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Rigorous morality: Norms, values and the comparative politics of human rights.
Tood Landman.
En: Human Rights Quarterly.
Vol. 38, No. 1 (2016)
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Resumen: This article argues that there is a
strong role for empirical analysis to be used to address fundamental
normative questions. Using human rights as an example, the article shows
that the evolution of the international regime of human rights provides
a standard against which country level performance can be both judged
and explained through the application of empirical approaches in
comparative politics. It argues further that different kinds of human
rights measures (events, standards, surveys, and official statistics)
and comparative methods (large-N, small-N, and single-country studies)
offer systematic ways in which to map, to explain, and to understand the
variation in human rights abuse around the world. The comparative
politics of human rights is a prime example of how the "is" of the world
can be used to address the "ought" of international human rights theory
philosophy, and law. The example of human rights analysis in
comparative politics shows a strong role for value-based and
problem-based research that remains systematic in its approach while at
the same time producing outputs that are of public value.
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Big promises, small gains: Domestic
effects of human rights treaty ratification in the member States of the
Gulf Cooperation Council.
Başak Çali, Nazila Ghanea, Benjamin Jones.
En: Human Rights Quarterly.
Vol. 38, No. 1 (2016)
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Resumen: In recent years, the Gulf Cooperation
Council (GCC) States have been increasingly willing to ratify United
Nations human rights instruments. This article examines the underlying
rationales for these ratifications and the limited range and drivers of
subsequent domestic reforms post ratification. Drawing on both a
quantitative analysis of engagement with the UN treaty bodies and
Charter-based mechanisms in over 120 UN reports and qualitative
interviews with over sixty-five government officials, members of civil
society, National Human Rights Institutions, lawyers, and judges from
all six states, this article argues that in the GCC States, UN human
rights treaty ratification results from a desire to increase standing in
the international community. Treaty ratification has limited effects
driven by international socialization and cautious leadership
preferences.
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Uncloaking secrecy: International human rights law in terrorism cases.
Jeffrey Davis.
En: Human Rights Quarterly.
Vol. 38, No. 1 (2016)
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Resumen: When those swept up in counterterrorism
operations try to hold governments accountable for rights violations,
legal secrecy doctrines such as the "state secrets privilege" and
"public interest immunity" frequently derail their efforts. This article
shows the effects of legal secrecy doctrines on efforts to hold
officials accountable for rights violations in counterterrorism cases.
It sets out the limits imposed by international human rights law on
these secrecy doctrines, and it explores how these limits are handled in
US and British courts. Finally, it sets out requirements in order for
legal secrecy practices to comply with international human rights law.
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International human rights norms in Japan.
Petrice R. Flowers.
En: Human Rights Quarterly.
Vol. 38, No. 1 (2016)
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Resumen: Studies of state compliance with
international human rights norms and law often focus on explaining
variation in compliance across two or more states. This article
addresses variation in compliance within one state—Japan. Studying two
different issues in one country means that instead of asking "why do
states comply with international norms," this study asks "when do states
comply with international norms." The article examines two cases— the
International Convention on the Status of Refugees and the Convention
for the Elimination of All Forms of Discrimination Against Women—and
argues that strength of domestic advocates, the degree of conflict
between international and domestic norms, and state desire for
legitimacy accounts for Japan's adoption of and compliance with human
rights agreement.
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Killing by drone: Towards uneasy reconciliation with the values of a liberal state.
Tom Farer y Frederic Bernard.
En: Human Rights Quarterly.
Vol. 38, No. 1 (2016)
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Resumen: The occurrence of a terrorist act
frequently prompts governments to enact a wide array of preventive
measures, some of which grate against human rights norms. Among the most
problematic is targeted killing. Developments in drone technology have
made drones the principal means by which the United States kills
suspected terrorists and have allowed a dramatic expansion of this
lethal measure's use. Since the killing of suspects outside a structured
battlefield or within the context of an interstate war is, by its
nature, a form of summary execution, it is not self-evidently
reconcilable with the human right to life and therefore with the core
values of a liberal state. Nevertheless, we conclude that reconciliation
is at least theoretically possible if drone (or any other form of
targeted) killing is restrained by a process with certain quasi judicial
features in which the totality of the relevant international norms are
consistently applied. The relevant norms are embedded in the law
determining the legitimacy of recourse to force (what lawyers call the
jus ad bellum) and in the body of humanitarian law (essentially the
Geneva Conventions and the Hague Rules), as well as in human rights law
(above all, the International Covenant on Civil and Political Rights
(ICCPR) and interpretations thereof by authoritative institutions).
Without denying the existence of a number of gray areas, we attempt to
illustrate the real-world implications of the normative framework we
propose.
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Reaching the tipping point? Emerging international human rights norms pertaining to sexual orientation and gender identity.
Elizabeth Baisley.
En: Human Rights Quarterly.
Vol. 38, No. 1 (2016)
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Resumen: This article challenges a few assumptions
about emerging international norms pertaining to sexual orientation and
gender identity (SOGI). First, although UN experts and expert bodies
were the first to address SOGI issues at the UN, they have not been the
most progressive. Second, social movement actors have not always been
the most effective norm entrepreneurs. Third, although states are often
accused of failing to take action on SOGI issues, there is a clear,
emerging pattern of state involvement and progress. The norms
constructed by states are less radical than those constructed by UN
experts and civil society organizations, but they are more effective.
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Expanding or diluting human rights? The proliferation of United Nations special procedures mandates.
Rosa Freedman y Jacob Mchangama.
En: Human Rights Quarterly.
Vol. 38, No. 1 (2016)
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Resumen: The United Nations Special Procedures
system was described by former UN Secretary General Kofi Annan as "the
crown jewel" of the UN Human Rights Machinery. Yet, in recent years, the
system has expanded rapidly, driven by states creating new mandates
frequently on topics not traditionally viewed as human rights. This
article explores the connection between forms of governance and the
states voting for and promoting these newer mandates. We explore states'
potential motivations for expanding the system and the impact on
international human rights law. This article forms an important part of
discussions about Special Procedures and rights proliferation.
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El derecho a la tierra de los pueblos originarios en la Argentina de hoy.
Marzia Rosti.
En: Anuario de acción humanitaria y derechos humanos.
(2014)
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Resumen: El ensayo se propone de ilustrar y
reflexionar sobre los derechos de los pueblos originarios a las tierras
ancestrales y a los recursos naturales en Argentina, a la luz de la
legislación vigente y de las políticas prometidas por el Gobierno en
ocasión de las celebraciones del Bicentenario, en mayo 2010. Del
sintético cuadro emerge, primero, una brecha significativa entre el
marco normativo y su implementación y, además, una falta de protección
de los derechos ancestrales por los proyectos agropecuarios, de las
industrias extractivas y mineras promovidos y desarrollados por el
gobierno actual y que son objetivos prioritarios para el crecimiento
económico del país, aunque afecten a un conjunto de derechos indígenas:
Tierras, recursos naturales, alimentación, salud y desarrollo.
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