Legal Aid Attorneys: Housing Rights & Domestic Violence

   Lauren Bartlett Local human rights lawyering Project Director Nelson mock Human Rights Project director, Texas RioGrande Legal Aid
2. Background on the Handbook Aims to get practical and useable human rights information into the hands of legal aid attorneys Principles used for drafting: Simple language Everyday use Repetition Handbook is available for download on our website: (http://www.wcl.american.edu/humright/center/locallawyering.cfm)
3. Handbook Overview Part 1 Part 2 Part 3 Part 4
4. Part 5
5. Part 2 Provides Overview of: What are human rights? What is human rights law? How is human rights law relevant to U.S. courts and U.S. policymakers?
6. Part 2 – Section 2.2 – Intl Conventions
7. Part 2 – Section 2.2 – Intl Conventions Click on blue hyperlinks
8. Part 3
9. Part 4 Human Rights Litigation in the U.S.
10. Part 4 - Section 4. 2 - Sample Arguments: How Human Rights Law Adds Value to Judicial Interpretation Some state constitutions may support, if not compel, looking to international law for legal interpretation of domestic law. Human rights jurisprudence may offer precedent and models more on point for the case than anything in the federal system or sister states. State courts should interpret U.S. law as consistent with international law whenever possible. SeeMurray v. The Schooner Charming Betsy, 6 U.S. 64 (1804). Where there is no controlling U.S. law, state courts should look to customary international norms for guidance for its decision See Roper v. Simmons, 543 U.S. 551, 578 (2005). State courts should be part of the transnational dialogue on human rights simply because it is a vital conversation that promotes universal values.
11. Part 5 – Specific Legal Issue Areas
12. 5.3.1 Introduction: Housing Rights.
13. 5.3.2 Quick Statistics & Resources for Data
14. 5.3.3 Relevant Human Rights Law
15. Relevant Law cont’d
16. Relevant Law cont’d
17. Relevant Law con’td
18. Relevant Law cont’d
19. 5.3.4 Sample Arguments
20. 5.3.5 Talking Points for Oral Arguments
21. 5.3.6 Case Studies of Legal Aid Attorneys
22. 5.3.7 Sample Briefs & Petitions Click on blue hyperlinks
23. 5.3.8 Other Resources Catchall section Other human rights advocacy guides Reports Articles, blogs and other collections of relevant resources
24. Building a Human Rights Argument Know your forum…appropriate? Decide why you are going to use the argument Decide how you are going to use argument: Orally? Letter? Brief?
25. Building a Human Rights Argument Make arguments based in local, state and federal law Explain why human rights law is relevant to this court and this case Introduce your “hook” to human rights law Introduce human rights law itself
26. Specific Case Example Housing case, Leo Belanger et al v. John Mulholland—tenants went 9 months without water and 5 months without functioning toilet. Question: Does lack of water alone constitute a violation of the Warranty of Habitability Statute? Tenants’ Argument to Supreme Judicial Court of Maine: The lack of water alone violated the Warranty of Habitability Statute, because it is an essential feature of a habitable residence in Maine; This standard is consistent with the national standards regarding right to adequate housing, water, and sanitation; and
27. Specific Case Example (Belanger case) Then, human rights argument: Where domestic Constitutional or statutory law is vague, courts have looked to treaties and international law for interpretive guidance. [Fn] “The opinion of the world community, while not controlling our outcome, does provide respected and significant confirmation for our own conclusions.” Roper v. Simmons, 125 S. Ct., 1183, 1200 (2005).
28. Specific Case Example (Belanger case) Then, referred to: Covenant on Economic, Social, and Cultural Rights Commentary by various U.N. committees/bodies regarding human right to adequate housing and safe drinking water The Universal Declaration of Human Rights (“[e]veryone has the right to a standard of living adequate for the health and well-being of himself and of his family.”)
29. Specific Case Example (Belanger case) Human rights argument, concluded: “The right to water is an essential cornerstone for realizing the right to an adequate standard of living as well as the right to health. …. Testimony describing the Belangers’ plight demonstrates a marked decline in the Belangers’ physical and mental health as a result of losing their access to running water. [Cite omitted.] Such deplorable conditions, which are not tolerated under international human rights standards, should not be allowed by Maine laws.” Appellants’ Brief, p 18, Belanger v. Mulholland, 2011 ME 107 (Me. 2011) (emphasis added)
30. Building a HR & Domestic Violence Argument Getting started Identify the potential human rights issues Identify which materials may be relevant Think about a possible “hook” E.g. Implementing legislation as in refugee context E.g. Local DV & human rights resolutions
31. “Hook” to Human Rights Law: DV Context Example 1: Refugee/Asylum Law Domestic laws based on ratified treaties Convention Relating to the Status of Refugees Convention Against Torture Congressional record makes this explicit Laws passed to bring U.S. into compliance Makes these treaties directly relevant Also a hook for considering other international materials Interpretations by relevant U.N. bodies Jurisprudence of sister signatories Regional treaties/cases based on the U.N. treaties Legitimates use of any international materials
32. “Hook” continued Example 2: Local DV & Human Rights Resolutions
33. “Hook” continued Resolutions shows that City Council recognizes: DV is a human rights issue Highlights importance/severity of issue Heightens the seriousness of the case Highlights governments’ role in protecting citizens’ rights “Duty to protect women from DV Recognizes the need to address systemic failures that perpetuate VAW Citing multiple resolutions evidences growing trend in United States
34. Building a HR & DV argument continued Also think about what your goal is in using international law and human rights principles Different possibilities Provide additional support to domestic law Help interpret new, ambiguous or conflicting domestic law Help analyze situation that does not perfectly fit under existing laws Challenge existing law
35. HR & DV argument continued Make arguments based in local, state and federal law Explain why human rights law is relevant to this court and this case Introduce your “hook” to human rights law Introduce human rights law itself
36. HR & DV argument continued Laying out argument Possible “hook” For example: The Miami-Dade Board of Commissioners have recognized that freedom from domestic violence is a fundamental right. The Council has further recognized that under international law governments have a duty to protect women from domestic violence, and that a breach of this duty can constitute a violation of women’s right to equality.
37. HR & DV argument continued Define the rights at issue Be expansive Freedom from DV also tied up with rights to life, security, freedom from torture, equality, etc. Start with ratified treaties when possible For example: The ICCPR guarantees the right to protection against arbitrary interference with one’s privacy, family, and home. In some cases, may need to start with non-binding materials to frame the argument accurately
38. HR & DV argument continued State what you are asking for Emphasize international principles in tough case Probably want to highlight U.S. obligations or international consensus So your ask may be: Grant FPO in order to protect Petitioner’s freedom from interference in her privacy and home life Calm the judge’s concerns Link to domestic jurisprudence if possible Shows that what you are asking for is not outrageous, radical, unprecedented If no DV cases on point, analogizing to domestic materials on other issues Example: Roper v. Simmons
39. DV & HR argument continued
40. For more information on Housing Rights & Freedom from Domestic Violence Housing Rights webinar Freedom from Domestic Violence webinar Other resources  all available at http://www.wcl.american.edu/humright/center/researchtools-coordinatedinitatives-handbooks.cfm