Regulatory networks and regional human rights governance: a study of the European Network of National Human Rights Institutions

2021 ◽  
pp. 004711782110528
Author(s):  
Corina Lacatus

Transnational regional networks of regulatory bodies play a prominent role in complex systems of human rights governance. Despite their growing importance, we still have much to learn about the roles regional networks play as regulatory stewards in the field of human rights. I draw on the literature about regulatory stewardship to analyse a recently formalised regulatory network operating in Europe – the European Network of National Human Rights Institutions. The analysis proposes a model of global governance for human rights that includes networks of national human rights institutions as intermediaries. Moreover, it draws on some of the main concepts of network analysis to assesses the European network’s development into a ‘network administrative organisation’ and applies the model of regulatory stewardship to analyse the institutional network’s use of hierarchical and managerial stewardship to: support its member institutions; stimulate intra-network communication and learning; gain access to international networks; and to shape the regional human rights agenda.

2018 ◽  
Vol 20 (4) ◽  
pp. 809-826 ◽  
Author(s):  
Corina Lacatus

Regulatory networks are increasingly important actors in multi-level systems of human rights governance. Yet we know little about the role that domestic networks play as intermediaries or about the strategies they use to integrate sub-national human rights institutions to ensure compliance at the local level. We draw on the theoretical literature on orchestration to conceptualise network governance and propose a new intermediary for the human rights governance, the multi-level network, which operates inside one country. We apply this theoretical model to the case of a multi-level network operating at the domestic level in the United Kingdom – Northern Ireland Human Rights Commission, Equality and Human Rights Commission, and Scottish Human Rights Commission. We discuss how the three commissions use the tools of managerial stewardship to facilitate intra-network collaboration and how they engage in hierarchical stewardship to gain access to international networks and take on a leadership role globally and regionally.


Author(s):  
Emilie M. Hafner-Burton

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.


Author(s):  
John Mubangizi

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.


2017 ◽  
Vol 36 (4) ◽  
pp. 385-404 ◽  
Author(s):  
Ryan M. Welch

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.


2018 ◽  
Vol 15 (1) ◽  
pp. 33-50 ◽  
Author(s):  
Emily Julia Kakoullis

AbstractIn its concluding observations for Cyprus, the UN Convention on the Rights of Persons with Disabilities (CRPD) Committee stated that it ‘is concerned about the insufficiency of legal provisions and accessible mechanisms to detect, report, prevent and combat all forms of violence’.1This paper focuses on the independent monitoring obligation Article 16(3) CRPD places on states parties, and discusses the implications of the insufficient implementation of Article 16(3) as it affects adults with intellectual disabilities in Cyprus. It examines the existing monitoring frameworks, explains why they do not meet with Article 16(3) CRPD requirements and explores the relationship of the national human rights institutions (NHRIs) with Article 16(3). This paper enables understanding as to how, despite pre-existing monitoring frameworks in place, no independent monitoring action has been taken since the ratification of the CRPD. It argues that there is an immediate need for measures to achieve the implementation of Article 16(3) and makes recommendations for Cyprus and other states parties.


Author(s):  
Emilie M. Hafner-Burton

This chapter explores how engagement with national human rights institutions (NHRIs) can lead to localization. It first describes the different types of NHRIs, including ombudsmen and human rights commissions, and puts them into perspective. It then considers how NHRIs could actually help localize foreign stewardship for human rights promotion and highlights some of the challenges they present, along with some strategies for navigating those difficulties. It also examines how NHRIs and nongovernmental organizations (NGOs) interact, paying attention to the benefits of cooperation and the problems that arise from an adversarial and even competitive relationship. Compared to NGOs, NHRIs are particularly intriguing because they have formal roles in national governance processes, and thus might be particularly effective conduits between international pressures and national policy and behavior.


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