The Dynamics of Domestic Human Rights Implementation: Lessons from Qualitative Research in Europe

Abstract

It is widely acknowledged that the implementation of international human rights judgments is conditioned by domestic factors; yet the means by which judgments exert—or fail to exert—influence on domestic actors and processes is less well understood. This article presents qualitative research undertaken in three European states between 2016 and 2018 to trace the path between selected judgments involving structural or systemic violations and subsequent action by both state and non-state actors. The rich account of the implementation process thereby constructed reveals, in some cases, a direct—and even immediate—causal path between a decision and actions leading to compliance and, in others, a more indirect or uncertain relationship. The article reveals the dynamic and iterative nature of the implementation process, which may at times stall and at other times accelerate and which may be punctuated by extraneous developments that cause the political space for implementation to widen or narrow. It proceeds to examine the strategies employed by actors who either advance or obstruct implementation, and concludes by advocating the formation of the broadest possible compliance ‘partnerships’ in each case, supported by well-functioning domestic structures to coordinate the state’s response.

From international law to subnational practices: How intermediaries translate the Istanbul Convention

“…Along with the proliferation of international HR law (Schmid & Altwicker, 2015), academic scholarship has flourished on the impact of international HR law on the practices of governments (Hafner‐Burton & Ron, 2009; Hafner‐Burton & Tsutsui, 2005), compliance, and the domestic implementation of HR law (Betts & Orchard, 2014; Cole, 2015; Donald et al, 2020; Donald & Speck, 2020; Hillebrecht, 2014; Krommendijk, 2018; Murray & Long, 2022; Risse et al, 2013), domestic institutions (Keller & Sweet, 2008; Risse et al, 1999), and domestic politics (Dai, 2013; Simmons, 2009). In that regard, it has been noted that international HR law can lead to domestic change through a process of socialization whereby pressure on governments comes “from above” and “from below” (Risse et al, 1999, p. 276).…”

Introduction to the Research Handbook on Implementation of Human Rights in Practice

“…33 There is extensive research and literature exploring how civil society organisations (CSOs) can operate at the domestic and international levels, and the impact their activities can make on the political, legal and economic dynamics at play. 34 Supranational bodies, such as the commissions and courts in the Inter-American and African systems, engage CSOs in their mech-anisms on implementation, through hearings, as Edward Pérez and Clara Sandoval's chapter (Chapter 14) explores, and written submissions, presentations at sessions and provision of information. Gaye Sowe and Eric Bizimana in Chapter 5 present perspectives from their Institute for Human Rights and Development in Africa, the leading civil society organisation litigating at the regional level on the African continent, contributing to other literature from those who have experiences in attempting to monitor or implement on the ground.…”

Where the Personal is (Geo)Political: Performing Queer Visibility in Georgia in the Context of EU Association

“…The current government, ruled since 2012 by the Georgian Dream party, has shown ambiguous attitudes vis-à-vis the queer community. By pursuing the path of Euro-Atlantic integration it has been pushed to improve LGBT+ rights legislationalthough commitment is weak and several challenges in implementation remain (Donald and Speck 2020;Interview 10;15). At once, it has flirted with the conservative electorate and failed to condemn religious and farright extremism (Gelashvili 2019;.…”