scholarly journals Enforcing Your Own Human Rights? The Role of Social Norms in Compliance with Human Rights Treaties

2020 ◽  
Vol 8 (1) ◽  
pp. 184-193 ◽  
Author(s):  
Violet Benneker ◽  
Klarita Gërxhani ◽  
Stephanie Steinmetz
Keyword(s):  
Human Rights ◽  
Social Norms ◽  
Qualitative Analysis ◽  
Strong Support ◽  
Important Process ◽  
Qualitative Evidence ◽  
Human Rights Treaties ◽  
Quantitative Results ◽  
The Relationship

Although scholars are increasingly able to explain why states (do not) comply with human rights treaties, the role of social norms in compliance has been neglected. This is remarkable because human rights often directly address social norms. Our study aims to contribute to the existing literature by providing quantitative and qualitative evidence on the relationship between citizens’ social norms and compliance with human rights treaties. The quantitative results provide strong support for such a relationship. The findings from the additional qualitative analysis suggest that bargaining over (and thus changing) social norms is an important process through which compliance with human rights can be influenced.

Principles of National Constitutionalism limiting Individual Claims in Human Rights Law

ICL Journal ◽  
2013 ◽  
Vol 7 (1) ◽  
Author(s):  
Paul De Hert ◽  
Stefan Somers
Keyword(s):  
Human Rights ◽  
Church And State ◽  
Freedom Of Religion ◽  
Proper Function ◽  
Religious Conflicts ◽  
European Court ◽  
Margin Of Appreciation ◽  
Human Rights Treaties ◽  
The Relationship

AbstractThe scope of the fundamental right to freedom of religion has been broadly dis­cussed in recent jurisprudence and doctrine. Doctrine has however paid little attention to the role of constitutionalism and its principles such as this of the separation of church and state and the division of power. These principles are often not mentioned as such in inter­national human rights treaties. Does this mean that they are irrelevant in human rights adjudication?This article addresses the proper function of constitutionalism in human rights jurisprudence and in settling religious conflicts more in general. The Lautsi judgment of the European Court of Human Rights is used as a trigger to look at the relationship between religion, constitutionalism and human rights, and at the legitimacy of supranational courts. The article argues that international human rights jurisprudence must take national consti­tutionalism and its principles into account when dealing with the freedom of religion, even when those principles are not explicitly enshrined in human rights treaties. For this the use of the margin of appreciation seems to be appropriate.

The Obligation to Afford Reparation to Injured Individuals

2017 ◽  
Author(s):  
Carla Ferstman
Keyword(s):  
Human Rights ◽  
International Law ◽  
International Organizations ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Human Rights Treaties ◽  
The Law ◽  
The Right ◽  
Right Of Access ◽  
The Relationship

This chapter considers the consequences of breaches of human rights and international humanitarian law for the responsible international organizations. It concentrates on the obligations owed to injured individuals. The obligation to make reparation arises automatically from a finding of responsibility and is an obligation of result. I analyse who has this obligation, to whom it is owed, and what it entails. I also consider the right of individuals to procedures by which they may vindicate their right to a remedy and the right of access to a court that may be implied from certain human rights treaties. In tandem, I consider the relationship between those obligations and individuals’ rights under international law. An overarching issue is how the law of responsibility intersects with the specialized regimes of human rights and international humanitarian law and particularly, their application to individuals.

The role of social norms in the relationship between anti-smoking advertising campaigns and smoking cessation: a scoping review

2020 ◽  
Vol 35 (3) ◽  
pp. 179-194
Author(s):  
Joanne Dono ◽  
Caroline Miller ◽  
Kerry Ettridge ◽  
Carlene Wilson
Keyword(s):  
Smoking Cessation ◽  
Social Norms ◽  
Scoping Review ◽  
Social Norm ◽  
Significant Heterogeneity ◽  
Mass Media Campaign ◽  
Media Campaign ◽  
Theoretical Understanding ◽  
The Relationship

Abstract A systematic scoping review of anti-smoking mass media campaign literature provided opportunity to explore how social normative theories and constructs are used to influence smoking cessation. Synthesis of findings was constrained by significant heterogeneity. Nevertheless, the results indicate that a broader conceptualization of social norm is worthy of further exploration. Perceptions of what others think and do contributed in multiple ways to the relationship between anti-smoking messaging and quitting outcomes. Furthermore, integrating research on social norms, social identity and communication may improve understanding of why quitting intentions are enhanced in some circumstances but reactance and counter-arguing responses corresponding to lower quitting intentions occur in others. Integrating a broader theoretical understanding of normative influences into campaign development and evaluation may prove useful in demonstrating the effectiveness of this approach in behaviour change campaigns.

Balancing of Values and the Value of Balancing (Part One)

2021 ◽  
pp. 13-24
Author(s):  
Gadis A. Gadzhiev ◽  
◽  
Elena A. Voinikanis ◽  
Keyword(s):  
Human Rights ◽  
Critical Issue ◽  
Specific Mode ◽  
Constitutional Order ◽  
Basic Law ◽  
The Relationship

The article discusses the specific mode of existence of values – balancing or op­timization when it comes to deontological values. The authors using examples of values such as the principles of law and human rights, the rules of balancing are analyzed, which, according to G. Hart's classification, are secondary norms. The critical issue for the legal balancing procedure is the relationship between legal reality and values as such. Are the constitutional and legal values set by the Basic Law (Constitution), or do they objectively exist in society as a general (pre-constitutional) order of values? Should the Basic Law be confined to its own text and remain value-neutral in this sense? Are legal values purely deonto­logical, or can they be related to utilitarian goals and interests? The second part of the article explores the value of balancing as one of the methods for resolving the most complex legal conflicts. The well-known dispute between J. Habermas and R. Alexy about the admissibility of balancing of human rights demonstrates how complex and philosophically rich the legal balancing procedure is. Based on Luhmann’s concept of the cognitive openness of law, at the end of the article, the authors substantiate their own position on the role of values in modern justice.

scholarly journals The Logic and Normative Force of Dual-Character Generics: Towards a Theoretical Model for the Study of Normatively Shifted Predications

2020 ◽  
Vol 61 (1) ◽  
pp. 113-126
Author(s):  
Aleksandra Kowalewska-Buraczewska
Keyword(s):  
Social Norms ◽  
Noun Phrases ◽  
Decision Making Process ◽  
Special Focus ◽  
Social Constructs ◽  
Normative Force ◽  
Social Kinds ◽  
Dual Character ◽  
The Relationship

AbstractThis paper investigates the relationship between generic statements and the expression, transmission and persistence of social norms. The author presents the concept of normativity and its importance in the decision-making process in the context of social reality and social norms that comprise it (Bicchieri, 2006, 2016; Bicchieri et al., 2018). The paper analyses the idea of “what is normal” (Haslanger, 2014) to show how social norms are triggered by particular generic constructions relating to “social kinds”, represented by noun phrases denoting “dual character concepts” (Knobe et al., 2013; Prasada et al., 2013; Leslie, 2015). DCCs are shown as effectively serving their persuasive and explanatory function due to their polysemous nature (Leslie, 2015) rather than to different pragmatics (Leslie, forthcoming). Special focus is placed on gender terms as particularly salient social kinds; this salience can be explained by a culturally pivotal role of social constructs of manhood and womanhood and by linguistic potential of generics in the development of social beliefs and legitimizing norm-driven behaviours.

The gypsy’s lot: myth and reality

2017 ◽  
Author(s):  
Robert Jago
Keyword(s):  
Human Rights ◽  
Legal System ◽  
Lived Experiences ◽  
European Court ◽  
The Law ◽  
The Uk ◽  
The Relationship

This chapter focuses on the lived experiences of gypsies (collectively referred to as gypsies rather than Roma or travellers). The author argues that the relationship between the legal system and the specific lifestyle of this group is itself causing many tensions which cannot be separated from the long-held myths about gypsies. Jago shows how the standing of gypsies in the UK legal system has, in turn, become the object of various myths. He demonstrates how judgements by the European Court of Human Rights in favour of gypsy claims created in many an image of the law being always on the side of the gypsy. A perception which Jago demonstrates is far from true. After addressing the nature and role of myths in general the author illustrates the tension between positive, romanticised myths about the freedom of gypsy lifestyle and three derogatory myths, namely gypsies as "child-snatchers", as thieves and as "land grabbers". Jago illustrates that these myths are linked to deep-rooted beliefs around property and its ownership.

The Role of Locally Produced and Digitally Animated Cartoons in the Process of Acquisition of Social Values

2019 ◽  
pp. 195-208
Author(s):  
Pınar Özgökbel Bilis ◽  
Ali Emre Bilis
Keyword(s):  
Qualitative Analysis ◽  
Social Values ◽  
Moral Values ◽  
Analysis Method ◽  
Television Channel ◽  
The Social ◽  
The Media ◽  
The Relationship

Television channels for children contain many cartoons and programs. These productions reach the viewers via both the television and the channel's official website. TRT Çocuk, broadcasting for children as a government television channel, presents many locally produced animated cartoons to the viewers. A product of the modern and digital technology, these locally produced cartoons carry importance in terms of transfer of social values. This study focuses on locally produced animation cartoons that have an important potential especially in the transfer of national and moral values. Determination of values conveyed via cartoons that bear importance in the transformation of television into an educational tool allows the media and child relationships to become visible. This work aims to examine the relationship between media and values by defining the concept of “value.” After creating a corporate frame, the study brings to light the social values conveyed in locally produced cartoons aired on TRT Çocuk television channel via qualitative analysis method.

Human Rights in Germany – A View from Germany's National Human Rights Institution

2016 ◽  
Vol 44 (1) ◽  
pp. 50-58
Author(s):  
Beate Rudolf
Keyword(s):  
Human Rights ◽  
Added Value ◽  
International Human Rights Law ◽  
Persons With Disabilities ◽  
The Right To Privacy ◽  
National Human ◽  
Human Rights Treaties ◽  
Protection Of Human Rights ◽  
The Right ◽  
The Relationship

AbstractThis paper discusses the protection of human rights in Germany through the interplay of constitutional law and international human rights law. It also explores the relationship between specialized human rights treaties on the rights of women, children, and persons with disabilities with “general” human rights treaties and their added value. It will highlight current human rights issues, such as the treatment of refugees, the protection against racist discrimination, and the right to privacy in the digital age.

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