Regional Human Rights Systems: Indigenous Cultural, Socio-economic and Physical Integrity Rights

Author(s):  
Mark Gibney ◽  
Linda Cornett ◽  
Peter Haschke ◽  
Reed M. Wood ◽  
Daniel Arnon

Although every violation of international human rights law standards is both deplorable and illegal, one of the major advances in the social sciences has been the development of measures of comparative state practice. The oldest of these is the Political Terror Scale (PTS), which provides an ordinal measure of physical integrity violations carried out by governments or those associated with the state. Providing data from the mid-1970s to the present, the PTS scores the human rights practices of more than 190 countries on a scale of 1–5, with 1 representing “best practices” and 5 indicating gross and systematic violations. There are two different sources for these scores: U.S. State Department Country Reports on Human Rights Practices and the Amnesty International Annual Report. Although human rights have traditionally been associated only with the state, individuals can also be denied human rights protection by non-state actors. To measure this, the Societal Violence Scale (SVS) has been created to analyze three sources of physical integrity violations: the individual; corporate or criminal gang activity; and armed groups. As globalization proceeds apace, states have an increased influence on human rights protection in other countries. Unfortunately, human rights data, such as the PTS, analyze only the domestic practices of states. In an effort to better understand the full extent of a state’s human rights performance, the Extraterritorial Obligations (ETO) Report is currently being constructed. The ETO Report will provide an important analysis of state human rights performance when acting outside its own territorial borders.


2014 ◽  
Vol 9 (1) ◽  
pp. 1-30 ◽  
Author(s):  
Sylvie Langlaude

Abstract This article assesses the position of English law concerning parental disputes about the religious upbringing of children. Despite the strong emphasis on both parents being able to direct their child’s religious upbringing, courts have interpreted the child’s welfare to restrict the exposure of the child to parental religious beliefs or practices in some circumstances: preserving the child’s future choice of religion, the physical integrity of the child, the child’s contact and relationship with both parents, the child’s educational choices, and the child’s relationship with both parents’ religious community. It is suggested that courts should have a wide understanding of welfare and should be wary to prohibit parents teaching their minority beliefs. This article also compares the position of the European Court of Human Rights (ECtHR) and suggests that, despite the stronger emphasis by the ECtHR on parental rights, English law is generally not that much at odds with the ECtHR.


Author(s):  
David L. Richards ◽  
Ronald D. Gelleny

This chapter investigates the relationship between economic globalization and government respect for two subcategories of international human rights known as physical integrity rights and empowerment rights. It begins with an overview of different theoretical approaches regarding the relationship between economic globalization and government respect for human rights. It then reviews research findings from the quantitative literature analysing this relationship. It also conducts an original study using quantitative methods to determine whether a developing country's ability to attract foreign direct investment is affected by its level of governmental respect for human rights. The results show that governments that respect their citizens' physical integrity and empowerment rights will be better able to attract foreign economic capital.


2019 ◽  
Vol 6 (2) ◽  
pp. 1-13 ◽  
Author(s):  
Matthew D Hudson-Flege

The popular uprisings of the Arab Spring have had a profound impact in the Arab World and beyond, and numerous researchers and commentators have explored the causes of these events. The present study sought to build upon an empirical exploration of political, economic, and social predictive factors of Arab Spring intensity by incorporating measures of countries' respect for human rights. Ordinal regression analyses found that countries' scores on the Cingranelli-Richards (CIRI) Physical Integrity Rights Index in 2010 significantly predicted levels of unrest experienced during the Arab Spring, such that countries who demonstrated less respect for physical integrity human rights experienced higher levels of unrest during the Arab Spring. The implications for future research and policy are discussed.


Author(s):  
Amanda M. Murdie ◽  
K. Ann Watson

Quantitative human rights scholarship is increasing. New data sets and methods have helped researchers examine a broad array of research questions concerning the many human rights laid out in the United Nations’ 1948 Universal Declaration of Human Rights and related documents. These innovations have enabled quantitative human rights scholarship to better connect to existing qualitative and theoretical literatures and have improved advocacy efforts. Quantitative scholars have primarily operationalized the concept of human rights through the use of four kinds of data: events data (such as counts of abuses or attacks), standards-based data (such as coded scores), survey data, and socioeconomic statistics (such as maternal mortality or malnutrition rates). Each type of data poses particular challenges and weaknesses for analyses, including the biased undercounts of events data and the potential for human error or biases in survey or standards-based data. The human rights field has also seen a systematic overrepresentation of analyses of physical integrity rights, which have fewer component parts to measure. Furthermore, qualitative scholars have pointed out that it is difficult for quantitative data to capture the process of human rights improvement over time. The creation of new technologies and methodologies has allowed quantitative researchers to lessen the impact of these data weaknesses: Latent variables allow scholars to create aggregate measures from a variety of classes of quantitative data, as well as understandings from qualitative scholars, leading to the creation of new measures for rights other than physical integrity rights. New machine learning techniques and algorithms are giving scholars access to greater amounts of data than ever before, improving event counts. Expert surveys are pulling new voices into the data-generating process and incorporating practitioners into data processes that are too often restricted to academics. Experimental studies are furthering the field’s understanding of the processes underlying advocacy. Drawing on the lessons of past work, future scholars can use quantitative methods to improve the field’s theoretical and practical understandings of human rights.


2016 ◽  
Vol 48 (3) ◽  
pp. 767-786 ◽  
Author(s):  
Timothy M. Peterson ◽  
Amanda Murdie ◽  
Victor Asal

Does the attention of human rights organizations limit exports from rights-abusing states? This article examines how naming and shaming by human rights organizations (HROs) conditions the influence of human rights abuse on exports, and argues that human rights abuse alone is insufficient to damage a state’s exports. However, as attention to abuse via HRO shaming increases, abuse has an increasingly negative impact on exports. Importantly, this relationship is also conditional on the respect for human rights among importing states; human rights abuse, even if it is shamed, has no effect when importers are similarly abusive. Empirical tests utilizing gravity models of trade incorporating data on physical integrity rights abuse and HRO shaming in 1990–2008 yield strong support for our expectations.


2021 ◽  
Vol 9 (1) ◽  
pp. 47-70
Author(s):  
Iara Tatiana Bonin ◽  
Darlize Teixeira de Mello ◽  
Liége Freitas Barbosa ◽  
Rosa Maria Hessel Silveira

O artigo objetiva explorar a fecundidade da literatura infantil para a garantia de um atendimento pleno dos direitos humanos envolvidos em situações de refúgio e migração. Para o desenvolvimento do estudo, foram organizados dois eixos principais: no primeiro, analisamos algumas ações e projetos no âmbito nacional e internacional que visam ao acolhimento das crianças refugiadas ou migrantes através da literatura; no segundo, analisamos sete obras literárias recentes que abordam as temáticas das migrações e do exílio articuladas de alguma forma com a temática dos direitos humanos. O estudo buscou inspiração em pesquisadores, como Chambers (2007); Colomer (2012); Colomer; Fittipaldi, 2012; Petit (2012; 2013; 2018) que vêm afirmando a potencialidade das narrativas literárias para favorecer situações de acolhimento. Informações relativas a refugiados/migrantes foram buscadas em informes do ACNUR. No estudo, evidenciamos como as narrativas literárias oferecem a possibilidade de imaginar outros mundos e operar uma abertura para a diferença, que inclua o respeito aos direitos à vida, à integridade física, à segurança e à liberdade.   Derechos humanos, refugiados y migrantes: literatura infantil y Acogimiento El artículo tiene como objetivo explorar la fecundidad de la literatura infantil para la garantía de un atendimiento pleno de los derechos humanos involucrados en situaciones de refugio y migración. Para el desarrollo del estudio, fueron organizados dos ejes principales: en el primero, analizamos algunas acciones y proyectos en el ámbito internacional que visan al acogimiento de los niños refugiados o migrantes a través de la literatura; en el segundo, analizamos siete obras literarias recientes que abordan las temáticas de las migraciones y del exilio articuladas de alguna forma con la temática de los derechos humanos. El estudio buscó inspiración en investigadores como Chambers (2007); Colomer (2012); Colomer, Fittipaldi, 2012; Petit (2012; 2013; 2018) que vienen afirmando la potencialidad de las narrativas literarias para favorecer situaciones de acogimiento. Informaciones relativas a refugiados⁄migrantes fueron buscadas en informes de la ACNUR. En el estudio, evidenciamos cómo las narrativas literarias ofrecen la posibilidad de imaginar otros mundos y operar una apertura para la diferencia, que incluya el respeto a los derechos a la vida, a la integridad física, a la seguridad y a la libertad. Palabras-clave: Derechos humanos. Migración. Refugiados. Literatura infantil.   Human rights, refugees and migrants: children’s literature and hosting This paper aims to explore the productivity of child’s literature as a means to ensure full compliance with human rights in situations of refuge or migration. Two main axes were organized for the development of the study: the first consists of the analysis of projects and actions at the national and international level that aim to welcome refugee or migrant children through literature; the second, seven recent literary works that address the matters of migration and exile articulated with human rights are analysed. This study was inspired by scholars as Chambers (2007); Colomer (2012); Colomer; Fittipaldi, (2012); Petit (2012; 2013; 2018) as they affirm the potentiality of literary narratives to aid in situations of hosting. Information related to refugees and migrants were obtained from UNHCR reports. The study evidences how literary narratives offer the possibility to imagine other worlds and to operate an opening to difference that includes the respect for the rights to life, physical integrity, safety and freedom. Keywords: human rights. migration. refugees. children’s literature.


Author(s):  
David Benjamin Weyrauch ◽  
Christoph Valentin Steinert

AbstractWhy do states’ human rights records converge with co-members in intergovernmental organizations (IGOs)? This study provides new insights on whether interactions in IGOs have the capacity to genuinely transform state preferences or whether norm diffusion is a consequence of instrumental processes. We leverage information about the timing of human rights alignment to disentangle intrinsic from instrumental motives. We hypothesize that instrumental motives find expression in pre-membership alignment and reversions to original normative standards after IGO exits. Intrinsic motives lead to gradual alignment during IGO membership and result in stable normative changes beyond IGO exits. Using varying-slopes, varying intercepts models, we investigate the distance on human rights indices between individual states and IGO means. While we find evidence for systematic convergence during IGO membership, no significant changes occur before and after IGO membership. Testing alignment of different physical integrity rights, we find no evidence for instrumental shifts to clandestine repression during IGO membership. Overall, the results suggest that norm alignment in IGOs is at least not exclusively instrumentally motivated. Our findings support constructivist arguments on state interests and suggest that IGOs are capable of transforming states’ human rights related preferences.


2018 ◽  
Vol 72 (2) ◽  
pp. 460-472 ◽  
Author(s):  
Sam R. Bell ◽  
Svitlana Chernykh

How do human rights violations affect post-election protest? Until recently, post-election protests have been explained primarily by election-related factors such as the level of manipulation and the quality of electoral institutions. We argue that there are three dimensions along which human rights violations influence post-election protest: (1) the physical cost to protesters, (2) the ability to connect the violation to an election outcome, and (3) the ability to connect the repressive action to the government. Using this framework, we identify political imprisonment as the physical integrity right violation most likely to increase the probability of post-election protest. We test our hypotheses empirically with data on all national-level elections in the world between 1982 and 2012. We find that political imprisonment, a violation easily connected to government action and election outcomes, and less costly physically than other physical integrity rights violations, increases the probability of post-election protest.


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