Promoting Compliance with Human Rights: The Performance of the United Nations’ Universal Periodic Review and Treaty Bodies

Carraro, Valentina

doi:10.1093/isq/sqz078

Cited by 49 publications

(23 citation statements)

References 61 publications

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“…Several researchers offer different perspectives on how to effectively implement the concept of human rights, such as acculturation (Moscrop, 2014) and the role of IGOs in mediating human rights norms for policy actors with the capacity to implement human rights-friendly policies (Regilme, 2014). External pressure on the public to "internationalize" human rights violations is adequate, particularly in countries with authoritarian governments (Gruffydd-Jones, 2019;Meyer & Thein, 2014;Donelly, 1988;Carraro, 2019). Haglund (2019) claims that institutional designs and judgments by highlegality bodies such as the courts promote human rights, whereas they associated Commission decisions with a higher likelihood of formal complaints.…”

Section: Literature Reviewmentioning

confidence: 99%

Human Rights: An Unenforceable Concept

Tampubolon

2022

Rand. Inter. Social Sci. J.

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This qualitative article analyzes the idea of human rights as inalienable rights. Long before modernity changed the world, it signed many agreements to establish human rights, particularly those governing the boundaries of the authority of leaders and citizens. Although moral assumptions are involved, they have no significant impact on its enforcement. Thus, along with its limited capability, the concept of human rights is solely a decorative element of the constitution and legal framework. Under such circumstances, recognizing the significance of understanding human rights needs an all-out concerted effort, mainly from a universal perspective and a legal enforcement effort. The study seeks to determine why human rights enforcement in Indonesia is ineffective and contrary to the concept of universal human rights. The author employs qualitative research with a descriptive method to address this issue. This research is also desk (library research), as I entirely based it on library data sources on library research. In addition, it employs literature related to the enforcement of Human Rights (HAM) from a legal perspective. This study concludes that human rights enforcement in Indonesia is weak because of flaws in the law and the state's lack of political will to enforce human rights and obligations. These changes include ensuring that the enforcement of human rights is absolute and not influenced by political perspectives and motivations and thus guarantees human freedom. The author suggests that establishing a more effective institution and agency is a more critical step in the coming years.

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Section: Literature Reviewmentioning

confidence: 99%

Human Rights: An Unenforceable Concept

Tampubolon

2022

Rand. Inter. Social Sci. J.

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“…There are a number of ways to describe the theoretical traditions that inform research in this area, Simmons (2009, p.275) notes at least nine. Carraro (2019) summarises them down to three in Table 1 below.…”

Section: What Drives Compliance?mentioning

confidence: 99%

“…Some research notes the importance of political pressure, NGO involvement, and elite socialisation within the UN's internal reporting procedures. Carraro (2019) looks at the extent to which two United Nations human rights mechanisms-the Universal Periodic Review (UPR) and the state reporting procedure of the treaty bodies-are perceived as capable of stimulating compliance with human rights. The author conducted 40 semi-structured interviews and an online survey with diplomats and experts who are directly involved in these two mechanisms.…”

Section: Cardenasmentioning

confidence: 99%

“…The study finds that, according to the interviewees, the UPR more effectively drives compliance because it allows the active involvement of NGOs in the process, and because recommendations for human rights improvements come from individual countries rather than experts: "Recommendations in the UPR are not endorsed by all UN states participating in the review, but are exclusively attributed to the country issuing them. Hence, they take the form of bilateral recommendations, which has strong political implications: accepted UPR recommendations become political commitments between countries" (Carraro, 2019(Carraro, , p.1090.…”

Section: Cardenasmentioning

confidence: 99%

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Drivers of Compliance with International Human Rights Treaties

Hicks¹

2021

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Are international human rights treaties associated with better rights performance? The appetite for a conclusive answer has driven a number of large scale quantitative studies that have broadly shown little or no effect, and sometimes even a backsliding. However, the headline conclusions belie much more complicated findings, and the research methods used are controversial. These issues undermine confidence in the findings. Comparative and individual case studies allow for more detailed information about how domestic human rights activists use international human rights laws in practice. They tend to be more positive about the effect of treaties, but they are not as systematic as the quantitative work. Some indirect measures of treaty effect show that the norms contained within them filter down into domestic constitutions, and that the process of human rights reporting at the UN may be useful if dialogue can be considered an a priori good. It is likely that states are driven to comply with human rights obligations through a combination of dynamic influences. Drivers of compliance with international law is a major, unresolved question in the research that is heavily influenced by the worldview of researchers. The two strongest findings are: Domestic context drives compliance. In particular: (1) The strength of domestic non-governmental organisations (NGOs), and links with international NGOs (INGOs), and (2) in partial and transitioning democracies where locals have a reason to use the treaties as tools to press their claims. External enforcement may help drive compliance when: (1) other states link human rights obligations in the treaties to preferential trade agreements, and (2) INGOs ‘name and shame’ human rights violations, possibly reducing inward investment flows from companies worried about their reputation. Scholars also identify intermediate effects of continued dialogue and norm socialisation from the UN’s human rights reporting processes. Interviews with diplomats involved in UN reporting say that the process is more effective when NGOs and individual governments are involved.

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“…Valentina Carraro (2019) has identified the strength of each type of these institutions. In the case of non-conventional mechanisms, the most important one is the Human Rights Council, which, through its main monitoring process, (Universal Periodic Review) can publicly generate certain kind of pressure to the states.…”

Section: A Brief Introduction To the United Nations Human Rights Systemmentioning

confidence: 99%

Human Rights in the Digital Era: Challenges and Opportunities From the United Nations Human Rights System

Iza¹

2021

MALIM

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One of the most important changes in our era is the ones promoted by the digital technology, which has meant a challenge in the promotion of human rights. Not only do we talk about the vulnerability to privacy, but also the possible biases of algorithms and other risks that represent potential violations to human rights. International organizations, such as the United Nations, have taken this issue in their hands, although the lack of development of norms regarding digital technology and human rights. The main objective of this paper is to analyze the way the non-conventional and conventional mechanisms of the United Nations Human Rights System have treated this issue. Through a document review, some actions and interpretations made by these will be analyzed, in order to determine some opportunities and challenges in the way the United Nations has approached to this issue. Keywords: United Nations; Human rights; Digital technology

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Promoting Compliance with Human Rights: The Performance of the United Nations’ Universal Periodic Review and Treaty Bodies

Cited by 49 publications

References 61 publications

Human Rights: An Unenforceable Concept

Human Rights: An Unenforceable Concept

Drivers of Compliance with International Human Rights Treaties

Human Rights in the Digital Era: Challenges and Opportunities From the United Nations Human Rights System

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