The Conservative Case for Human Rights

This article explores how conservative values and Conservative Party politicians helped to shape the Universal Declaration of Human Rights (UDHR) 1948 and the European Convention on Human rights (ECHR) 1950. It provides an overview of the history of conservatism in the UK with a focus on the way that Conservative Party administrations promoted the protection of human rights, including social and economic rights. The author argues that the Conservative Party should continue to play a key role in protecting human rights legislation rather than regarding human rights as a ‘foreign’ imposition from Europe.     

Setting the agenda: Social influence in the effects of the Human Rights Committee in Latin America and Central and Eastern Europe

Analyzing original data from Latin America and Central and Eastern Europe, this article explores the influence of the Human Rights Committee (HRC) of the United Nations (UN) in the configuration of states' normative agendas and the roles they seek to play. Focusing on the HRC's reporting procedure, the article investigates whether states adjust the substantive content of their periodic reports to mimic the human rights agenda explicitly set by the HRC through its concluding observations reports. The article finds that states take the HRC seriously and play the role of “good,” committed members of the human rights regime, following in their periodic reports the agenda of rights previously set by the HRC. The article, therefore, offers a specific theoretical argument and systematic, original evidence on the potential and the limits of the influence of the organs of the international human rights regime.     

Misgovernance and Human Rights: The Case of Illegal Detention without Intent

Existing explanations of human rights abuses emphasize a strategic logic of repression. Yet certain classes of abuses may arise absent the intent to repress because of the misaligned bureaucratic incentives of state agents. To separate accounts of strategic repression from bureaucratic incentives, we study the responses of state agents working within the Haitian criminal justice system to a randomized, free legal assistance intervention for detainees held in illegal pretrial detention. Legal assistance addresses moral hazard problems of the bureaucrats responsible for processing cases. We demonstrate that legal assistance accelerates case advancement and liberation, in line with the view that large‐scale human rights abuses in the justice system can result from poor governance and not repressive intent.     

The Globalization of Rights: From Citizenship to Human Rights

Globalization is shifting the balance away from membership-based citizenship towards universal human rights, thus we ask: how are new human rights generated? We argue that the movement for human rights follows on the heels of the much older and richer tradition of citizenship, as can be seen from the fact that many of the new claims put forward by human rights activists seek to define traditional citizenship rights as universal human rights. Most recently, we witness attempts by NGOs and CSOs to bring health, rights-based development, and identity rights under the umbrella of human rights. We examine the changing but continuous relationship of these two rights traditions, the gains made by human rights activists and the global solidarity and national enforcement capacity needed to underwrite their further progress.     

The Honor of Human Rights: Environmental Rights and the Duty of Intergenerational Promise

The idea of human rights either as a moral system or as a set of legal practices does not sit well with the concept of honor. This is true for both ontological reasons and because of some reprehensible misuses of the term in constructs such as “honor killings.” Yet the absence of honor as an argument for human rights comes with a high cost in the defense of human rights generally. As Hobbes made clear in his early theory, rights—and dignity—are grounded in the human capacity to make promises and in the necessity of honoring them. In his view then, honor is an essential feature of human rights and one closely linked to the human capacity for dignity. In this article, I explore how environmental human rights place a renewed emphasis on honor as a requirement for the protection of the rights of future generations. In the process, I explore the general relationship between honor, dignity, and human rights.     

Budgeting Rights: The Case of Jail Litigation

Judicial decisions are one element in the erosion of local government budgetary discretion. For example, litigation concerning constitutional rights forces local government officials to allocate resources toward the rights-based population. While rights-based allocation decisions may narrow the budgetary discretion of public officials, some managers may, paradoxically, be "better-off"—defined as the ability to protect and defend their budgets — when discretion is reduced. This thesis is tested through a case study of jail overcrowding litigation in a county government.     

Civil Rights and Political Human Rights: Contesting Human Rights Failures within the Minimally Democratic State

Allen Buchanan argues that democracy ought to be added to the list of basic human rights, but he limits the conception of democracy to a minimum of electoral representation within the nation state, effectively collapsing human rights into civil rights. This, however, leaves him unable to address the problem of human rights failures occurring within established states that meet his standard of minimal democratic representation. In order to address this problem, I appeal to James Bohman's conception of the political human rights of all members of humanity, as opposed to the civil rights of the citizens of particular states. I argue that while this provides the basis on which to address the problem of human rights failures within minimally democratic states, Bohman's conception also entails the potential for deep tensions to arise between the different claims of civil and human rights.     

Human Rights or Citizen's Privileges: The Great Bill of Rights Swindle

New Labour arguably left Britain more comfortable in its diversity and better protected by anti‐discrimination law. Equal treatment for gay people advanced significantly and the Human Rights Act provides a modern Bill of Rights for everyone in the Kingdom. Curiously however, parallel laws dishonoured these values in thought, word and deed. Home affairs hyperactivity left ours a less friendly country in which to seek asylum, dissent or even be young. The Coalition bound itself together with ‘civil liberties’ and quickly reversed some excesses of the previous decade. Last year's ‘Arab Spring saw it promote human rights abroad. However the Government appears bitterly divided by them at home. Is the debate about a more ‘British’ Bill of Rights, political genius, pragmatic fudge or a dangerous swindle capable of depriving us all of vital protection against abuse of power?”     

The Solitary Center: the Core Executive in Central and Eastern Europe

This article discusses the coordinative capacity of Centers of Government (COGs) in several Central and Eastern Europe countries. In formal terms, COGs are at the heart of the executive process; but their contribution to coherence in executive policymaking has remained limited. This observation applies both to coordination within the executive, and between the executive and other key participants in the political process. In important respects, the "solitary centers" operate in isolation from their political and institutional environment. In part, this weakness of linkage reflects the particular features of the post-Communist political systems; in part, it can be explained by a lack of nodality, authority and policy expertise at the COG. There are good reasons to assume that, as policy systems mature, problems of linkage will decline in significance. But this outcome cannot be taken for granted. Instead, we might be witnessing the emergence of a "new administrative type" in some Central and Eastern European countries.     

Human Rights Abuses in Bangladeshi Policing: the Protection Capacity of National Human Rights Commission

This paper is about human rights and policing in Bangladesh, with special focus on the role of National Human Rights Commission. The protection and promotion of human rights in Bangladesh has become difficult as the law enforcement agencies, particularly the police and the Rapid Action Battalion (RAB), are involved in human rights violations. An overall culture of impunity for human rights violations exists in Bangladesh. The National Human Rights Commission appears to have failed to break the culture of impunity in Bangladeshi politics. This paper explains the reasons why the National Human Rights Commission in Bangladesh largely fails to make the political system in particular law enforcement agencies accountable.