Conceptualizing and Measuring Institutional Variation in National Human Rights Institutions (NHRIs)

2020 ◽  
pp. 002200272098234
Author(s):  
Ryan M. Welch ◽  
Jacqueline H. R. DeMeritt ◽  
Courtenay R. Conrad
Keyword(s):  
Human Rights ◽  
Content Analysis ◽  
International Standards ◽  
Annual Reports ◽  
Domestic Institutions ◽  
Substantial Variation ◽  
National Human ◽  
Institutional Variation ◽  
National Human Rights Institutions ◽  
Government Legislation

A wealth of literature argues that domestic institutions can sometimes restrain government repression. In this article, we highlight an institution tasked specifically with protecting and promoting human rights: the National Human Rights Institution (NHRI). Although common international standards exist, NHRIs exhibit substantial variation in their organization, the rights that they protect, the activities they permit, and the manner in which they appoint their members. Scholarship to date has conceptualized and measured NHRIs dichotomously; an NHRI either exists or it does not. We present data that highlights NHRI heterogeneity collected via content analysis of NHRI annual reports, NHRI websites, national constitutions, government legislation, and other sources. Using these data, we show NHRIs that can publish their findings and NHRIs that can punish offenders are each associated with less state torture. These data will allow future researchers to better explore important questions regarding NHRI origins, design, processes, and effectiveness.

Domestic politics and the power to punish: The case of national human rights institutions

2017 ◽  
Vol 36 (4) ◽  
pp. 385-404 ◽  
Author(s):  
Ryan M. Welch
Keyword(s):  
Human Rights ◽  
Domestic Politics ◽  
Past Research ◽  
Domestic Institutions ◽  
Electoral Institutions ◽  
The Public ◽  
Legal Punishment ◽  
International Pressure ◽  
National Human ◽  
National Human Rights Institutions

Why do states give institutions the ability to legally punish them? While past research focuses on international pressure to delegate authority to third parties, I argue that domestic politics plays a key role. By viewing domestic politics through a principal–agent framework, I argue that the more accountable individual legislators remain to the public, the more likely it is that the legislature will delegate legal punishment authority. I focus on National Human Rights Institutions—domestic institutions tasked with protection and promotion of human rights—to build the argument. Electoral institutions that decrease monitoring of legislator agents, or institutional makeup that allows the executive to displace the public as the principal lead to National Human Rights Institutions without punishment power. Using Bayesian logistic analyses I test four hypotheses, all of which are in agreement with the argument.

scholarly journals La exigibilidad de los derechos económicos, sociales y culturales

2012 ◽  
Author(s):  
Celia Fernández Aller
Keyword(s):  
Human Rights ◽  
International Standards ◽  
Legal Doctrine ◽  
Cultural Rights ◽  
Derechos Humanos ◽  
National Human ◽  
National Human Rights Institutions

Este texto hace una síntesis de los principales argumentos encontrados en la doctrina y jurisprudencia nacional e internacional que se esgrimen a favor de una mayor exigibilidad de los derechos económicos, sociales y culturales. Se profundiza en el concepto y fundamento de estos derechos, para a continuación repasar algunos ámbitos de exigibilidad: la Constitución, las normas internacionales, la doctrina y labor de las Instituciones de Derechos Humanos, y las declaraciones de Naciones Unidas. Para concluir, se aportan ejemplos de algunos tribunales que han entrado a conocer acerca de los derechos DESC.This text is a summary of the main reasons found in the legal doctrine and national and international jurisprudence to justify a greater enforcement of economic, social and cultural rights. It analyzes the concept of such rights, then go over some areas of enforcement: the Constitution, international standards, doctrine and work of National Human Rights Institutions and UN declarations. Finally, we provide examples of some courts that have come to know about ESC rights.

scholarly journals The promotion of international cooperation in the activities of the high commissioner for human rights in the Russian Federation

2021 ◽  
pp. 85-95
Author(s):  
O. K. Goncharenko ◽  
A. O. Akhmetzyanov
Keyword(s):  
Human Rights ◽  
International Cooperation ◽  
Russian Federation ◽  
International Organizations ◽  
International Standards ◽  
Council Of Europe ◽  
National Human ◽  
High Commissioner ◽  
The Russian Federation ◽  
National Human Rights Institutions

The article addresses issues related to the development of international cooperation as one of the key areas of activity of the High Commissioner for Human Rights in the Russian Federation. The special features regulating the activities of the High Commissioner, including the novelty in the national legislation and international standards in this area have been presented. Special attention has been given to the directions and forms of cooperation of the High Commissioner with national human rights institutions of foreign states, universal and regional international organizations, integration associations of ombudsmen. Examples of the interaction of the High Commissioner with the United Nations and the Council of Europe at the present stage have been provided. The efforts of the High Commissioner to protect the rights of the Russian citizens and compatriots living abroad have been highlighted. The article presents the development and strengthening of such concept as “human rights diplomacy”. The aspects of the establishment and promotion of the Eurasian Ombudsman Alliance have been reflected.In conclusion, the authors make recommendations on the extension of the competence of the High Commissioner.

National Human Rights Institutions and Access to Justice for National Minorities in Europe

2021 ◽  
pp. 1-27
Author(s):  
Vincenzo Tudisco
Keyword(s):  
Human Rights ◽  
Annual Reports ◽  
National Minority ◽  
Access To Justice ◽  
Minority Representation ◽  
Good Practices ◽  
National Minorities ◽  
Online Tools ◽  
National Human ◽  
National Human Rights Institutions

Abstract This article focuses on the role that National Human Rights Institutions play in guaranteeing access to justice for national minorities. Based on the osce hcnm Graz Recommendations on Access to Justice and National Minorities, this study aims at identifying commons issues and good practices by comparing rules and practices concerning minority representation in nhris, nhris’ focus on national minority issues, and nhris’ role in providing access to justice for national minorities. Separate subsections cover collective-groups’ complaints and the relevance of groups during investigations; regional offices; and websites, languages, and online complaints. The conclusion highlights that protecting access to justice for national minorities entails both more ‘focus’ and ‘access’. More focus should be guaranteed by relevant legislation and nhris’ annual reports through separate chapters or sections on minorities. More access includes minority representation in nhris, regional offices, groups’ complaints, multilingual and easy-to-access websites, as well as online tools for complaints.

Human Rights Education and Social Cohesion in South Asia in times of COVID-19

2021 ◽  
Vol 24 (2) ◽  
pp. 73-112
Author(s):  
Seweryn Ozdowski
Keyword(s):  
Human Rights ◽  
South Asia ◽  
Social Cohesion ◽  
International Standards ◽  
Human Rights Education ◽  
Problematic Relationship ◽  
National Human ◽  
Social And Cultural Factors ◽  
Human Rights Standards ◽  
National Human Rights Institutions

Globalisations, economic, cultural and social change over the last four decades have affected the nature of the discourse in human rights education. The chapter explores human rights education research and the problematic relationship between human rights education and the state, against the background of globalisation, and economic, political, social and cultural factors. This article aims to link human rights international standards and institutions to grass-roots human rights culture and its impact on social cohesion in South Asia. It begins with an analysis of the nexus between human rights and social cohesion and draws attention to some ideas that complement both. It then analyses how international human rights standards and associated implementation machinery can be used to advance social cohesion around the world. The article critiques current social cohesion trends globally - with some references to Australia and South Asia and focuses on the role of National Human Rights Institutions (NHRIs) in advancing human rights culture.

Progressing Norm Socialisation: Why Membership Matters. The Impact of the Accreditation Process of the International Coordinating Committee of National Institutions for the Promotion and Protection of Human Rights

2011 ◽  
Vol 80 (2) ◽  
pp. 143-192 ◽  
Author(s):  
Meg Brodie
Keyword(s):  
Human Rights ◽  
Collective Identity ◽  
Accreditation Process ◽  
International Standards ◽  
National Institutions ◽  
National Human ◽  
Protection Of Human Rights ◽  
National Human Rights Institutions ◽  
The Impact ◽  
Paris Principles

AbstractThe International Coordinating Committee of National Institutions for the Promotion and Protection of Human Rights (ICC) is responsible for accrediting independent, broadly mandated, national human rights institutions (NHRIs). The relevant international standards used to accredit NHRIs are the Paris Principles. In this role, the ICC has facilitated the progressive socialisation of Paris Principles norms. Members define and redefine their collective identity in light of the norms, causing the boundaries of membership to shift. The ICC has evolved from a representative, inclusive community of NHRIs to one that emphasises its regulatory role. This has implications for existing members and new applicants, such as Sweden, which must now demonstrate their compliance with more robustly applied standards. The progression of norm socialisation relies on the ICC's willingness to maintain the legitimacy of the rules through their coherent application and interpretation.

Making Human Rights a Reality

2013 ◽  
Author(s):  
Emilie M. Hafner-Burton
Keyword(s):  
Human Rights ◽  
International Law ◽  
World Population ◽  
International Human Rights Law ◽  
Legal Norms ◽  
Human Rights Protection ◽  
National Human ◽  
The World ◽  
Protection Of Human Rights ◽  
National Human Rights Institutions

In the last six decades, one of the most striking developments in international law is the emergence of a massive body of legal norms and procedures aimed at protecting human rights. In many countries, though, there is little relationship between international law and the actual protection of human rights on the ground. This book takes a fresh look at why it's been so hard for international law to have much impact in parts of the world where human rights are most at risk. The book argues that more progress is possible if human rights promoters work strategically with the group of states that have dedicated resources to human rights protection. These human rights “stewards” can focus their resources on places where the tangible benefits to human rights are greatest. Success will require setting priorities as well as engaging local stakeholders such as nongovernmental organizations and national human rights institutions. To date, promoters of international human rights law have relied too heavily on setting universal goals and procedures and not enough on assessing what actually works and setting priorities. This book illustrates how, with a different strategy, human rights stewards can make international law more effective and also safeguard human rights for more of the world population.

National Human Rights Institutions and Sustainable Development with Specific Reference to Selected African Examples

2020 ◽  
Vol 53 (1) ◽  
Author(s):  
John Mubangizi
Keyword(s):  
Sustainable Development ◽  
Human Rights ◽  
Best Practice ◽  
Specific Reference ◽  
African Countries ◽  
The Sustainable Development ◽  
Study Approach ◽  
National Human ◽  
Development Goals ◽  
National Human Rights Institutions

That National Human Rights Institutions (NHRIs) play an important role in the protection and promotion of human rights is a well-known fact. This has been widely acknowledged by the United Nations (UN). Also well-known is the fact that several African countries have enacted new constitutions during the last two to three decades. One of the most salient features of those new constitutions is that they establish NHRIs, among other things. Given their unique role and mandate, these NHRIs can and do play an important role in the realisation of the sustainable development goals contained in the UN 2030 Agenda for Sustainable Development. Adopting a case study approach, this article explores the role NHRIs have played in the promotion and protection of human rights in selected African countries and implications for sustainable development in those countries. The main argument is that there are several lessons African countries can learn from each other on how their NHRIs can more meaningfully play that role. Accordingly, best practice and comparative lessons are identified and it is recommended that NHRIs can contribute to sustainable development more meaningfully if they can make themselves more relevant, credible, legitimate, efficient and effective.

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