scholarly journals Respecting Human Rights: Does Treaty Ratification Lead to Compliance?

2012 ◽  
Vol 2 (2) ◽  
pp. 169-179
Author(s):  
Daniel St. Pierre
Keyword(s):  
Human Rights ◽  
International Relations ◽  
International System ◽  
Indigenous Populations ◽  
International Human Rights Law ◽  
Human Beings ◽  
Human Rights Law ◽  
State Compliance ◽  
The Cost

Since the nonbinding Universal Declaration of Human Rights, states have created treaties and conventions to outline what is or is not acceptable regarding the treatment of human beings, with the understanding that if a state signs and ratifies these documents then that state will comply with the principles outlined within it.  Time and again however, compliance, or the lack thereof, has presented as a concern amongst many states, as well as non-state actors.  The issue of compliance is a serious one because it speaks to credibility.  If states do not anticipate compliance from one another it undermines the entire international system and any structure that has been created to address the anarchic nature of international relations will dissolve.  In order to make analysis of this massive issue area manageable, I focus on state compliance with human rights law and more specifically, compliance with the Indigenous and Tribal Peoples Convention 1989, or C169.  Both Brazil and Argentina have signed and ratified C169 and both are democratic with indigenous populations.  Comparing these two states it allows us to better ascertain the circumstances under which states may comply with or defect from international human rights law.  I provide an overview on what rationalist theories suggest about compliance, followed by constructivist views.  I then outline my position before examining the results of the case study and assessing its’ impact as related to both theory and my arguments.  Ultimately, I find that notwithstanding ratification and well-developed democratic institutions that allow for a strong civil society to participate in politics, there are still circumstances wherein a state will defect from a human rights treaty because the gain of doing so outweighs the cost of non-compliance.

scholarly journals Governmental human rights focal points in federal contexts: The implementation of the Istanbul convention in Switzerland as a case study

2021 ◽  
pp. 092405192110169
Author(s):  
Matthieu Niederhauser
Keyword(s):  
Domestic Violence ◽  
Human Rights ◽  
International Law ◽  
International Human Rights Law ◽  
Focal Points ◽  
Human Rights Law ◽  
International Human Rights ◽  
Federal States ◽  
International Human

The implementation of international human rights law in federal States is an underexplored process. Subnational entities regularly enjoy a degree of sovereignty, which raises questions such as whether they implement obligations of international law and how the federal level may ensure that implementation takes place at the subnational level. This article aims to answer these questions, using the implementation of the Convention on Preventing and Combating Violence against Women and Domestic Violence (Convention) in Switzerland as a case study. To implement the Convention at the cantonal level, federal actors decided to use networks of civil servants in charge of domestic violence issues, who act as governmental human rights focal points (GHRFPs). This article is based on original empirical data, on 25 interviews with State officials who participate in this implementation. The findings show how complex GHRFPs networks work in practice to implement the Convention and highlight the role played by numerous non-legal State actors in this process. As a result, the article argues that international human rights law implementation becomes more diversified both within and across federal States.

The Politics of Domestic Implementation of International Human Rights Law

2015 ◽  
Vol 16 (1-2) ◽  
pp. 104-149 ◽  
Author(s):  
Deepika Udagama
Keyword(s):  
Human Rights ◽  
Political Violence ◽  
Social Indicators ◽  
Interesting Case ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Political Factors ◽  
International Human

Domestic application of international human rights law may encounter more serious obstacles than purely doctrinal constraints due to political factors. Sri Lanka offers an interesting case study in that regard. Once a committed democracy with high social indicators, it descended into authoritarianism and political violence a few decades after independence. This article examines the interplay between Sri Lanka’s dualist legal system and its international human rights obligations and points to how the relationship is increasingly being defined by political factors than doctrinal complexities. It argues that in such circumstances remedial action may lie more within the political arena than before legal forums.

scholarly journals Humanity and Human Rights: The Contours of International Law

2017 ◽  
Vol 12 (2) ◽  
Author(s):  
Eyassu Gayim
Keyword(s):  
Human Rights ◽  
International Law ◽  
International Humanitarian Law ◽  
International Human Rights Law ◽  
Humanitarian Law ◽  
Human Beings ◽  
Human Rights Law ◽  
International Human Rights ◽  
Law Of Nations ◽  
International Human

Laws regulate conducts by responding to social and political requirements. This holds true for the law of nations as well. Contemporary international law follows two separate tracks when it comes to regulating human rights and humanitarian questions. If international human rights law and international humanitarian law are intended to protect the dignity and worth of human beings, as it is often said, why follow separate tracks? Does humanity really exist? If it does, how does it relate to human rights? If the two are distinct, where do they converge? This article highlights these questions by revisiting the contours of international law.

Divided governmental structure and state compliance with international human rights law: A reputation-based approach

2021 ◽  
pp. 1-23
Author(s):  
Mintao Nie
Keyword(s):  
Human Rights ◽  
Local Level ◽  
Governance Structure ◽  
Vienna Convention ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
State Compliance ◽  
National Leaders ◽  
International Human

Abstract Previous research has analysed a range of domestic stakeholders that make national governments’ commitments to international human rights law credible, including an independent judiciary, legislative veto players, political opposition groups, and non-governmental organizations. But how do the power dynamics within the government affect state compliance with international human rights law? Building on the basic understanding that international human rights law needs to pass through domestic political and administrative processes before it can be implemented on the ground, this article articulates a reputation-based theoretical framework to explain how the lack of reputational mechanisms at the local level and national leaders’ shifting of blame for non-compliance to sub-national officials and the internal governance structure – two salient characteristics in a decentralized political system – make international human rights law less effective. A case study of US compliance with Article 36 of the 1963 Vienna Convention on Consular Relations sheds light on how international reputational concerns interact with divided authority structure to shape national leaders’ and subnational authorities’ policy responses to the enforcement of international human rights standards.

International Human Rights Law and Practice in Latin America

2000 ◽  
Vol 54 (3) ◽  
pp. 633-659 ◽  
Author(s):  
Ellen L. Lutz ◽  
Kathryn Sikkink
Keyword(s):  
Human Rights ◽  
Latin America ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
International Consensus ◽  
State Compliance ◽  
International Human ◽  
Human Rights Norms ◽  
The Right

Human rights practices have improved significantly throughout Latin America during the 1990s, but different degrees of legalization are not the main explanation for these changes. We examine state compliance with three primary norms of international human rights law: the prohibition against torture, the prohibition against disappearance, and the right to democratic governance. Although these norms vary in their degree of obligation, precision, and delegation, states have improved their practices in all three issue-areas. The least amount of change has occurred in the most highly legalized issue-area—the prohibition against torture. We argue that a broad regional norm shift—a “norms cascade”—has led to increased regional and international consensus with respect to an interconnected bundle of human rights norms, including the three discussed in this article. These norms are reinforced by diverse legal and political enforcement mechanisms that help to implement and ensure compliance with them.

scholarly journals Pemenuhan Hak-Hak Korban Pelanggaran Berat Hak Asasi Manusia di Indonesia

2021 ◽  
Vol 1 (2) ◽  
pp. 112
Author(s):  
Bonaventura Pradana Suhendarto
Keyword(s):  
Human Rights ◽  
Transitional Justice ◽  
East Timor ◽  
International Human Rights Law ◽  
Legal Regulations ◽  
Human Beings ◽  
Human Rights Law ◽  
International Human Rights ◽  
International Human ◽  
The Right

Serious violations of human rights occurred in Indonesia despite Indonesia’s ratification of a number of international human rights law instruments. Victims, including their family and descendants, experiences suffering and loss. Still, there are many victims who haven’t received their rights until now. International law holds states accountable for the victims’ dignity as human beings. This research will examine the fulfillment of the rights of the victims in order to obtain effective and fair remedy and to analyze the application of international human rights law in Indonesia in order to fulfill the rights of the victims of serious violations of human rights. This research was conducted using a sociological juridical approach that collects and analyzes qualitative data. The result shows that the right to truth, the right to justice, the right to reparation and the guarantee of non-repetition are the forms of rights within the framework of transitional justice that must be given to the victims. These rights are interrelated, so they must be fulfilled thoroughly. Indonesia made real efforts to fulfill the rights by establishing a human rights court to resolve the cases of  Timor-Timur (East Timor), Tanjung Priok and Abepura. Another effort is made by establishing legal regulations. In fact, Indonesia only recognizes and regulates some rights. The existing legal regulations have not yet encouraged effective implementation, making them difficult to implement. It is necessary to evaluate and re-conceptualize existing legal regulations so that the rights of victims are fully recognized and easy to apply.

Global Indigenous Rights and Responses

2010 ◽  
Author(s):  
Pat Lauderdale ◽  
Nicholas D. Natividad
Keyword(s):  
Human Rights ◽  
International Law ◽  
Indigenous Peoples ◽  
International System ◽  
Indigenous Rights ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Cultural Economic ◽  
Real Change ◽  
The Individual

The United Nations Permanent Forum on Indigenous Issues estimates that there are over 370 million indigenous people spread across 70 countries worldwide. Practicing unique traditions, they retain social, cultural, economic, and political characteristics that are distinct from those of the dominant societies in which they live. Dialogue and political negotiations with indigenous peoples has a long history that began at least a half a millennium ago when the notion of an inter-national” community and the concept of the nation-state became dominant. Since that time, the concepts of sovereignty, self-determination, rule of law, and human rights have led to the establishment of the frameworks and structures of organization that are now referred to collectively as modern international law. But unlike most modern international human rights law, which emphasizes rights of the individual, indigenous peoples generally think in terms of collective rather than individual rights. Because indigenous peoples’ “law” suggests the importance of collective rights, it renders a culture of responsibility and accountability to the collective. At present, international indigenous rights are a type of superficial bandage, giving the appearance of propriety to the crisis faced by the hegemonic “international system of states.” Therefore, indigenous rights standards propagated by organizations such as the UN currently are largely symbolic. However, they could potentially lead to real change if they are coupled with widespread acknowledgment of the fact that diverse societies exist throughout the world with different forms of social organization and diverse conceptions of law.

A Genuine Islamic Conceptualization of Religious Freedom

2018 ◽  
Vol 15 (1) ◽  
pp. 1-27 ◽  
Author(s):  
Farhood Badri
Keyword(s):  
Human Rights ◽  
International Relations ◽  
Religious Freedom ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Human Right ◽  
Research Perspective ◽  
Islamic Thought ◽  
Comprehensive Picture ◽  
Human Rights Norms

Abstract Departing from a critical norm research perspective, the paper first sketches the need to unveil the Eurocentric and secular bias of International Relations (IR) as a discipline in general and its constructivist norm research program in particular. With regard to human rights norms, and religious freedom in particular, the dominant liberal-secular international human rights law understanding of religious freedom marginalizes religious, and especially, Islamic grounds and understandings of this truly global norm. Indeed, it demonstrates both, the dominant ideational perspective of religious freedom as a Western human right grounded by Western-canonical thinkers, and the limits of accommodating religion and religious voices in IR. In contrast, and against the background of a post-secular IR, the paper seeks to unveil alternative and marginalized bodies of Islamic knowledge for the sake of a more comprehensive picture to be painted by IR. By reconstructing reformist Islamic thought and Islamic ideational perspectives and conceptualizations of religious freedom, the paper seeks to let these voices speak for themselves as truly genuine Islamic contributions to IR. The overall aim is threefold: to theoretically connect critical norm research and post-secular approaches with reformist Islamic thought by conceptualizing ijtihad as religious norm contestation; to unveil the double marginalized character of critical Muslim voices in IR; and finally to paint a broader and more comprehensive picture of Islam and IR by revealing an alternative Islamic genealogy of universal religious freedom.

The Right to Property and Compulsory Land Acquisition in Ghana: A Human Rights Perspective

2019 ◽  
Vol 27 (1) ◽  
pp. 100-125
Author(s):  
Michael Gyan Nyarko
Keyword(s):  
Human Rights ◽  
International Law ◽  
Land Acquisition ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Global Level ◽  
Constitutional Protection ◽  
The Right ◽  
Human Rights Based Approach

Using a human rights-based approach and Ghana as a case study, this article examines the scope and content of the right to property in relation to compulsory land acquisition under international law. It argues that while the exact frontiers of the right to property remain quite uncharted at the global level the vacuum has been filled by the regional human rights systems and soft law. In the context of Ghana, the Constitutional protection of the right to property and quite elaborate rules to be followed during compulsory acquisition have not translated into revision of the compulsory acquisition laws, which remain largely incoherent and inconsistent with the requirements of the Constitution and international human rights law.

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