Subnational State Capacity and the Repression of Protest: Evidence from Mexico

2020 ◽  
pp. 106591292091949
Author(s):  
Heather Sullivan
Keyword(s):  
Human Rights ◽  
Problem Solving ◽  
State Capacity ◽  
The State ◽  
Human Rights Violations ◽  
Political Elites ◽  
Central State ◽  
Level Data ◽  
State Agents ◽  
Original Event

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.

scholarly journals Disparity in Human Rights Violations: A Political and International Law Perspective

2016 ◽  
Vol 2 (3) ◽  
pp. 349
Author(s):  
Aidir Amin Daud
Keyword(s):  
Human Rights ◽  
International Law ◽  
Rational Solution ◽  
Double Series ◽  
Mass Murder ◽  
The State ◽  
Human Rights Violations ◽  
Natural Right ◽  
International Court ◽  
Political Interests

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.

Derecho Internacional Humanitario, Jurisdicción Penal Militar y Responsabilidad del Estado por violación a los Derechos Humanos. Un comentario a la Sentencia de la Corte Interamericana de Derechos Humanos «Masacre de Santo Domingo vs. Colombia»

2013 ◽  
pp. 149-164
Author(s):  
Jorge Ernesto ROA ROA
Keyword(s):  
Human Rights ◽  
Structural Features ◽  
The State ◽  
Human Rights Violations ◽  
Humanitarian Law ◽  
Santo Domingo ◽  
Military Conflict ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Derechos Humanos

LABURPENA: Kasuen ikerketa-metodologia erabiliz, Santo Domingo vs. Kolonbia epaiari buruzko iruzkinean, nagusiki, inter-amerikar esparruko giza eskubideen babesari lotutako egiturazko alderdiak aipatzen dira; besteak beste, eta bereziki: nola erabiltzen duen Inter-amerikar Auzitegiak Nazioarteko Zuzenbide Humanitarioa barne-gatazka armatuetako egoeretan; zer erlazio dagoen zigor-jurisdikzio militarraren eta Indar Armatuetako kideek egindako giza eskubideen urraketen ikerketaren artean; zein diren Estatuaren erantzukizuna aitortzeko egintzetarako baldintzak, eta zer elkarreragin dagoen nazioetako eta nazioarteko instantzia judizialen artean giza eskubideen urraketen ordainaz den bezainbatean. Egokiera-arrazoiengatik, alde batera utziko da Kolonbiako Estatuak urratu zituen Amerikar Konbentzioko eskubideetako bakoitzari buruz Giza Eskubideetarako Nazioarteko Auzitegiak erabakitakoaren azterketa. RESUMEN: Mediante la aplicación de la metodología de estudio de caso, el comentario a la Sentencia Santo Domingo vs. Colombia se centra en aspectos estructurales sobre la protección de los derechos humanos en el ámbito interamericano, en especial, el uso que la Corte Interamericana hace del Derecho Internacional Humanitario en situaciones que se producen en contextos de conflictos armados internos, la relación entre la jurisdicción penal militar y la investigación de las violaciones a los derechos humanos cometidas por miembros de las Fuerzas Armadas, los requisitos de los actos de reconocimiento de la responsabilidad del Estado y la interacción entre las instancias judiciales nacionales e internacionales en materia de reparación de violaciones a los derechos humanos. Por razones de oportunidad, se prescinde del análisis del pronunciamiento de la Corte IDH sobre cada uno de los derechos de la Convención Americana que fueron violados por el Estado de Colombia. ABSTRACT: By means of the problem based learning methodology, the analysis of the judgment Santo Domingo vs. Colombia focuses on structural features of the human rights protection within the Inter-American area, specially, the use made by the Inter-American Court of International Humanitarian Law in situations within contexts of internal military conflict, the relationship between military criminal jurisdiction and the investigation of human rights violations committed by Army forces, the requirements of the acts of recognition of the State responsibility and the interaction between the national and international judicial instances regarding the redress for human rights violations. For reasons of practical expediency, we will not analyze the judgment by the Inter-American Court on each of the rights of the American Convention breached by the State of Colombia.

Functions of compensation for human rights violation in international and national judicial decisions

2021 ◽  
Vol 11 (1) ◽  
pp. 81-101
Author(s):  
Dmitry Kuznetsov
Keyword(s):  
Human Rights ◽  
Effective Means ◽  
National Court ◽  
Case Law ◽  
The State ◽  
Customary Law ◽  
Human Rights Violations ◽  
Complex Nature ◽  
European Court ◽  
International Responsibility

When establishing human rights violations committed by the state, should it be violation of internationally protected rights or constitutional rights, the violator is obliged to compensate for the harm caused. In the meantime, neither international sources, nor national legal acts and case law answer the question whether the obligation to compensate is exhausted by the compensation awarded in accordance with a decision of an international judicial body or such a payment has punitive nature, and the state keeps the obligation to compensate the damage within the frameworks of national proceedings. Following the first part of opening remarks the second part of the article studies universal international law approach towards the state obligation to compensate for human rights violations, it reviews positions of the International Court of Justice, the model established in international customary law of international responsibility. The third part discusses the compensation mechanism of the European Court of Human Rights and a number of cases where the Russian Federation was the respondent state. The forth part considers national regulation of the Council of Europe states and case law thereof. The author argues that the established international case law in respect of awarding compensations for human rights violations is too restrictive – it does not take into account a complex nature of this phenomenon which includes both correction of the individual applicant situation (restitution of the pre-existed situation) and prevention of similar situations in the future. It is concluded that awarding the compensation by an international body primarily constitutes a measure of international responsibility whereas consideration by a national court is a more effective means of restitution of the applicants rights and that the national court shall not deny consideration of applicants claims due to the fact that they have already been awarded compensation by the international judicial body including the European Court of Human Rights.

Dealing with international crimes in post-war Bosnia: A look through the lens of the affected population

2012 ◽  
Vol 9 (5) ◽  
pp. 553-564 ◽  
Author(s):  
Nicholas A. Jones ◽  
Stephan Parmentier ◽  
Elmar G.M. Weitekamp
Keyword(s):  
Human Rights ◽  
Population Based ◽  
Political Transition ◽  
Human Rights Violations ◽  
Political Elites ◽  
International Crimes ◽  
Local Populations ◽  
The Past ◽  
Post Conflict ◽  
Post War

Debates about serious human rights violations and international crimes committed in the past appear during times of political transition. New political elites are confronted with fundamental questions of how to seek truth, establish accountability for offenders, provide reparation to victims, promote reconciliation, deal with trauma and build trust. ‘Transitional’ or ‘post-conflict justice’ is most often managed by elites, national and international, while the views and expectations of the local populations are rarely taken into account. Population-based research can yield deep insights into strategies and mechanisms for dealing with the crimes of the past. This paper reports on the major findings of a study in Bosnia and on the factors that may contribute to trust and reconciliation in the country.

Çiçek v. Turkey

2001 ◽  
Vol 12 (1-2) ◽  
pp. 85-91
Keyword(s):  
Human Rights ◽  
Mental Distress ◽  
Use Of Force ◽  
The State ◽  
Human Rights Violations ◽  
Right To Life ◽  
The Face ◽  
Effective Remedy ◽  
The Right

The State was responsible and had not provided any explanation of what occurred after persons were taken into detention and had not attempted to justify the lethal use of force, causing a violation of the right to life. State authorities are obligated to conduct some form of effective official investigation when individuals are killed as a result of the use of force. The uncertainty, doubt and apprehension which a mother of victims of grave human rights violations and herself the victim of the authorities' complacency in the face of her distress had suffered over a prolonged and continuing period of time had undoubtedly caused her severe mental distress and anguish. The authorities are required to take effective measures to safeguard against the risk of disappearance and to conduct a prompt effective investigation into an arguable claim that a person had been taken into custody and had not been seen since. Where the relatives of a person has an arguable claim that the latter had disappeared at the hands of the authorities, the notion of an effective remedy entailed, in addition to the payment of compensation where appropriate, a thorough and effective investigation capable of leading to the identification and punishment of those responsible.

scholarly journals Constraining Cooperation: Military Relations and Government Repression

2020 ◽  
Author(s):  
Vito D'Orazio
Keyword(s):  
Human Rights ◽  
Political Campaigns ◽  
The State ◽  
Human Rights Violations ◽  
Security Cooperation ◽  
Military Cooperation ◽  
Liberal Democracies ◽  
Military Relations ◽  
Opposition Movements ◽  
The Military

Sometimes states repress political campaigns harshly, and sometimes they do not. Why? I argue that military cooperation with liberal democracies constrains the state from using severe forms of repression against opposition campaigns. Liberal democracies face costs for human rights violations by their friends, and are likely to coerce the military from repressive actions. Such interconnectedness also socializes the military with democratic militaries that have strong norms against the use of widespread and excessive repression. However, the military is not the only repressing agency, and therefore this constraint does not act to prevent repression but rather to limit its severity. This theory is tested using the NAVCO data and a new, latent measure of military cooperation. I find that military cooperation with liberal democracies does not prevent the state from repressing opposition movements, but it does limit the severity. This finding provides evidence of one benefit to expanding multinational security cooperation initiatives involving liberal democracies.

scholarly journals Perlindungan Hak Asasi Manusia terhadap Narapidana Narkotika Sebagai Warga Binaan Pemasyarakat Menurut Undang-Undang Nomor 12 Tahun 1995 Tentang Pemasyarakatan

Wajah Hukum ◽  
2019 ◽  
Vol 3 (2) ◽  
pp. 192
Author(s):  
Sigit Somadiyono ◽  
Nella Octaviany Siregar
Keyword(s):  
Human Rights ◽  
Daily Life ◽  
Correctional Officers ◽  
The State ◽  
Human Rights Violations ◽  
Daily Lives ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Human Rights Act ◽  
The Government

This research specifically discusses the human rights of prisoners as prisoners in prison, which in their daily lives must be respected, upheld and protected by the state, the law (in this case the Penitentiary Act to be in line with the Human Rights Act), the government through the apparatus is correctional officers and fellow inmates. Prisoners in their daily life can make mistakes and lives that are in contact with human rights violations. The object of this research is the human rights of inmates as prisoners in prison (WBP). The formulation of the problems in this study are (1) How are the human rights protection arrangements for prisoners in prison according to Law Number 12 of 1995; and (2) How is the implementation of human rights protection for narcotics prisoners in prison in East Tanjung Jabung Regency. This study uses Law Number 12 of 1995 Concerning Corrections and other derivative regulations. The results showed that there were differences in the implementation of human rights protection for prisoners with Law Number 12 of 1995 Concerning Corrections. 

scholarly journals Alternatif Untuk Meminimalisasi terhadap Pelanggaran HAM dalam Penegakan Hukum Pidana

Wajah Hukum ◽  
2020 ◽  
Vol 4 (1) ◽  
pp. 116
Author(s):  
Ryan Aditama
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Social Status ◽  
Social Inequality ◽  
Criminal Law ◽  
The State ◽  
Human Rights Violations ◽  
Cultural Understanding ◽  
State Apparatus ◽  
History Of

Related to the general provisions of Law No. 39 of 1999 concerning Human Rights, which states that the beginnings of the history of the Indonesian nation to date have recorded various problems including: suffering, misery and social inequality, resulting from unjust and discriminatory acts and actions on ethnic, racial, cultural understanding, language, color, skin, and religion, as well as class, gender, and even social status and others. These unjust and discriminatory acts are included in violations of human rights, both vertically "carried out by the state apparatus itself to citizens or even vice versa" or those that are horizontal "ie between citizens themselves" and do not allow those included in the category for gross violations of the conception of human rights (grossviolation of human rights). This alternative to minimize human rights violations in criminal law enforcement is an effective way to reduce the number of human rights violations in Indonesia.

scholarly journals Eritrea and the Migration Dilemma in the Horn of Africa

2018 ◽  
Vol 5 (1) ◽  
Author(s):  
Elizabeth Stark
Keyword(s):  
Human Rights ◽  
The State ◽  
Human Rights Violations ◽  
Legal Institutions ◽  
Horn Of Africa ◽  
Stepping Stone ◽  
Shared History ◽  
Shared Culture ◽  
The Way

The state of Eritrea is gradually losing its population. A variety of human rights violations including mandatory indefinite conscription is contributing to many Eritrean citizen’s choice to flee. Those that do flee, tend to go to Sudan or Ethiopia as there is a long historical and cultural connection between the three countries. Additionally, Sudan and Ethiopia have a variety of laws and institutions in place to help the various refugees they take in. However, while there is this legislation, refugees are still vulnerable segments of the population that face many troubles. This shared history, culture and the legal protections afforded to refugees, are some of the reasons why Eritreans choose to flee to Sudan or Ethiopia. Some refugees use Sudan and Ethiopia as a stepping stone on the way to Europe, this shared culture and history provides them of a taste of home while attempting to flee to a better life and the legal institutions offer them protection whether they choose to Sudan and Ethiopia or continue on their journey to Europe.

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