The Domestic Institutionalisation of Human Rights

The Domestic Institutionalisation of Human Rights
Author: Stéphanie Lagoutte
Publisher: Routledge
Total Pages: 167
Release: 2021-08-19
Genre: Political Science
ISBN: 100043477X

This book explores recent developments pointing towards a ‘domestic institutionalisation of human rights’, composed of converging international trends prescribing the setting up of domestic institutions, and the need for a national human rights systems approach. Building on new compliance theories, innovative arrangements have resolutely appeared around the turn of the millennium and some are now legally enshrined in human rights treaties. In their introduction, the editors capture these developments, their main elements and key points of debate. They outline a research agenda aimed at structuring and generating further attention from both academics and practitioners. As a stepping stone, the book singles out the purposeful attempt by the United Nations and others to frame these trends around the concept of ‘National Human Rights System’. The chapters assess various models and cases put forward for such systems. Each chapter highlights the specific forms of institutions being promoted and their intended domestic interactions, and discusses how these institutions are leveraged and strengthened by international bodies. Authors critically review their implications for the future of human rights, paving the way for additional research. The chapters in this book were originally published as a special issue of the Nordic Journal of Human Rights.

The Human Rights State

The Human Rights State
Author: Benjamin Gregg
Publisher: University of Pennsylvania Press
Total Pages: 296
Release: 2016-04-12
Genre: Political Science
ISBN: 0812248058

The nation-state operates on a logic of exclusion: no state can offer citizenship and rights to all people in the world. In The Human Rights State, Benjamin Gregg proposes ways to decouple rights from citizenship, preserving the nation state, in modified form, and allowing human rights to become part of its domestic constitution.

Human Rights, State Compliance, and Social Change

Human Rights, State Compliance, and Social Change
Author: Ryan Goodman
Publisher: Cambridge University Press
Total Pages: 365
Release: 2011-11-14
Genre: Political Science
ISBN: 1139504223

National Human Rights Institutions (NHRIs) – human rights commissions and ombudsmen – have gained recognition as a possible missing link in the transmission and implementation of international human rights norms at the domestic level. They are also increasingly accepted as important participants in global and regional forums where international norms are produced. By collecting innovative work from experts spanning international law, political science, sociology and human rights practice, this book critically examines the significance of this relatively new class of organizations. It focuses, in particular, on the prospects of these institutions to effectuate state compliance and social change. Consideration is given to the role of NHRIs in delegitimizing – though sometimes legitimizing – governments' poor human rights records and in mobilizing – though sometimes demobilizing – civil society actors. The volume underscores the broader implications of such cross-cutting research for scholarship and practice in the fields of human rights and global affairs in general.

Irrational Human Rights? An Examination of International Human Rights Treaties

Irrational Human Rights? An Examination of International Human Rights Treaties
Author: Naiade el-Khoury
Publisher: BRILL
Total Pages: 290
Release: 2020-12-15
Genre: Law
ISBN: 9004439765

In Irrational Human Rights? An Examination of International Human Rights Treaties Naiade el-Khoury pursues the question how effective international human rights treaties really are and offers a discussion on the effects of treaty mechanisms.

Human Rights Obligations of Business

Human Rights Obligations of Business
Author: Surya Deva
Publisher: Cambridge University Press
Total Pages: 451
Release: 2013-11-21
Genre: Business & Economics
ISBN: 1107036879

This book critically evaluates the Ruggie Framework and the Guiding Principles on Business and Human Rights, and investigates the normative foundations as well as the nature, extent and enforcement of corporate obligations for the realisation of human rights.

Definition and Development of Human Rights and Popular Sovereignty in Europe

Definition and Development of Human Rights and Popular Sovereignty in Europe
Author: European Commission for Democracy through Law
Publisher: Council of Europe
Total Pages: 236
Release: 2011-01-01
Genre: Political Science
ISBN: 9789287171344

What role do the people play in defining and developing human rights? This volume explores the very topical issue of the lack of democratic legitimisation of national and international courts and the question of whether rendering the original process of defining human rights more democratic at the national and international level would improve the degree of protection they afford. The authors venture to raise the crucial question: When can a democratic society be considered to be mature enough so as to be trusted to provide its own definition of human rights obligations?

Emerging Regional Human Rights Systems in Asia

Emerging Regional Human Rights Systems in Asia
Author: Tae-Ung Baik
Publisher: Cambridge University Press
Total Pages: 347
Release: 2012-11
Genre: Law
ISBN: 1107015340

Analyses the emerging human rights norms, regional institutions and enforcement mechanisms in Asia.

Social Rights Judgments and the Politics of Compliance

Social Rights Judgments and the Politics of Compliance
Author: Malcolm Langford
Publisher: Cambridge University Press
Total Pages: 547
Release: 2017-03-02
Genre: Political Science
ISBN: 1108211224

The past few decades have witnessed an explosion of judgments on social rights around the world. However, we know little about whether these rulings have been implemented. Social Rights Judgments and the Politics of Compliance is the first book to engage in a comparative study of compliance of social rights judgments as well as their broader effects. Covering fourteen different domestic and international jurisdictions, and drawing on multiple disciplines, it finds significant variance in outcomes and reveals both spectacular successes and failures in making social rights a reality on the ground. This variance is strikingly similar to that found in previous studies on civil rights, and the key explanatory factors lie in the political calculus of defendants and the remedial framework. The book also discusses which strategies have enhanced implementation, and focuses on judicial reflexivity, alliance building and social mobilisation.