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.     

Violence,Nonviolence, and the Effects of International Human Rights Law

Under what conditions are individuals more likely to approve of human rights abuses by their governments? While various theoretical expectations have been offered about public approval of repression, many of them have not been directly tested. We analyze the effects of differing opposition tactics, differing government tactics, and legal constraints on approval of repression through a series of survey experiments in India, Israel, and Argentina. Our results indicate that violent action by opposition groups consistently increases support for government repression. In the context of contentious politics, we find that the effects of international law vary by national context. While our respondents in India were less likely to approve of their government when told the government violated international law, the same information likely increased approval of the government in our Israel experiment. The findings provide insights into the microfoundations of existing theories and suggest areas for theory refinement.     

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 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.     

Human Rights and Sovereignty in the ASEAN Path Towards a Human Rights Declaration

Sovereignty and non-interference principles are trademarks of the Association of South-East Asian Nations (ASEAN) regional approach. Starting from 1993, ASEAN has been developing a process aimed at creating a human rights system. This process reached its acme in August 2013 when the ASEAN Human Rights Declaration (AHRD) was formally launched. In the frame of the tension between sovereignty and human rights, the paper firstly analyzes the roots of the ASEAN path towards the creation of the regional human rights system grounded on the Vienna World Conference debate. Next comes an analysis of the political commitments assumed by ASEAN in the last 20 years in the process of creating a human rights body in the region. Furthermore, the paper presents an in-depth analysis of the most problematic issues connected with the nature, functions, mandate, and purposes of the ASEAN Intergovernmental Human Rights Commission (2009). This is followed by an analysis of the AHRD.     

Delivering Lasting Peace, Democracy and Human Rights in Times of Transition: The Role of International Law

¹The increasing scope of international legal regulation, particularlyin the field of human rights, has facilitated the impositionof sustained policies of domestic reform aimed at entrenchinginternationally accepted standards of governance in transitionalsocieties. At the point of such societal change, however, thesymbolism of who makes and enforces the law is important. Thequestion of the relationship between national and internationallaw is therefore one that bears scrutiny. This article examinesthe theoretical basis upon which such policies are based, namelythe idea of a liberal peace, considering the extent to whichthe blanket implementation of international standards can addressthe need of transitional societies to reestablish the legitimacyof both political and legal authority in order to ensure thefuture protection of human rights.     

Human Rights Reporting: Rights,Responsibilities, and Challenges

This essay critically examines the intersections between news media and human rights in the context of the existing human rights framework. A survey of the fundamental provisions of international human rights law and of the evolving case law of human rights organs relating to media freedom and responsibilities reveals that existing gaps and underspecified obligations render problematic the normative guidance offered by the framework in addressing the pertinent human rights issues. However, this is part of the story. The problems associated with normative guidance are compounded by media practitioners’ contending approaches on the role of the media as “promoters of human rights.” The interplay between these factors is then examined through the prism of the two communities’ converging commitment to “truth-seeking.” This commitment can provide entry points to a more constructive engagement between the news media and the human rights community.     

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.     

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.     

NGOs invite attention: From the United Nations Commission on Human Rights to the Human Rights Council

This article first reviews and compares Human Rights Council and University Period Review (HRC/UPR) research published during and shortly after the institution-building period (2006–2009) to more recent work (2010–2014) to identify patterns of scholarly interest in NGO roles and behavior at the HRC/UPR. It divides research into that which either “ignores” NGOs or offers “indirect” attention, “direct” attention, or “foregrounds” NGO activity, concluding that NGOs are surprisingly underexamined, given remarkable new participatory opportunities in the HRC/UPR and the centrality of NGO information provision to the success of the new body. Empirical analysis of NGO statements from the CHR to the HRC indicates sharply increasing NGO participation, particularly among domestic, regional, and Southern NGOs. The increased volume and changing characteristics of participating NGOs may have important effects on the HRC/UPR and should also encourage further analysis.     

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.     

Defensive Enforcement: Human Rights in Indonesia

The objective of the article is to examine the human rights enforcement in Indonesian legal and political system. This is done by studying the legal basis of human rights, the process of proliferation of human rights discourse, and the actual controversies of human rights enforcement. The study has the effect of highlighting some of the immense deficits in ensuring that violations are treated under judicial procedure and the protection of human rights is available and accessible for victims. The author inevitably came into a conclusion that the openness of legal and political arenas for human rights discourses is not followed with a tangible impact on the entitlement positions of the people. The problems of the weak institutions and the unenthusiastic enforcement show that, in Indonesia, human rights are formally adopted as a political strategy to avoid substantial implementation.     

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.