Existing Evidence

2020 ◽  
pp. 59-78
Author(s):  
Adam S. Chilton ◽  
Mila Versteeg
Keyword(s):  
Human Rights ◽  
Empirical Research ◽  
Thomas Jefferson ◽  
Constitutional Rights ◽  
James Madison ◽  
Government Behavior ◽  
Related Literature ◽  
Qualitative And Quantitative ◽  
The Core ◽  
Quantitative Studies

This chapter reviews the existing body of evidence on constitutional rights effectiveness. Although the debate over whether constitutional rights change government behavior extends back at least to Thomas Jefferson and James Madison, there is remarkably little empirical research that focuses specifically on this question. However, there are several academic literatures that are relevant to the topic. Because most legal scholars operate under the assumption that rights matter, it begins by very briefly reviewing some of the normative arguments for including rights. It then proceeds to discuss existing qualitative and quantitative studies on rights effectiveness. Finally, it discusses some of the core findings from a related literature on human rights treaty effectiveness.

War under transnational surveillance: framing ambiguity and the politics of shame

2013 ◽  
Vol 40 (1) ◽  
pp. 25-51 ◽  
Author(s):  
PASCAL VENNESSON
Keyword(s):  
Human Rights ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Applicable Law ◽  
Qualitative And Quantitative ◽  
Quantitative Studies ◽  
Behavioural Effects ◽  
Israel Defence Force ◽  
Naming And Shaming

Abstract‘Naming and shaming’ those accused of abuse and misconduct is one of the most common strategies of transnational activists. Yet both qualitative and quantitative studies show that the policy and behavioural effects of naming and shaming are often contradictory. Named and shamed actors do respond at least partially by adjusting their policies and behaviour to some extent, but the actions challenged publicly as human rights violations may not cease and can even become more widespread. This ambivalent outcome is usually explained by the uneven capacity of the target to reform or by its ‘strategic’ response to escape the consequences of naming and shaming. By contrast, I show that naming and shaming can be brought to a standstill when the frame used by transnational activists is ambiguous. I trace the role of framing ambiguity during the Human Rights Watch (HRW) ‘naming and shaming’ campaigns against the Israel Defence Force (IDF) in the course of the July–August 2006 Israel-Hezbollah war (Lebanon war), and the December 2008–January 2009 Israel-Hamas war (Gaza war). I argue that HRW's use of International Humanitarian Law (IHL) as a frame led to an argumentative deadlock (frame implication contest). This legal frame, and the process of legal framing, did genuinely constrain the IDF, affecting its operations and behaviour. However, the ambiguity of the frame also provided the IDF with a range of material and ideational assets that gave it scope to claim that its actions were actually in conformity with applicable law, and to justify continuing to use force in densely populated areas.

scholarly journals Human Rights Due Diligence in Law and Practice: Good Practices and Challenges for Business Enterprises

2017 ◽  
Vol 2 (2) ◽  
pp. 195-224 ◽  
Author(s):  
Robert McCORQUODALE ◽  
Lise SMIT ◽  
Stuart NEELY ◽  
Robin BROOKS
Keyword(s):  
Human Rights ◽  
Empirical Research ◽  
Due Diligence ◽  
Good Practices ◽  
The Core ◽  
Business And Human Rights ◽  
Core Elements ◽  
The Difference ◽  
Taking Action ◽  
Human Rights Due Diligence

AbstractThis article considers the practices of companies worldwide in attempting to implement human rights due diligence (HRDD) as envisaged by the Guiding Principles on Business and Human Rights. Based on empirical research conducted through surveys and interviews, it analyses corporate practices in this area. It examines the responses of companies with reference to the core elements of implementing HRDD: identifying actual or potential human rights impacts; taking action to address these impacts; and tracking or monitoring the effectiveness of actions. In addition, the article places these practices in the context of the legal developments in the field of HRDD. The research shows the difference that dedicated HRDD – in comparison with non-human rights specific processes – can make in terms of identifying adverse human rights impacts of both the company as well as of those which are part of its business relationships.

scholarly journals Transfer Of Knowledge Through The Lens Of rganizational Culture: A Literature Review

2021 ◽  
Vol 6 (1) ◽  
pp. 147-178
Author(s):  
Shabana Gul ◽  
Dr. Waseef Jamal ◽  
Dr. Waseef Jamal
Keyword(s):  
Organizational Culture ◽  
Literature Review ◽  
Empirical Research ◽  
Transfer Of Knowledge ◽  
Qualitative And Quantitative ◽  
Quantitative Studies ◽  
The Relationship

This study aims to summarize the possible relationship between the transfer of knowledge and organizational culture and highlight the empirical relevance between them. For this purpose, a literature review of 169 articles (both qualitative and quantitative studies) has been conducted that have attempted to provide evidence of their relationship. Future empirical research suggestions for understanding the relationship between organizational culture and transfer of knowledge are also provided

Involuntary Circumcision of Males in Illegal Initiation Schools in South Africa: A Violation of African Customary Human Rights?

2018 ◽  
Vol 33 (1) ◽  
Author(s):  
Porsche Makama
Keyword(s):  
South Africa ◽  
Human Rights ◽  
Cultural Beliefs ◽  
Young Men ◽  
Cultural Tradition ◽  
Constitutional Rights ◽  
Topical Issue ◽  
Community Members ◽  
Human Right ◽  
Traditional Practice

The incidence of deaths associated with the practice of forced and botched circumcisions at initiation schools has become a topical issue in South Africa. In recent times, the number of deaths and injuries among initiates has risen at an alarming rate, most of them occurring at illegal initiation schools. The continuous rise in the number of injuries among initiates at these schools has elicited mixed reactions among community members, some referring to it as genocide in the case of fatalities and calling for its abandonment, while others argue that this traditional practice should be allowed to continue. The majority of young men who go to initiation schools do not make the decision on their own, nor do they have a choice in the matter. Instead they are compelled by parents or guardians, influenced by friends, and also coerced by others in the community who insist that they have to ‘go to the mountain’, as initiation schools are generally referred to in South Africa. It has been argued by those against circumcision that this practice infringes constitutional rights and contravenes the Children’s Act 38 of 2005. There have been numerous instances where young and even mature males have been taken from the streets, or even from the comfort of their homes, and forced into circumcision camps with or without their consent. This begs the question whether the continued practice of a cultural tradition that violates the fundamental human right and freedom to choose religious and cultural beliefs is justifiable.

Antecedents of Family Conflict in Uganda

2020 ◽  
Vol 12 (3) ◽  
pp. 35-54
Author(s):  
Rogers Matama ◽  
Kezia H. Mkwizu
Keyword(s):  
Content Analysis ◽  
Social Identity ◽  
Sample Size ◽  
Social Identity Theory ◽  
Family Conflict ◽  
Qualitative Approach ◽  
Future Research ◽  
Family Conflicts ◽  
The Core ◽  
Quantitative Studies

The purpose of this study was to explore the antecedents of family conflict in Uganda. A qualitative approach was used in this study. A sample size of 139 participants provided data which was subjected to content analysis. Results revealed that the core themes associated with family conflict are finances and priority of resources. Further findings show that differences in tastes and interests, selfishness and lack of communication played a key role as causes of family conflicts. The implication of this study is that finances and priority of resources are antecedents of family conflict in the context of Uganda. Therefore, the antecedents of family conflict that emerged from this study can be understood, defined and analyzed through the lens of social identity theory. Future research may include conducting quantitative studies with a particular demographic using the themes that have emerged from this study.

The Intersection of Security and Justice in Global Governance

2018 ◽  
Author(s):  
William Durch ◽  
Joris Larik ◽  
Richard Ponzio
Keyword(s):  
Human Rights ◽  
Conceptual Framework ◽  
Global Governance ◽  
Human Dignity ◽  
Structural Violence ◽  
Essential Elements ◽  
International Level ◽  
The Core ◽  
Personal Community

Security and justice are both essential elements in humanity’s quest not only to survive but to thrive with dignity; neither is sustainable alone. Security is merely the appearance of order in a framework of structural violence unless tempered or leavened by concepts of justice that include human rights, human dignity, and other normative limits on the use of power. The pursuit of justice, whether at the personal, community, national, or international level can be crippled if not matched, in turn, by means to sustain security at each level. This complementarity of security and justice—despite their inherent tensions—is the core conceptual framework of the book. Achieving “just security,” we argue, is essential to the success of any global governance enterprise or architecture.

Introduction

2018 ◽  
Author(s):  
Jonas Tallberg ◽  
Karin Bäckstrand ◽  
Jan Aart Scholte
Keyword(s):  
Climate Change ◽  
Human Rights ◽  
Conceptual Framework ◽  
Global Governance ◽  
Comprehensive Treatment ◽  
Human Rights Abuses ◽  
Sociological Approach ◽  
The Core ◽  
Governance Institutions

Legitimacy is central for the capacity of global governance institutions to address problems such as climate change, trade protectionism, and human rights abuses. However, despite legitimacy’s importance for global governance, its workings remain poorly understood. That is the core concern of this volume, which engages with the overarching question: whether, why, how, and with what consequences global governance institutions gain, sustain, and lose legitimacy. This introductory chapter explains the rationale of the book, introduces its conceptual framework, reviews existing literature, and presents the key themes of the volume. It emphasizes in particular the volume’s sociological approach to legitimacy in global governance, its comparative scope, and its comprehensive treatment of the topic. Moreover, a specific effort is made to explain how each chapter moves beyond existing research in exploring the book’s three themes: (1) sources of legitimacy, (2) processes of legitimation and delegitimation, and (3) consequences of legitimacy.

scholarly journals Disrupting Cultures of Harassment in Archaeology: Social-Environmental and Trauma-Informed Approaches to Disciplinary Transformation

2021 ◽  
pp. 1-18
Author(s):  
Barbara L. Voss
Keyword(s):  
Public Health ◽  
Disciplinary Culture ◽  
Environmental Model ◽  
Exclusionary Practices ◽  
Archaeological Practice ◽  
Qualitative And Quantitative ◽  
Quantitative Studies ◽  
The Social ◽  
Trauma Informed ◽  
Social Environmental

This article is the second in a two-part series that analyzes current research on harassment in archaeology. Both qualitative and quantitative studies, along with activist narratives and survivor testimonials, have established that harassment is occurring in archaeology at epidemic rates. These studies have also identified key patterns in harassment in archaeology that point to potential interventions that may prevent harassment, support survivors, and hold perpetrators accountable. This article reviews five key obstacles to change in the disciplinary culture of archaeology: normalization, exclusionary practices, fraternization, gatekeeping, and obstacles to reporting. Two public health paradigms—the social-environmental model and trauma-informed approaches—are used to identify interventions that can be taken at all levels of archaeological practice: individual, relational, organizational, community, and societal.

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