Reviving Social Rights in Latin America: The Potential Role of International Human Rights Documents

Social rights are essential to our ability to fully participate in society. In Latin America, these rights are increasingly marginalized as neoliberal policies take hold. At the same time, the related concepts of civil society and social capital are often incorporated into strategies aimed at alleviating the problems of the Latin American poor. It is expected that by strengthening people's civic capacity, their sense of mutual responsibility and ability to self-provide certain services will be enhanced. In the context of the current policy environment, however, such strategies are unlikely to be entirely successful. Lack of economic resources may preclude the Latin American poor from effective civic participation. More importantly, the promotion of civil society and social capital on the part of aid agencies and governments may represent an implicit threat to social rights, in as much as the organizations advocated are not likely to actively struggle for expansion of rights. Nevertheless, human rights documents such as the Universal Declaration of Human Rights and the Convention on the Rights of the Child provide a base upon which rights-based movements can be constructed.     

Implementing International Human Rights Law at Home: Domestic Politics and the European Court of Human Rights

The European Court of Human Rights (ECtHR) boasts one of the strongest oversight systems in international human rights law, but implementing the ECtHR??s rulings is an inherently domestic and political process. This article begins to bridge the gap between the Court in Strasbourg and the domestic process of implementing the Court??s rulings by looking at the domestic institutions and politics that surround the execution of the ECtHR??s judgments. Using case studies from the UK and Russia, this article identifies two factors that are critical for the domestic implementation of the Court??s rulings: strong domestic, democratic institutions dedicated to implementing the ECtHR??s judgments and an overarching sense of responsibility to set a good example at home and abroad for respecting human rights and the rule of law. This article concludes with a discussion of the steps necessary to facilitate better implementation of the ECtHR??s rulings.     

Norms and Human Rights in International Relations

The three volumes on human rights reviewed here constitute the first wave of in-depth case studies of human rights from a constructivist approach in international relations. By acknowledging the theoretical contributions of these works, identifying their shortcomings and engaging in critiques of the authors' conceptions of identity and norms, this article provides direction for future studies on human rights through the constructivist framework.
Foot, R. (2000) Rights Beyond Borders: The Global Community and the Struggle Over Human Rights in China . Oxford: Oxford University Press.
Risse, T., Ropp, S. C. and Sikkink, K. (eds) (1999) The Power of Human Rights: International Norms and Domestic Change . Cambridge: Cambridge University Press.
Thomas, D. C. (2001) The Helsinki Effect: International Norms, Human Rights, and the Demise of Communism . Princeton NJ: Princeton University Press.     

Dealing With Human Rights in International Organizations

Over time human rights have gained prominence in international organizations. At the same time, dealing with them has proved difficult and contentious. The present article focuses on the way in which the United Nations have addressed human rights issues, especially through the Commission on Human Rights (UNCHR) and its successor the Human Rights Council (UNHRC). Drawing on data on resolutions debated and (largely) adopted in these two bodies in the last 17 years, I offer a comparison of the voting record in these two periods. By analyzing in detail in a comparative fashion the votes in these two bodies, the article shows that despite the high hopes, the UNHRC faces some of the same challenges as its predecessor. More specifcally, I find that the conflict lines have largely remained the same in these two bodies, and the degree of polarization has slightly increased in the new UNHRC.     

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.     

Compliance and Non-compliance with International Human Rights Standards: Overplaying the Cultural

This paper interrogates a ‘positive’ view of culture’s (potential) role in widening compliance with international human rights standards, which (1) concentrates on the ‘cultural’ bases of conflict over rights and, in consequence, (2) focuses primarily on cultural interpretation as a means of achieving greater respect for rights norms. The thrust of the paper is that the relationship between culture and human rights norms is much more complex than this positive perspective implies and, this being so, that some of its claims about the potential benefits of cultural interpretation for widening rights compliance are hard to sustain. I substantiate this argument by exploring five challenges to this approach.     

Domestic Attitudes Towards International Jurisdiction over Human Rights Violations

Building on research regarding the influence of national identity salience on attitudes towards international institutions and the impact of nationalism on foreign policy preferences, in a case study of America, I explore the role of chauvinistic nationalism to understand its impact on attitudes towards international jurisdiction of punishment for alleged human rights violations by members of the American military. Using binomial regression of survey responses from the 2014 Cooperative Congressional Election Study, I find that respondents with higher levels of chauvinistic nationalist sentiment also have higher levels of opposition to the jurisdiction of international legal institutions to prosecute members of a nation’s military. This study is the first of its kind to offer a systematic and multivariate explanation for public opinion towards the jurisdiction of international human rights institutions over a nation’s armed forces using national survey data.