Republicanism and human rights: a plausible combination?

I consider a small but growing corner of the global justice literature: conceptions of human rights advanced under republican lights. I outline three recent republican justificatory arguments for principles of global justice embodied in human rights: Stuart White's appeal to the republican emphasis on civic virtue, and the appeals to a republican conception of liberty advanced by Philip Pettit and James Bohman. I argue that in all three accounts, too little attention is paid to constraints on the reasons that can be offered to a diverse domain of agents. I sketch an outline of the criteria plausible justificatory reasons must contain. In the appeal to virtue, no such reasons are forthcoming. In the appeal to liberty, such reasons may be forthcoming if republicans give up the claim that human rights are justified by appeal to ‘liberty’ itself. I conclude that a suitably modified appeal to the republican conception of liberty may be plausible.     

National human rights action plans: a roadmap to development

Applying the “human rights-based approach to development” (HRBAD) in practice is the biggest challenge facing advocates of human rights and development. This article seeks to bridge between. HRBAD at a theoretical level and the National Human Rights Action Plans (NHRAP) at a practical level in order to not merely provide a tool for putting HRBAD into practice but also to prepare a theoretical foundation for NHRAPs. To integrate HRBAD into NHRAPs, the whole conceptual space of development is mapped into a matrix called a “Substantive-Procedural Matrix of Development” (SPMD). This matrix helps states develop their plans within the road to development. The utility of this matrix as a heuristic will be demonstrated in the case of the right to health.     

Terrorist profiling: human rights concerns

Post-9/11, law-enforcement agencies have expanded the processing of personal data for terrorist profiles; this is actually among the very reasons why personal data are processed in the first place. De facto terrorist profiles tend to be based predominantly on the use of such criteria as ‘race’, colour, religion, or ethnic and national origin to single out persons for enhanced scrutiny. Terrorist-profiling practices, therefore, raise the question as to their conformity with the right to privacy, the protection of personal data, and the principle of non-discrimination. This article critically examines to what extent, if any, terrorist-profiling practices may be regarded as compatible with the principle of non-discrimination and the fundamental rules pertaining to the protection of personal data. For this purpose, it looks at various approaches to defining profiling in the context of countering terrorism, as well as describing de facto manifestations of terrorist-profiling practices. The conclusion is that terrorist-profiling practices all too often fail to comply with the fundamental requirement that any restrictions on the right to privacy and the protection of personal data are adequately regulated, necessary and proportionate. The so-called ethnic profiling gives rise to particularly serious problems. It tends to assume the nature of ‘racial’ profiling and, accordingly, entail discriminatory effects that can result in feelings of humiliation and stigmatisation among the targeted groups. Since the risk of further marginalisation and even radicalisation within those groups also appears to be a very real consideration, the whole necessity of ethnic profiling in the name of countering terrorism must be called into question in a contemporary democratic society built on the principles of pluralism and respect for different cultures.     

Counterterrorism and expert regimes: some human rights concerns

The recently retired Homeland Security Advisory System constituted a main means by which the intensity of the terrorist threat was communicated to the United States' public. An examination of its inner workings and its social impact shows the System as part of a modality of government: an encapsulation of intelligence-led governmentality. Informed by the political philosophy of Cornelius Castoriadis, I contextualise this modality as a settling of fundamental tensions inherent in modern sociopolitical culture, those between the principle of social and personal autonomy, and that of rational mastery of people and nature. These principles are strongly connected to democratic and oligarchic political organisation, respectively, and they give rise to different justifications of state authority. In turn, they pertain to the fundamental question of whether scientific expertise on politics is possible.     

Women's human rights in a changing climate: highlighting the distributive effects of climate policies

A women's rights perspective can inform and structure research on climate policy impacts on women. To date, climate policy analysis has mostly considered women as agents of climate protection, that is, objects of mitigation policies, rather than subjects in their own right. However, climate change mitigation involves direct and indirect distributive effects depending on which sectors are involved, which instruments are chosen and how funds are obtained and allocated. Since gender roles impact on individual livelihoods and activities, distributive effects are likely to be gendered. This paper suggests that women's human rights can be used as a framework for research aiming to fill this gap. They provide a well-developed, tested range of criteria for gender justice. Such assessments would allow for a more systematic and comprehensive understanding of the gendered distributive effects of climate policies, notably with regard to the particularly understudied situation in the industrialized world.     

The cost of complying with human rights treaties: The convention on the rights of the child and basic immunization

The determinants of compliance with human rights treaties likely vary according to the right in question, yet heterogeneity in the pathways through which ratification affects various human rights outcomes has received limited attention. This paper first develops an account of treaty compliance that incorporates the intrinsic benefits to the state of compliance, regime costs associated with certain rights, the political costs that NGOs, judges, and others are able to impose for non-compliance, and the fiscal and economic costs of compliance. The paper argues that for child survival rights, fiscal and economic costs are likely to be dispositive, and that as a result richer countries are more likely to comply. The paper then uses an instrumental variable approach to investigate whether ratification of the Convention of the Rights of the Child was associated with stronger effort at the country level on child survival rights. It finds that ratification of the CRC was correlated with a subsequent increase in immunization rates, but only in upper middle and high income countries.     

Researching rendition and torture in the War on Terror: lessons from a human rights organisation

This article describes some of the main methods and challenges of researching rendition and torture in the war on terror by a Muslim human rights organisation in the United Kingdom. It describes some of the main lessons learned from the past few years of such investigations and reflects on how such lessons might offer insights to academic research in the area.     

All News is Bad News: Newspaper Coverage of Political Parties in Spain

Spain has a highly partisan media system, with newspapers reaching self-selected partisan audiences and espousing explicitly partisan editorial preferences. Do the newspapers of the left and right differ in how they cover politics in ways that can be predicted by their partisan leanings? We review theories of issue ownership, journalistic standards, and information scarcity and test hypotheses derived from each. We find that the parties converge substantially in virtually every aspect of their coverage. Few differences emerge when we look at what topics are covered or in the dynamics of which topics gain attention over time. However, we confirm important differences across the papers when they make explicit reference to individual political parties. Journalistic norms result in a surprising focus on the faults of one’s enemies, however, rather than the virtues of one’s allies. Our assessment is based on a comprehensive database of all front-page stories in El País and El Mundo, Spain’s largest daily newspapers, from 1996 through 2011.     

Perceived human rights and support for new democracies: lessons from Mexico

Political elites in emerging democracies are likely to promise improvements on human rights. From an empirical perspective, however, emerging democracies tend to perform rather poorly in this domain. Given this tension between elite rhetoric and performance, it is important to examine the extent to which citizens in emerging democracies evaluate democracy and new democratic leaders' performance on the bases of their perceptions of respect for human rights. This topic remains largely unexplored and conventional wisdom suggests that economic satisfaction, not human rights concerns, drives individuals' support for democracy. We aim to fill this gap in the literature by investigating the extent to which specific and diffuse political support is related to individuals' perceptions of respect for human rights in the context of an emerging democracy. Taking advantage of two representative survey data sets from Mexico from 2003 and 2010, our empirical findings suggest that citizens are more likely to support their president, their government and democratization when they believe that human rights are respected. By examining the relationship between democracy and human rights protections at the individual level, our research is a pioneering effort to better explain the interaction between the prospects of democratic consolidation and perceptions of human rights.     

Judgement without justice: on the efficacy of the European human rights regime

The European Court of Human Rights (ECtHR) is widely regarded as the most important human rights court worldwide. This article investigates the extent to which the court addresses cases from countries with the worst human rights performance. Using a new data set on all ECtHR judgments from 1995–2012, the analysis suggests that the ECtHR does not deliver its judgments against members of the Council of Europe with the worst human rights records, but instead against more democratic and affluent states. The reason is that litigating in front of a supranational court requires capacities that vulnerable people are unlikely to possess, except when aided by transnational advocacy groups. However, more judgements are issued against countries that lack independent judiciaries, where cases are less likely to be resolved at the domestic level. While the ECtHR might not address the worst human rights crimes, it plays a subsidiary role in the European human rights protection system by compensating for weak domestic judiciaries. However, the court's inability to independently pursue litigation, together with the lack of capacity in some countries to bring cases forward, have hampered more effective protection of human rights for the most vulnerable in Europe.     

Negotiating the politics of gender and rights: Some reflections on the status of women's human rights at ‘Beijing Plus Ten’

This article undertakes a review of the development of the women's human rights project, focusing particularly on violence against women and issues of sexuality and reproductive rights. It notes gains by activists in promoting the women's human rights agenda and highlights the continuing impediments to the project from increasingly influential groups and some United Nations member states opposed to women's human rights. A more general problem is a lack of political will from those member states ostensibly committed to the cause who have often failed to translate this ‘commitment’ into effective action. It concludes that, as we approach the tenth anniversary of the ‘Conference of Commitments’, the implementation of initiatives has often been slow and somewhat ineffective. Governments have mastered the rhetoric of respect for women's human rights, yet the full realisation of women's human rights across the world remains elusive.