Aspirational Legalism and the Role of the Equality and Human Rights Commission in Equality Policy

This paper looks at the role of the EHRC in the wider context of measures to promote equality in the welfare state, and highlights two major problems. First, social policy uses categories which are derived from empirical social analysis and processes of policy design, while anti‐discrimination and equality ‘grounds’ (such as gender and ethnic origin) are drawn from the mutual recognition and political mobilisation of groups. The intersection of these two epistemologies can produce progressive social reforms, but it can also result in sterile political competition between groups. Second, equality law makes rights‐based claims which are deliberately abstracted from the problem of aggregating rights into a manageable set of claims on scarce resources. This may be a strength in pursuing remedies for individual injustice, but it is a weakness in advancing wider ambitions to combat disadvantage affecting large social groups.     

Human Rights in the Public Sector

This article examines how universal human rights have been given practical effect in the UK through the Human Rights Act. It focusses on the role of human rights in public services and using the duty placed on public officials as a lever to bring about positive change.     

Rethinking Human Rights in York as a Human Rights City

Human rights is in crisis in the UK. It lacks significant political backing and public support. This ‘insider account’ of York becoming a human rights city suggests that there is a need to rethink approaches to human rights. The article looks at the strategies adopted in the city; the annual city‐based indicator report which provides the key reference point for all local activities; and the declaration of York as a ‘human rights city’ in 2017 alongside its subsequent impact. The discussion is linked to two debates within human rights: how to define and build a culture of human rights, and what it means for human rights to be truly relevant at a local level. The new approach advocated can be summarised as participatory, locally informed, and related to everyday concerns.     

Unravelling Equality: The Impact of the United Kingdom's Spending Cuts on Women

This article examines a report on the likely impact of the spending cuts on women. The report, Unravelling Equality: A Human Rights and Equality Impact Assessment of the Spending Cuts on Women in Coventry, concludes that the public spending cuts will increase inequality between women and men. For some women the cuts may have serious negative effects on their human rights. The article argues that this report provides a blueprint for the kind of analysis which should be carried out all over the country to ensure that the impact of spending cuts on women is better understood and acted upon.     

联合国国际人权两公约之背景,内容与意义

联合国国际人权两以约是国际社会在人权保护方面最重要的两个公约。两公约诉产生过程,内容和执行体系,都表明国际社会在人权保护领域既普遍的共识,也有尖锐的分歧。两公约本身即是求同存异的产物,它是尽可能地融合了东西方国家对人权的不同理解,充实和发展了《联合国宪章》中关于基本人权的内容和为人权领域的国际合作提供了国际法依据。但是,人权进行国际法领域,并不意味着可以把人权作为攻击或干涉他国内政的工具,借口不人     

Human Rights in a Post‐Brexit UK

This special issue was written to reflect on the current role of human rights in the United Kingdom, seventy years after the United Nations General Assembly voted in favour of the Universal Declaration of Human Rights. Human rights are explored by the authors in this issue from a wide variety of perspectives. Some authors are critical of the failure of the state to implement human rights principles in practice; others lament how human rights often appear of little relevance to most people’s lives in the UK. The overall message, however, remains consistent: a human rights framework brings many positive elements to our country, ensuring it is a society where individuals, no matter their actions or characteristics, are treated with dignity.     

Bridging the Gap: The Relationship between INGO Activism and Human Rights Indicators

This article explores the tension between the production of “naming and shaming” reports as tools of activism by international nongovernmental organizations (INGOs) and the usage of these reports as cross-national indicators of human rights violations. Because INGOs are strategic actors, their reports are not a reflection of the “true” levels of abuse. Although existing scholarship has raised this issue in relation to bias in cross-national indicators, it has yet to explain the process by which NGOs produce reports. This article exploits subnational variation across domestic and international NGOs within India, showing how the divergence in their reports can be explained by these groups’ organizational structures, probability of success in their chosen issue areas, and target audiences. By explaining how human rights NGOs produce reports, this article concludes with suggestions to ensure that the biases prevalent in a single source of data do not drive the results of future scholarship.     

Gender Equality Architecture: The Intergovernmental Level in Federal Systems

This article provides a first overall account of the intergovernmental components of Australia's gender equality architecture in the period 1978–2014. From the 1990s this is largely a story of institutional fragility. In explaining this, factors identified by scholars of state feminism, such as lack of political will, partisan ideologies and discursive shifts, particularly the increased influence of neoliberal approaches to governance, are taken into account. The new factor introduced is that of executive federalism, characterised by decision‐making behind closed doors. When women's intergovernmental bodies attempted to open doors to community input this proved fruitless, particularly in the area of economic decision‐making. Repeated attempts to introduce gender‐disaggregated reporting on the outcomes of Commonwealth‐State agreements were also largely unsuccessful. The article concludes that the democratic deficits associated with executive federalism – lack of parliamentary oversight or accountability and lack of community consultation – are closely related to the deficits in gender mainstreaming.     

论社区警务中的人权关怀

我国自20世纪90年代以来,不断加强社区警务建设,取得了显著成就。在我国社会主义市场经济、民主法制、权利保障不断发展和完善的历史潮流中,不断强化公安机关和社区民警的人权意识,增强对社区民众的人权关怀,应该成为我国社区警务建设的关键性环节。     

The Review of Victoria's Guardianship Legislation: State Policy Development in an Age of Human Rights

This article considers the Victorian government's decision to review the state's guardianship legislation and notes the significant place international human rights developments are playing in that review. The article recognises the opportunities these developments present for reworking the guardianship legislation to increase the autonomy and decision-making power of people with disabilities, but also considers the challenge these developments present to ensuring that society continues to protect its most vulnerable citizens.     

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.     

人类劳动能力的普遍发展与平等的实现

依据马克思主义人的自由全面发展理论,人类建立平等的社会关系,归根结底取决于人们的劳动能力的普遍发展。当代新科技革命正在创造着人类劳动能力普遍发展的物质条件,而社会主义市场经济体制正在创造着人类劳动能力普遍发展的社会条件。因此,在新科技革命方兴未艾的时代背景下,社会主义实践者选择建立社会主义市场经济体制既符合生产力决定生产关系规律,也找到了人类实现共同富裕目标的新途径。     

论我国宪法权利限制的实质、困境与对策

尽管享有权利是人类社会生活的一部分,但为了维护公共利益,个人宪法权利还必须受到限制。然而,权利限制的最终目的还是为了保障人的生存与发展,进而实现人的价值。由于诸多原因的影响,我国宪法对公民宪法权利的限制存在着一定的缺陷,不利于公民宪法权利的实际享有。因此,亟需从宪法权利限制的原则、方式和具体条文等方面完善我国宪法权利的限制。     

The Diffusion of Human Trafficking Policies in the Post-Soviet Region: A Comparative Analysis of Policy Adoption in Ukraine,Latvia, and Russia

This paper analyzes how human trafficking policies diffused in the post-Soviet region. By adapting the diffusion of innovation framework to fit the international context, I examine whether human trafficking adoptions in the post-Soviet region were due to internal determinants and/or diffusion effects. A comparison of Russia, Latvia, and Ukraine found that internal determinants such as state commitment to human trafficking policy and interest group strength were more important to policy adoption than external pressures from the international community while state capacity and bureaucratic restructuring impeded policy adoption. I argue that policymaking, even in authoritarian regimes, is more nuanced than blind compliance with international treaties and shows that interest groups and policy entrepreneurs work within the constraints of national policymaking to adopt human trafficking policies.     

The Monitoring Capacity of Civil Society Networks: A Social Network Analysis in the Case of Gender Equality Policy

The role of civil society organizations (CSOs) as a watchdog in the implementation process is widely acknowledged. However, little is known about what determines their capacity to monitor EU policy implementation and how it differs across member states. This article accounts for social capital as well as human and financial capital to determine the monitoring capacity of CSOs. To capture sources of social capital, a network analysis is applied in a comparative case article on the monitoring networks of national platforms of the European Women’s Lobby across eight EU member states. The analysis reveals that CSOs in western member states are rich in human, financial and social capital, while CSOs in CEE member states compensate for this lack of resources by linking up with the Commission.     

Policy Entrepreneurs,Issue Experts,and Water Rights Policy Change in Colorado

Policy entrepreneurs can influence policy changes and decisions. These people invest their time, knowledge, and skills into promoting policies with which they agree. This paper investigates the influence that entrepreneurs had in the case of recreational water rights policy in Colorado to build a model of policy entrepreneurship. Almost 20 Colorado communities have constructed white‐water kayak courses to boost their local economies. In twelve of these communities, construction was followed by community pursuit of a new form of water right—the recreational in‐channel diversion. This case study is relevant to many areas of environmental policy and management where policies are transitioning from traditional consumptive uses of the resource to nonconsumptive uses. This policy change was not a given in Colorado communities, with recreational water rights requiring significant investments of community resources. These research findings conclude that policy entrepreneurs were influential to policy change, but the most important actors were expert entrepreneurs who hold expertise in water resource matters.     

The Role of Policy Labs in Policy Experiment and Knowledge Transfer: A Comparison across the UK,Denmark, and Singapore

Abstract

Policy labs have been increasingly used to generate scientific evidence and political momentum to boost policy experiments, but our understanding of the conditions for knowledge creation and transfer through policy experiments in the labs is scarce. This paper compares the UK’s Cabinet Office’s Behavioral Insights Team (BIT), Denmark’s the Danish MindLab, and Singapore’s the Human Experience Lab (THE Lab) to identify their similarities and differences in fostering policy experiment and knowledge transfer. It is found that BIT as the “Nudge Unit” is keen on bringing in rigorous scientific evidence to advocate effective albeit controversial policies, critical to its survival and influence in an adversarial political circumstance. MindLab takes more initiative to co-create and run projects together with agencies and organizations. THE Lab is dedicated to gleaning ethnographic insights from various stakeholders to support design thinking in policy implementation. These discernable differences can be attributed to their different political regimes and policy environments, which suggest workable avenues for policy labs in other countries.     

Human Rights in Policing: The Past,Present and Future

This article seeks to demonstrate, largely from practitioners’ perspectives, the growing evolution in understanding and implementation of meaningful human rights standards within the policing context. In the early 2000s, human rights were perceived and treated as a rather restrictive framework in UK policing. They are now more readily seen as a set of tools that guide and help the police to balance the views and interests of all parties to the criminal justice process. Human rights values enable police in the UK to better endeavour to do the right thing, ‘without fear or favour’.     

Why Human Rights Matter for Our Future: The Views of Three Young People

This article consists of statements by three young people with a passion for human rights. Two of the young people, Jude Smith (aged thirteen) and Khalil Richard (aged twenty) are members of the Sheffield Youth Cabinet. The third young person, Natasha Siguake (aged twenty), is a Young Advisor for Sheffield Futures. The three contributors talk about the human rights that are most important to them and why human rights are important for the future.     

On the Other Side of the Curtain: A Reassessment of Non-Elite Human Rights Experiences and Values in Poland

In this paper, I explore the formation of human rights attitudes among what I call the “silent majority” in the post-communist countries of Central Europe and the former Soviet Union. This is the large, diverse group of people never directly confronted with harsh methods of repression under communism. I argue here that the foundations for conceptualizing human rights are based on the degree and saliency of exposure to rights violations and that, for many citizens of Central and Eastern Europe, life behind the “iron curtain” is associated with relatively fewer rights violations than life after the iron curtain’s fall. Comparative personal experiences will play a key role in explaining how these citizens conceptualize human rights. I test this argument by applying it to the cases of Poland, where I conducted a total of 68 randomly selected non-elite interviews in an effort to probe for key factors defining individuals’ conceptions of human rights.