HR - Chapter 9 & 14: Democracy, Civil Society and the State

The contradictory Role f the state in human rights

Protector

Violator

States seem to be primary protectors, but are the ones to violate them the most

Compliance

The extent to which the states adhere to the rules set by international law

Why the states comply - Realist position

Aligns with their interest

considered a strategy

international treaties on trade and security are more likely to be enforced (clear pros and cons)

Domestic Politics Perspective

executive powers - treaties put power on governments to respond altering the national agendas (likely in - sincere ratifiers, systems where the treaty ratification empowers the executive)

courts - International law becomes enforceable through demestic courts. opportunity for developing pro-rights jurisprudence (strengthens HR overtime). Become sources of interpretation. allows for international law to be used

Bottom-up Mobilization - when do people demand HR? gap, likelihood of success, knowledge (understand their rights), access to resources.

Case Study: Racial Discrimination in the USA

Civil Rights movement and BLM

ICCPR and ICERD are ratified, but there is still a gap

mobilization is essential in claiming rights

provides a framework but effectiveness depends on civil society

Case Study: Demirtas vs Turkey

Wants to be a memeber of the ECHR, but its compliance with the ECtHR has been inconsistent

Demirtas was jailed because he was such an opposing team

president had snap elections to restore majority

Evaded it by putting him in jail

European Court of Human Rights (ECTHR)

Enforcement

Monetary award - state may be awarded to pay to the victim

individual measures - steps state must take to address the state of the victim

general measures 0 broader actions to prevent similar violations

Enforced by committee of ministers and NGOs or HR orgs can report

Evasion

Seemingly comply, but sidesteps