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    Submission to the Commission on Unalienable Rights
    Gerald L. Neuman. 4/30/2020. “Submission to the Commission on Unalienable Rights.” Carr Center Discussion Paper Series, 2020-007. See full text.Abstract
    The Charter of the Commission on Unalienable Rights includes the objective of proposing “reforms of human rights discourse where it has departed from our nation’s founding principles of natural law and natural rights.” This mission statement has prompted concern among some observers that the Commission is being asked to redirect U.S. human rights policy in ways that would be self-defeating and would create serious damage to international cooperation for the protection of human rights. In his address, Neuman addresses the claim that there are too many human rights; the protection of diverse sexuality; the equal priority of economic/social rights and civil/political rights; the usefulness of “natural law” at the international level; and the question of privileging freedom of religious conduct over other human rights.

    Read the full paper here.

    Gerald L. Neuman is the J. Sinclair Armstrong Professor of International, Foreign, and Comparative Law, and the Co-Director of the Human Rights Program at HLS. He teaches human rights, constitutional law, and immigration and nationality law. His current research focuses on international human rights bodies, transnational dimensions of constitutionalism, and rights of foreign nationals. He is the author of Strangers to the Constitution: Immigrants, Borders and Fundamental Law (Princeton 1996), and co-author of the casebook Human Rights (with Louis Henkin et al., Foundation Press).

    George Floyd and the History of Police Brutality in America
    Kadijatou Diallo and John Shattuck. 6/1/2020. “George Floyd and the History of Police Brutality in America.” Boston Globe. See full text.Abstract
    Kadijatou Diallo and John Shattuck discuss the history of racist policing and violence against African Americans in the U.S.

     

    The horrific death, captured on video, of George Floyd, a 46-year-old black man who died after a white Minneapolis police officer kneeled on his neck, spotlights the longstanding crisis of racism in policing.

    To understand the protests that have erupted across the United States, one needs to understand the deeply troubled history of policing and race. Police brutality, racial discrimination, and violence against minorities are intertwined and rooted throughout US history. Technology has made it possible for the level and extent of the problem finally to be publicly documented. The anger expressed in the wake of Floyd’s killing reflects the searing reality that Black people in the United States continue to be dehumanized and treated unjustly.

     

    Voting Rights
    John Shattuck and Mathias Risse. 11/6/2020. Voting Rights. Reimagining Rights and Responsibilities in the United States. 2020002nd ed. Carr Center for Human Rights Policy. Read the ReportAbstract

    After more than a century of expanding the voting rights of previously disenfranchised groups, the American electoral system today is confronted by political and legal maneuvers to curtail the hard-won rights of these same groups, ostensibly in the name of combating fraud and regulating voting, but actually to change the outcome of elections. 

    "Political campaigns to suppress or dilute votes corrode democracy, frustrate the popular will, and stimulate polarization."

    Attacks on the integrity of the electoral system are not new. Throughout the 19th and much of the 20th century dominant political forces suppressed voting by African Americans and other minorities, women, immigrants, and young people. Manipulation of voting in the 20th century included racist suppression of African American votes, first by Democrats and later by Republicans. These practices are blatant examples of the vulnerability of the electoral process to partisan manipulation and the necessity of reform to safeguard voting rights, especially among these vulnerable groups.

    In his timely addition to the Reimagining Rights and Responsibilites in the U.S. paper series, authors John Shattuck, Mathias Risse, and team outline the expansion of the vote through history, the disproportionate impact of voter suppression, and propose a set of policy recommendations accordingly.

    Read the full report. 

    See all the issues of the Reimagining Rights and Responsibilities paper series here

     

     

    Money in Politics
    John Shattuck and Mathias Risse. 11/18/2020. “Money in Politics.” Reimagining Rights and Responsibilities in the United States, 2020-003. See full text.Abstract

    As Yogi Berra once said, “A nickel ain’t worth a dime anymore.” Nothing could be truer when it comes to money in American politics. In the 2000 election, candidates and outside groups spent a combined $3 billion on the presidential and congressional races. Not two decades later, in 2016, the amount spent more than doubled to a combined $6.5 billion. For 2020, forecasters project that the total amount spent on political advertising alone will reach $10 billion.

    There’s a simple reason for this exponential rise in political expenditures: the Supreme Court’s interpretation of the First Amendment to preclude the regulation of many aspects of campaign finance. That decision in 1976 first opened the floodgates of contributions to political campaigns.

     

    "Nowhere is money felt more than in the explosion of spending by outside groups to elect and influence candidates in the past decade, which have simultaneously increased amounts while decreasing accountability."

     

    In this issue of the Reimagining Rights and Responsibilities in the U.S. paper series, the authors outline how the bipartisan use of money in politics undermines the democratic process. 

    Read the full report.  

    See all the issues of the Reimagining Rights and Responsibilities paper series here

    Civic Education
    John Shattuck and Mathias Risse. 11/30/2020. “Civic Education.” Reimagining Rights and Responsibilities in the United States, 2020-004. See full text.Abstract

    A well-informed citizenry is essential in a democracy to preserve American values and make sound decisions in every area, from the school board meeting to the voting booth. Yet, arguably, in no other way have Americans fallen so short from what the Framers intended than in their understanding of and participation in democratic governance. A 2019 survey by the Annenberg Public Policy Center of the University of Pennsylvania found that only 39 percent of respondents could name all three branches of government, and 22 percent could not name any. Voting rates average only 56 percent in presidential elections, and are as low as 40 percent in mid-terms, ranking the U.S. far below most other democracies in voting participation. In short, the American people are not well-informed about their own government, do not turn out to vote in high numbers, and do not engage significantly in politics and civics.

    In addition to providing a set of policy recommendations, this issue of the Reimagining Rights and Responsibilities paper series outlines historical origins of civic education, the status of state and federal requirement, the dearth of federal funding, and the current political tensions within civic education. 

    Read the full paper here.  

    See all the issues of the Reimagining Rights and Responsibilities paper series here

    Are Rights and Religion Orthogonal?
    Richard Parker. 12/2/2020. “Are Rights and Religion Orthogonal?” Carr Center Discussion Paper Series, 2020-13. See full text.Abstract

    Talking about “rights” is to talk about a fundamental cornerstone of our democracy, our system of law, our ethics, and—perhaps most deeply—our identity.

    One of the rights we Americans customarily consider ours is “our right to religious freedom,” which, as enshrined in the First Amendment, is not one but two important correlate rights– our individual right to worship (or not) as we please, and our collective right (and duty) to prohibit any sort of government favoritism toward (or disfavoring of) any organized religion.

    In his paper, author Richard Parker weaves the history and evolution of religious freedom into the context of human rights.  

    Read the full text. 

    Carr Center Annual Report: 2019-2020
    Carr Center Human Rights for Policy. 11/2/2020. Carr Center Annual Report: 2019-2020. Cambridge, MA: Harvard Kennedy School. See the ReportAbstract

    The Carr Center is pleased to launch its 2019-2020 Annual Report. Take a look at our work, and learn how to get involved. 

    This past academic year, we’ve seen significant economic anxiety, political uncertainty, and public health failures besiege communities and societies around the world. We’ve also witnessed acts of solidarity and kinship—the Black Lives Matter protests sweeping the United States, the rise of social movements holding authoritarian leaders to account, and communities offering mutual aid to vulnerable people impacted by the pandemic.

    We hope that you remain engaged with our work in the coming months. After all, human rights are not just about institutions, laws, and policies. They are about people coming together, hoping to make the world and their communities a better place—more just, more equitable, and more peaceful. 

    Read the Annual Report

     

     

    Racial Discrimination
    John Shattuck and Mathias Risse. 12/8/2020. “Racial Discrimination.” Reimagining Rights and Responsibilities in the United States, 2020-005. See full text.Abstract

    When President Lyndon B. Johnson signed the 1964 Civil Rights Act into law, his action honored a decades-long struggle by grassroots activists and dedicated political leaders to ensure national protection for racial equality. With the landmark agreement, Johnson fulfilled his promise, expressed in his first State of the Union speech earlier in the year, that “this session of Congress be known as the session which did more for civil rights than the last hundred sessions combined”.  The historic legislation sought to eliminate racial discrimination on the federal level in broad categories including employment, education, voting, and public accommodations. The Civil Rights Act paved the way for other major federal laws outlawing discrimination in more targeted areas, such as the 1965 Voting Rights Act and the 1968 Fair Housing Act. 

    Over half a century later, the promises of the Civil Rights Act are threatened by sustained efforts to undermine its protections for equal rights and opportunities across racial identities.

    This issue of the Reimagining Rights and Responsibilities series surveys the historical evolution and current status of racial discrimination within the U.S. in several key areas: criminal justice, housing, education, labor, and society at large. Next, it looks at the current status of discrimination within these five categories, including recent legislative and political efforts to weaken equal protection along racial lines. The authors provide recommendations to reinforce the government’s responsibility to uphold anti-discriminatory protections and restore individuals’ rights to equal access and protection. 

    Read the paper here.

    Check out other issues in our Reimagining Rights and Responsibilities Series. 

    Reimagining Rights and Responsibilities in the United States: Toward a More Equal Liberty
    John Shattuck and Mathias Risse. 10/8/2020. “Reimagining Rights and Responsibilities in the United States: Toward a More Equal Liberty.” Reimagining Rights and Responsibilities in the United States, 2020-01. See full text.Abstract

    Americans today know they face threats to their rights, their democracy, their health and their economy. These threats are interrelated and demand a transformative response. Transformations have occurred at other pivotal moments in our nation’s history—at its founding during the American Revolution, its Reconstruction after the Civil War, its recovery from the Great Depression, its rise after World War II, and its reimagining during the Civil Rights Movement. Can today become a similar moment of transformation, turning threats into opportunities through the power of civic activism, voting, and government response? Can we reimagine the promise of rights that bind us together as a nation of diverse histories, identities, and lived experiences? 
     
    With the release of their nonpartisan, evidence-based report, Reimagining Rights and Responsibilities in the United States, researchers at Harvard Kennedy School’s Carr Center for Human Rights provide a guide for the nation wrestling with its values. This blueprint for protecting and expanding citizens’ rights proposes policy changes to strengthen democratic processes; safeguard equal protection, equal opportunity, and due process of law; and better protect freedoms of speech, media, religion and privacy. The Reimagining Rights and Responsibilities Project is directed by John Shattuck, Carr Center Senior Fellow and former US Assistant Secretary of State for Democracy, Human Rights and Labor. The report and the project are overseen by a faculty committee chaired by Carr Center Faculty Director Mathias Risse.
     
    The report offers an in-depth analysis of the state of rights in America in 2020, and then offers 80 recommendations to address failures to protect these rights. The Reimagining Rights team researched fifteen topics in five broad categories that are fundamental to protecting and expanding citizens’ rights. The Carr Center will continue to publish the fifteen reports in the coming months that expand upon specific rights domains in greater detail, including voting rights, money in politics, civic education, racial equality, women’s rights, and other areas of research. Sign up for our newsletter and follow our social media channels to stay up-to-date as we release each report.

    Read the Executive Summary.

     

    Read the Additional Reports: 

    1. Voting Rights
    2. Money in Politics
    3. Civic Education
    4. Racial Discrimination
    5. Women's Rights
    6. LGBTQ+ Rights
    7. Disability Rights
    8. Equal Access
    9. Immigration
    10. Criminal Justice & Public Safety
    11. Gun Rights & Public Safety
    12. Freedom of Speech & Media
    13. Religious Freedom
    14. Hate Crimes
    15. Privacy, Personal Data, and Surveillance

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