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’.     

The rights of (future) humans qua humans

Human rights are rights held “simply in virtue of humanity.” In unpacking this claim, we find that theories of human rights disclose (1) something about what we understand a minimally decent human life to be and (2) who we consider to belong within a community of rights-bearers. In this article, I address two interrelated questions: When and why do future persons have standing as rights-bearing members of a shared moral community? Are the rights held by future generations best expressed in the “greening” of existing rights or in a new distinctly environmental right? I argue that human rights theorists miss an important element of the human qua human if they take ecological embeddedness to be contingently rather than necessarily relevant to human rights. I therefore argue that there are reasons to favor a new distinctly environmental human right.     

From commitment to compliance: ASEAN's human rights regression?

Whether it is the persecution of the Rohingya, the disappearance of human rights activists, the general limiting of freedom of speech across the region, or the resumption of the arbitrary use of the death penalty, Southeast Asia can be said to be facing a human rights crisis. This human rights crisis is though occurring at a time when the region’s institution, the Association of Southeast Asian Nations (ASEAN), has never been so interested in human rights. After a lengthy period of time in which ASEAN either ignored, or paid lip service to human rights, the Association has created a human rights body – the ASEAN Intergovernmental Commission on Human Rights (AICHR) – and adopted an ASEAN Human Rights Declaration (AHRD). In this article, I utilize the Spiral Model to explain how, when ASEAN member states are regressing in their commitment to human rights, an intergovernmental body continues to promote their commitment and lay the groundwork for their compliance.     

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.     

Deaths While under Probation Supervision: What Role for Human Rights Legislation?

Article 3 of the Universal Declaration of Human Rights (UDHR) states that ‘everyone has the right to life’. This right is contained in all human rights treaties that developed from the UDHR, including the European Convention on Human Rights (ECHR). Yet, as we argue, the UK government is failing to protect this right when it comes to certain groups of people under probation supervision. To date, human rights legislation has failed adequately to protect these vulnerable individuals and to hold the state to account. This article explores the greater potential for using human rights legislation to ensure better accountability in this area.     

巩固提高在职公安民警大练兵的训练效果

大练兵是加强公安机关人力资源能力建设的重大战略举措,它要求树立科学的练兵发展观,立足长远,做好系统设计,把民警练兵工作作为提高公安队伍素质和战斗力的一项基本制度,年年练、月月练、天天练,常抓不懈,实现练兵工作从定向、封闭向非定向、开放发展,从终结性、一次性、应急性培训向终身性、持续性、制度化培训发展,从较低层次的理论培训向较高层次的理论与技能综合培训发展,努力以队伍建设的练兵成果推动公安工作的发展,以公安工作的实践检验练兵机制的成效,逐步建立起科学实用、规范有序、长期有效的民警练兵长效机制。     

Human rights at the “end of nature”

Nature has been employed as a moral concept across the millennia. Human rights are beholden to nature as a normative standard, as they developed within a tradition of natural law and natural rights. Should contemporary advocates of human rights continue to deploy the standard of nature at a time when both its physical and metaphysical statuses are increasingly challenged? I argue that the life sciences help us understand human rights in terms of the development of prosocial behavior in our species, and in this respect there remains an important role for nature to play in the advance of human rights. Attention to the status of nature in the modern world’s most important document of human rights, the 1948 Universal Declaration of Human Rights, illuminates the challenges associated with linking rights to the standard of nature.     

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.     

Fighting to close the School of the Americas: Unintended consequences of successful activism

This article examines the structural and institutional changes that have occurred since the controversial United States School of the Americas (SOA) closed and its successor, the Western Hemisphere Institute for Security Cooperation (WHINSEC), opened in 2001. Placing these changes within a constructivist framework, the article uses the school as a case study to argue that human rights norm diffusion has both increased the amount of human rights in the curriculum and put the school in a much stronger institutional position than it had been. Human rights activists had successfully prompted change, but did not achieve their goal of closing the school. This article contributes to the literature by demonstrating how ideas about human rights can have important and lasting effects, but not always in ways that are either predictable or desirable for the political activists who spark them.     

The trouble with frames: Insights from India on the challenge of using collective action frames to persuade state agents

Collective action frames are a key strategy of human rights activists and educators, and central to this strategy is the ability to connect frames to a population's extant beliefs. But two dilemmas plague framing efforts directed at state agents such as police officers, who are seen as potential violators of rights. First, these actors may be less likely than members of the general public to share the beliefs in terms of which human rights workers frame rights; and second, frames by their very nature simplify reality, and fail to take into account factors that constrain state agents' actions. This article explores these issues through a case study of human rights education involving police officers in India. Educators may be able to mitigate such obstacles by basing their framing efforts on research on the specific populations with which they are working, and using frames as only one part of an approach that takes into account the limited ability of frames to encompass all aspects of the situations in which violations occur.     

Human Rights Culture: Solidarity,Diversity and the Right to be Different

The concept of a human rights culture has been crucial to the incorporation of the European Convention of Human Rights into UK law. In this paper media and activist representations of human rights for lesbian, gay, bisexual and transgender human rights are considered as indicative of an emerging human rights culture, especially around the Civil Partnerships Act 2004. A typology of representations of rights is developed and discussed. It is concluded that insofar as there is an emerging human rights culture, it is one that is concerned above all with creating and maintaining civic relationships rather than with the assertion of individual liberty, and as inviting political compromise rather than a principled stance on universal human rights.     

Paradoxical bedfellows: Nihilism and human rights

This article identifies and considers the existence of a manifest, though often overlooked, paradox contained within the doctrine of human rights. The principal justifications for human rights are based upon the identification of variously conceived human characteristics, or attributes of human agency. Nevertheless, human rights have all too often been required to protect some human beings from being seriously harmed by other human beings. The justification for human rights envisages a single, universal community of human beings, whereas the actual application of human rights typically testifies to the existence of two, very distinct communities: victims and perpetrators. The single greatest impetus for the drafting of the Universal Declaration of Human Rights was the desire to prevent the re-occurrence of genocide. The modern human rights regime emerged out of mountains of human corpses. One would like to claim that the impetus for human rights became less urgent after the horrors of the Holocaust. Unfortunately, genocide has persisted and gross violations of human rights remain a feature of the geo-political landscape. Our need for protective human rights remains as urgent today as it did fifty years ago. This article accounts for this paradox and answers the question: Why is it that the ultimate justification and application of the doctrine of human rights is frustrated by members of the very species upon which the doctrine is based?     

Globalization and citizenship: an Australian dilemma

Democratic citizenship, as it exists in countries like Australia, is premised on a nation-state that has sovereignty over a specific territory demarcated by internationally agreed boundaries. According to this model, citizens are supposed to control the state through democratic processes, and the state is supposed to control what happens on its territory and to decide who or what may cross its boundaries. But today globalization is eroding the capacity of the nation-state to control cross-border flows of finance, commodities, people, ideas and pollution. Powerful pressures are reducing state autonomy with regard to economic affairs, welfare rights and national culture. This leads to important questions: Does the quality of democratic citizenship remain unchanged? Are citizens still the source of political legitimacy? Do we need to rethink the meaning and mechanisms of citizenship to find new ways of maintaining popular sovereignty? How can citizens influence decisions made by global markets, transnational corporations and international organizations? These are problems that all democratic polities face, and Australia is no exception. Political and legal institutions derived from the Anglo-American democratic heritage have worked well for a century and more, but they may need to change significantly if they are to master the new realities. The central question in Castles's article is thus: What can we do to maintain and enhance democratic citizenship for Australians in the context of a globalizing world? To answer this question, he examines some of the inherent contradictions of nation-state citizenship, discusses the meaning of globalization and how it affects citizenship and looks at the effects of globalization and regional integration on Australia. He concludes that it is important to improve the quality of Australian citizenship by various measures: recognizing the special position of indigenous Australians and action to combat racism; combatting social exclusion; reforming the constitution to inscribe rights of active citizenship in a bill of rights; and reasserting the model of multicultural citizenship.     

The law and politics of transnational rights protection: Trusteeship,effectiveness, de-delegation

International trustee courts embody a specific form of delegation, in which state principals confer on such courts the authority to interpret and apply treaties agreed by the states in order to realize specific values and interests. Human rights courts help states resolve commitment and enforcement problems that are inherent in human rights treaties. This study seeks to answer the question, what happens when states parties seek to reduce or eliminate the authority of a human rights court? To answer these questions, the article assesses six human rights treaty regimes: the Council of Europe; the Organization of American States; the African Union; the Economic Community of West African States; the East African Community; and the Southern African Development Community. The article identifies four types of de-delegation possible with respect to international human rights courts and assesses the extent to which states have sought to de-delegate from them. With one exception (the SADC Tribunal), the regimes examined here have so far successfully withstood the challenge of de-delegation.     

An Exploratory Study of Human Rights Knowledge: a Sample of Kindergarten and Elementary School Pre-service Teachers in Spain

This study aims to explore the level of information and knowledge 150 Spanish kindergarten and elementary school teachers in pre-service training have about human rights. We compared two groups of students: students with no specific training and students with specific training (the students with specific training study with the new training teaching programme that includes a compulsory subject related to citizenship education). The contents are organized around three thematic areas. Human rights are included in the first area ‘Basic concepts to promote equality and participation in Elementary Education’; the other two areas are: ‘Learning to participate at Elementary School’ and ‘Building a civil school that promotes equality and participation at Elementary School’. It is a one semester subject with 3 h of teaching per week. The main hypothesis is that a specific training on human rights will lead to an important improvement not only in student’s level of knowledge but also in the way they categorize this specific content. We have administered a questionnaire designed for the study. In general, our results show that students of both groups have a basic and limited knowledge about human rights. The group with specific training shows a higher level of knowledge than the other group and a different way of organizing it. This would go in the direction of other studies of supporting and reinforcing the inclusion of specific training on human rights during the initial teacher training programmes at the university.     

Controlling bureaucracies in weak institutional contexts: The politics of police autonomy

This article argues that political competition determines how and when elected politicians can reduce police autonomy. While bureaucratic autonomy is generally lauded in developed democracies, it can result in serious malfeasance in contexts of institutional weakness. Political incumbents may reduce police autonomy through different means and for various purposes. While some politicians seek to professionalize police forces and align them with the rule of law, others aspire to politicize police to appropriate its rents from corruption. This article shows that lack of rotation in office (low political turnover) increases politicians' control of police, while under low turnover, fragmentation in cabinets and the legislature influences whether politicians seek to professionalize or politicize the force. The article illustrates this theory with a subnational comparison of Rio de Janeiro (Brazil) and Santa Fe (Argentina), relying on 80 interviews with police and politicians.     

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.     

Foreign Policy and Human Rights Advocacy: An Exercise in Measurement and Explanation

This article addresses three questions: How can we define and measure what constitutes a foreign policy in human rights? How is it possible to explain both the activism of a state and its ideological orientation in the international promotion of human rights? What is the empirical evidence found when we try to answer these questions in intermediate states? Research done on four cases (Argentina, Australia, Brazil and South Africa) suggests a correlation between domestic efforts in the promotion of human rights and international advocacy. It also shows that the greater the power of intermediate states, the greater their activism in human rights. Further, as development grows states show less support for economic, social and cultural rights. Last, the strategic relation with the USA shapes how states vote regarding human rights violators states.     

Supporting Dictatorship and Promoting Human Rights? UN Technical Assistance to Egypt

Abstract

Does UN human rights technical assistance weaken or strengthen authoritarian dictatorship in Egypt? Drawing on interviews with UN, donor and domestic human rights non-governmental organization representatives conducted in Egypt in 2007 and 2010, this article focuses on the United Nations Development Programme (UNDP)/Egypt's BENAA Human Rights Capacity Building Project. The UNDP partnered with the Egyptian government to train public officials in human rights protections and to facilitate elite socialization, a strategy recommended by social constructivism. Critics, however, assert that such technical assistance strengthens rather than weakens authoritarianism. This article explores conflicts between UN and state goals in implementing technical assistance projects, as well as competing assumptions about norm diffusion and internalization held by supporters and critics of the programme.     

Politicization as a strategy for recognition and enforcement of human rights in Kenya

Drawing from recent advocacy efforts on the right to education in Kenya, this article argues that linking human rights to local political struggles is a useful way of ensuring their realization. Human rights are legal and moral but their realization is a political project. The form that this project takes will differ from context to context. While paying due regard to the remarkable contribution of international human rights regimes and transnational advocacy of the last fifty years in providing the world with a powerful legal and moral vocabulary of rights, this article suggests that this vocabulary risks losing its edge unless those working in the field of human rights recognize the necessity of local politics. The article examines the activities of the Kenyan human rights movement and its strategic linking of access to basic education with repression of political freedoms. I would like to thank participants at the May 9–10, 2003 “Rights in Africa” conference at North-wester University, Illinois, for their comments on an earlier draft of this paper.