Are stronger states more humane? A re-evaluation of ‘exemplary villains’

2020 ◽  
pp. 002234332091390
Author(s):  
Seung Hoon Chae

In general, the human rights scholarship finds stronger states to be more humane. In particular, Englehart’s recent book and article assert that ‘petty despots’, rather than ‘exemplary villains’, are the real culprits behind the abuse of human rights. However, some exemplary villains are truly exemplary; providing them with greater powers will only intensify human rights abuses. Indeed, the idea that even dictatorships would better protect rights when stronger contradicts some of the most well-known cases of mass-murder that occurred in powerful authoritarian states. In an attempt to resolve this puzzle, this article argues that, while state capacity does matter, it matters differently for dictatorships and democracies. In both regimes, there are certain types of human rights violations that, from the government’s perspective, happen unwittingly. These unauthorized human rights violations are perpetrated by petty despots trying to benefit from the state’s principal–agent problems. Yet, unlike a democracy, a dictatorship can authorize the violation of certain types of human rights to accomplish its objectives. Whereas state capacity can reduce ‘unauthorized’ types of abuses, it would not necessarily diminish such abuses that are ‘authorized’ by the state. The net effects of state capacity, therefore, will not be as positive for autocracies as they are for democracies. To validate this argument, this article conducts 18 ordered logistic regressions with a time-series cross-sectional dataset that encompasses no less than 142 countries from the period of 1981 to 2002. The empirical analysis provides solid support for the theorized relationship among human rights, state capacity and regime type. As predicted, state capacity improves human rights in democracies but not necessarily in autocracies.

1982 ◽  
Vol 11 (1) ◽  
pp. 3-5
Author(s):  
Jacobo Timerman

Jacobo Timerman was until recently one of Argentina's most distinguished newspaper editors. Born in Russia in 1923, he emigrated as a child with his family to Argentina, where he was later found the Buenos Aires daily La Opinion. He became a fierce opponent of the human rights abuses under the military regime which took power in 1976. In April 1977 Timerman was abducted and held prisoner for 30 months by agents of the Argentinian army. He was not found guilty of any of the accusations laid against him. The torture and savage anti-Semitism he was subjected to are described in his recent book, Prisoner Without a Name, Cell Without a Number. Exiled from Argentina in September 1979 following his release, he has spoken out on behalf of those who have been silenced or who continue to suffer from human rights violations in Argentina. Jacobo Timerman now lives in Israel; in November 1981 he was the guest of honour at the annual lunch of the Writers & Scholars Educational Trust in London, on which occasion he delivered the following address.


2016 ◽  
Vol 2 (3) ◽  
pp. 349
Author(s):  
Aidir Amin Daud

Right to life is non-derogable rights. A natural right that should not be revoked arbitrarily by anyone, including the state. A mass murder in events 1 October 1965 and Timor-Timor is a double series of states’ failure in protecting the rights of Indonesian peoples. Moreover, these two events get different treatment in its handling. The disparity in treatment between two cases is a big question related to the consistency of human rights enforcement in Indonesia. This study is a descriptive-qualitative research. While, to prove the truth, this study will use a comparative study. The findings show that the attitude of the United Nations that treat serious human rights violations in Timor-Timor and the events of 1965 in Indonesia, cannot be answered differently in the perspective of international law. Since it has a weakness where the political interests of ruling is very strong in influencing the decisions of the UN. The disparity in law enforcement in the event of serious human rights violations in 1965 and Timor-Timor due to the dynamics of international politics when it does not allow for the demands of human rights violations to the UNs’ International Court due to advantage for a certain state after the event. In order to reduce disparities in human rights violations, reconciliation is the most rational solution at this time compared remains demand the state for the violations. Besides, many human rights violations in certain countries that have successfully resolved through reconciliation approach.


Author(s):  
Tim Dunne ◽  
Marianne Hanson

This chapter examines the role of human rights in international relations. It first considers the theoretical issues and context that are relevant to the link between human rights and the discipline of international relations, focusing on such concepts as realism, liberalism, and constructivism. It then explores key controversies over human rights as understood in international relations as a field of study: one is the question of state sovereignty; another is the mismatch between the importance attached to human rights at the declaratory level and the prevalence of human rights abuses in reality. The chapter also discusses two dimensions of international responsibility: the duty to protect their citizens that is incumbent on all states in light of their obligations under the various human rights covenants; and the duty of states to act as humanitarian rescuers in instances where a state is collapsing or a regime is committing gross human rights violations.


2004 ◽  
Vol 30 (4) ◽  
pp. 419-452 ◽  
Author(s):  
Benjamin Mason Meier

Society benefits from physicians who seek truth and healing for the good of humanity. Despite ethical admonishments to “do no harm,” however, physicians have caused some of the most appalling human rights abuses of the twentieth century. Physicians, alone or in concert with the state, have willfully abused their medical knowledge and debauched their profession in furtherance of human rights violations. Compounding their crimes, physicians often have been complicit in following oppressive regimes in abusive practices against their citizens. Ironically, it is their knowledge of this healing art that allows physicians to take part in this injurious conduct; and it is this knowledge that states seek to harness in buttressing violative policies. In fact, for nations bent on violating human rights, it is “much easier for governments to adopt inherently evil and destructive policies if they are aided by the patina of legitimacy that physician participation provides.”


2021 ◽  
Author(s):  
Yasmin S

Over the past decades, transnational corporations have come under increasing public scrutiny for their involvement in human rights abuses, particularly in developing countries. One may think of violent acts against local communities, slave labor, and grand scale environmental pollution. International investment law protects and safeguards the rights of foreign investors but falls short of holding them accountable to societies where they operate. Recently, a few arbitral tribunals have grappled with the question of whether corporations can be held accountable for illegalities that constitute human rights violations inflicted upon the host state or its people. This article discusses the arbitral treatment of corporate human rights violations by investment tribunals in three treaty-based cases: Copper Mesa v. Ecuador, Burlington v. Ecuador and Urbaser v. Argentina and draws on recent scholarly work on causation in investor-state arbitration to evaluate their approaches.


Author(s):  
Mahmood Monshipouri

Given the systematic threats facing humanity, there is an urgent need for new thinking about the human rights project. The most prevalent form of global abuse exists in the form of violence against women and children. Sexual violence has been considered the most pervasive, yet least recognized human rights, abuse in the world. Equally prevalent among the modern sources of threats to physical integrity rights are the pervasive practice of torture and the issue of poverty and the threats it poses to human dignity and human rights. Individual civil-political rights and the rights of minorities, including women, ethnic and religious minorities, and indigenous people have been protected at times and violated at other times by states. Moreover, some observers argue that group rights should be properly understood as an extension of the already recognized collective rights to self-determination of people. But this broad spectrum of human rights violations can be organized into two categories: domestic and international. The domestic sources include both local and national sources of human rights abuses, and international sources entail international and global dimensions. These analyses are interconnected and reinforcing, but they can be contradictory at times. Understanding such complex interrelations is a necessary condition for describing factors and processes leading to abuses. In an applied sense, this understanding is essential for suggesting how we should proceed with the protection of basic human rights. Although there is agreement on the most pressing problems of human suffering, there is no consensus over the answers.


2020 ◽  
pp. 106591292094159
Author(s):  
Ryan Yu-Lin Liou ◽  
Amanda Murdie ◽  
Dursun Peksen

There is some consensus in the literature that economic sanctions might prompt more human rights abuses in target countries. Yet, the causal mechanisms underlining the sanctions–repression nexus remain little understood. Using causal mediation analysis, we examine the processes through which sanctions might deteriorate human rights conditions. We specifically propose two indirect mechanisms driving human rights violations: increased domestic dissent and reduced government capacity. Sanctions are likely to trigger domestic dissent, and this instability would further induce the government to employ repression. Reduced government capacity caused by sanctions will harm the government’s ability to screen and oversee its security agents, which would subsequently lead to increased human rights abuses. Results from a time-series, cross-national data analysis indicate that sanctions-induced dissent, particularly violent dissent, plays a significant mediating role in the sanctions–repression link. Likewise, we find strong evidence that diminished fiscal capacity triggered by sanctions is likely to result in more repression. There is also some modest evidence that corruption as a proxy for poor governance mediates the sanctions–repression relationship.


2020 ◽  
pp. 106591292091949
Author(s):  
Heather Sullivan

While protests occurring in nationally democratic contexts rarely represent fundamental threats to the central state, they still need management when and where they occur. Thus, this paper suggests that, especially in federal countries, to explain the repression of protest, we must examine subnational politics. Subnational political elites, often tasked with protest management, can engage protesters and call for police restraint, but their capacity and authority affect their ability to carry out these tasks. The paper tests the theory using original event-level data on Mexican protests and responses and leverages within-country variations in democracy and state capacity. The paper shows that where subnational governments have bureaucratic capacity and where citizen linkages to the state cause them to see state agents as relevant, problem-solving authorities, protest events are less likely to be managed using a repressive response. In addition, the paper highlights a key difference between explanations of overall human rights violations and repressive responses to protest, namely, that electoral competition is not a significant factor reducing the likelihood of repressive responses to protest.


2018 ◽  
Vol 61 (1) ◽  
pp. 126-147 ◽  
Author(s):  
Rachel E. Bowen

AbstractCentral America’s Northern Triangle is infamous for high levels of violent crime and human rights abuses, producing “impunity states” in which violence typically goes unpunished. That violence reflects the broader impunity or “transitional injustice” that has persisted since the peace accords and transitions to democracy of the 1980s and 1990s. Several “posttransitional” trials for past human rights violations in recent years in Guatemala were made possible by institutional strengthening efforts in the prosecutorial agency, led by a unique United Nations commission. Significant progress away from broad impunity may also be seen in the 2015 “Guatemalan Spring,” in which a sitting president was forced to resign and submit to prosecution in connection with a corruption scandal. Comparisons of Guatemala, El Salvador, and Honduras suggest that institutional strengthening is necessary before “posttransitional justice,” or an end to impunity more generally, can be possible.


2018 ◽  
Vol 25 (8) ◽  
pp. 945-967 ◽  
Author(s):  
Sarah R. Meyer ◽  
W. Courtland Robinson ◽  
Casey Branchini ◽  
Nada Abshir ◽  
Aye Aye Mar ◽  
...  

We describe human rights violations against migrant workers at the Thailand–Myanmar border, and evaluate differences by gender and industry. This mixed methods study pairs key informant interviews ( n = 40) with a cross-sectional quantitative survey of migrant workers from Myanmar ( n = 589) recruited via respondent-driven sampling. Key informants described significant hazards during migration, including deception, theft, and physical and sexual abuse, the latter primarily for women. Quantitative results confirmed prevalent mistreatment and abuse, with significant gender differences, most notably women’s disproportionate burden of sexual abuse. Current evidence on the nature of experiences, and significant differences by gender, can position prevention and response programming.


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