The local diffusion of international human rights norms – understanding the cities for CEDAW campaign

While the international human rights norm literature has revolved mainly around the diffusion and implementation of human rights at the national and global level, less is known how international human rights norms are adopted on the local level. To fill this gap, this article will focus on the Cities for Convention on the Elimination of all forms of Discrimination Against Women (CEDAW) campaign which encourages cities in the United States to adopt ordinances incorporating principles set forth by UN CEDAW. This article will analyze how the Cities for CEDAW campaign frames international gender norms to make them relevant in local contexts. Drawing on original interviews with Cities for CEDAW activists, this article will further our understanding how local human rights activists can utilize international human rights treaties to integrate human rights norms on the local level.     

Becoming aware of the grand social challenges: how an international and interdisciplinary educational context may broaden students’ perspectives on human rights and public health

ABSTRACT

The understanding of contemporary social problems and challenges in an international and national perspective is a significant issue for social work because of globalisation and social problems are too complex to handle by single actors themselves. The need for interdisciplinary and interprofessional collaboration is important. This paper focuses on experiences from an Erasmus Intensive Programme with the title Human Rights, Public Health and Social Service Challenges on Local Government in the Nordic-Baltic Sea Area. Social work students from different countries interacted with students from other disciplines such as political science, psychology and economy to discuss common challenges and solutions in this field. The analysis of the findings shows students reflect upon human rights issues as universal rights and how challenges presented by contextual differences in preconditions for everyday life between the countries, are reflected from different disciplines/professional perspectives. The paper argues that international and interdisciplinary programmes, where students get the opportunity to meet and to work with overarching and transnational issues, have a great potential for engaging students in global development in a rapidly changing world.     

What is a global field? Theorizing fields beyond the nation-state

While scholarship on global and transnational fields has been emerging, hitherto contributions have rarely or not explicitly discussed how Bourdieu's field theory has to be altered when its use expands from a national to a global scale. Starting from the premise that a global field is not a national field writ large, this paper discusses strategies and elements for revising field theory for use beyond national borders. Specifically, the article first proposes analogical theorizing as a systematic approach for extending and modifying the tools of field theory at a global level. Analogical theorizing offers a method for constructing the object in a global context in a way that goes beyond rescaling and minimizes the risk of deductive reification. Against this background and drawing from research on the global visual art field, the article offers criteria for delineating a global field and distinguishes relative functional and vertical autonomy. Finally, it discusses how the concept of ‘relative vertical autonomy’ contributes in three ways to the development of global field analysis: for theorizing emergence; examining global-national interdependencies; and denationalizing Bourdieu's concept of ‘national capital’.     

Political cultures and transnational social fields: Chileans,Colombians and Canadian activists in Toronto

We offer an institutional analysis of Chilean and Colombian transnational politics in Toronto to account for cross‐group variation in transnational political practices and the formation of different types of transnational social fields of political action. The article is based on interviews conducted with Chilean and Colombian community activists and Canadian refugee rights and social justice activists. We use the concept of political culture to account for differences in Chilean and Colombian transnational politics and to explain the different kinds of relationships the two groups have developed with non‐migrants. We introduce the concept of activist dialogues, understood as patterns of strategic political interaction between groups, to characterize how migrants and non‐migrants read and navigate their interlocutors' ways of doing politics. We argue that variation in the character of activist dialogues results in different types of transnational social fields of political action. Chilean–Canadian activist dialogues reflect a convergence of political cultures and strategies of action; Colombian–Canadian activist dialogues are marked by a relationship in which there is a divergence of strategies of action. Convergent dialogues produce thicker and more stable transnational social fields. Divergent dialogues are associated with a series of ad hoc initiatives, the absence of stable and strongly institutionalized partnerships, and a thinner transnational social field of political action.     

Transnational Normative Struggles and Globalization: The Case of Indigenous Peoples in Bolivia and Ecuador

Since the 1990s, the indigenous rights movement has catapulted from resource-poor, local activists to global activists. The rise of transnational indigenous rights movements has paralleled and interfaced with significant structural developments at the international and state-systemic level, raising questions about the interplay between global and local politics as arenas of social change. To trace these transnational networks to the articulation of norms supportive of indigenous claims, we examine two cases of transnational indigenous activism and domestic responses in the Andean region of South America. We find that the additional dimension of domestic and transnational mobilization that first contests existing international norms, such as neoliberalism and individual rights, and then seeks to diffuse normative changes at both the domestic and international levels provides new insight about norm formation, transformation, and diffusion in international politics in favor of anti-globalization and community equality norms on local, national, and global levels.     

The lawyers’ war: states and human rights in a transnational field

While torture and assassination have not infrequently been used by states, the post 9/11 ‘war on terror’ waged by the US has been distinguished by the open acknowledgement of, and political and legal justifications put forward in support of, these practices. This is surprising insofar as the primary theories that have been mobilized by sociologists and political scientists to understand the relation between the spread of human rights norms and state action presume that states will increasingly adhere to such norms in their rhetoric, if not always in practice. Thus, while it is not inconceivable that the US would engage in torture and assassination, we would expect these acts would be conducted under a cloak of deniability. Yet rather than pure hypocrisy, the US war on terror has been characterized by the development of a legal infrastructure to support the use of ‘forbidden’ practices such as torture and assassination, along with varying degrees of open defence of such tactics. Drawing on first-order accounts presented in published memoirs, this paper argues that the Bush administration developed such openness as a purposeful strategy, in response to the rise of a legal, technological, and institutional transnational human rights infrastructure which had turned deniability into a less sustainable option. It concludes by suggesting that a more robust theory of state action, drawing on sociological field theory, can help better explain the ways that transnational norms and institutions affect states.     

For good and country: nationalism and the diffusion of humanitarianism in the late nineteenth century

Despite the growing interest in transnational fields and their influence on national-level dynamics, existing literature has not yet addressed the processes involved in creating such fields in the first place. This article provides insight into the complexities involved in national–transnational interactions amidst national and transnational field formation. It examines the nascent transnational humanitarian field of the late nineteenth century through the work of the emerging Red Cross Movement in the 1860s–1890s, drawing primarily on the archive of the International Committee of the Red Cross. The findings show that National Red Cross (NRC) societies employed a discourse drawn from a transnational cultural arena in order to gain central positioning in their national fields and to convince other parties of their necessity. Conversely, NRCs used nationalism as a form of symbolic capital in establishing themselves in their national fields, seemingly at odds with their cosmopolitan aspirations. Thus, by contrast to the ideal-typical representation of global humanitarianism as non-national, these findings suggest that nationalism and impartial humanitarianism are historically intertwined. More broadly, the article argues that national-level field dynamics as well as nationalism play important roles in the creation of transnational fields, even when field actors present themselves as acting for universal causes.     

The Power of Legal Norms in the EU's External Border Control

Despite an increased level of legalization of JHA, academic literature has paid little attention to the role of law in this field. It is the objective of this article to assess the EU's attempt to reconcile its current practices of extraterritorial border control coordinated by Frontex in the Mediterranean with international human rights law, notably the principle of non‐refoulement. By drawing on insights on both rationalist and constructivist accounts, we argue that international human rights principles such as non‐refoulement are usually broad enough for everyone to identify and agree with and to provide state actors sufficient leeway to interpret the rules according to their interest. However, thanks to the activities of numerous inter‐, supra‐, and transnational actors offering various and competing legal interpretations, EU member states feel compelled to react by triggering several rounds of rule‐specification that have the power to clarify pertinent law and strengthen fundamental rights standards.     

Stabilizing flows in the legal field: illusions of permanence,intellectual property rights and the transnationalization of law

In this article I examine some of the problems that ‘modern’ legal theory poses for a consideration of the extended reach of social actors and institutions in time and space. While jurisprudence has begun to engage with the concept of globalization, it has done so in a relatively limited manner. Thus legal theory's encounters with highly visible transnational practices have, for the most part, resulted not in challenging the prevailing formal legal paradigm, but in a renewed if slightly modified search for a general jurisprudence that ultimately takes little account of the manner in which the work of law is carried out transnationally. In the first part of this article I examine how legal theory's concern to maintain its own integrity places limitations on its ability to examine the permeability of social boundaries. In the latter part I draw on critical human geography, post–structuralism and actor–network theory (ANT), to examine the manner in which transnational actors have been able to mobilize law, and in particular intellectual property rights (IPRs), as a necessary strategy for both maintaining the meanings of bio–technologies through time and space, and enrolling farmers into particular social networks.     

“Empowered Criminals and Global Subjects”: Transnational Norms and Sexual Minorities in India

In this paper, I comparatively examine the influence of transnational advocacy on legal struggles around sex work and homosexuality in contemporary India. While transnational scholars of sexuality understand globalization as a contradictory and uneven process, there has been little attention to how this unevenness is manifest in the realm of sexual rights and law. Based on qualitative research, I show how transnational discourses on health—in particular, HIV/AIDS interventions—and on human rights interact unevenly with national discourses on sexuality. Whereas discourses regarding HIV/AIDS enable sex workers to mobilize at the national level, global anti-trafficking discourses effectively reduce sex workers to “victims.” For Indian LGBTQ groups, discourses regarding the HIV/AIDS epidemic and global human rights enable these groups to problematize the anti-sodomy law in national politics. However, national legal discourses effectively reduce LGBQ individuals to “criminals,” and legal advancements in this arena are uneven. Focusing on this unevenness produced by transnational advocacy this paper highlights how sexual rights are articulated in context of asymmetric and uneven globalizations.     

Female genital mutilation and human rights

Abstract

This article evaluates five different discourses on female genital mutilation for affinities with the language of international instruments codifying human rights: an activist physician's fieldwork journal; two novels, one a Lebanese-American's lyrical work largely indebted to a human rights perspective and, in contrast, a Kenyan publicist's fiction which mutes that approach; an American activist's auto-ethnography; paintings by Nigerian artists in an exhibition travelling in Germany; and a letter to the editor of an African American magazine. I read these varied lexica in light of recent literature on female genital surgery that tends to oppose academics, mainly anthropologists captive to their training, to activists impatient with post-modern wavering who claim that global instruments for women's human rights should be enforced to stop genital torture. Creative writing is instrumental in presenting a clear moral imperative confronted by the complexities of human lives.     

Challenges in framing women's rights as human rights at the domestic level: A case study of NGOs in the post-Soviet countries

This case study examines framing as an essential communication strategy used by women's rights NGOs at international and domestic levels. The article uses a theoretical framework of transnational advocacy networks, originally developed by political scientists Keck and Sikkink (1998), to demonstrate the importance of public relations’ efforts in political communication campaigns of women's rights NGOs around the world. Supported by the United Nations, these NGOs play an important role in democracy building and contribute to women's empowerment efforts. However, an examination of communication strategies used by these NGOs to help implement the Platform for Action—the UN-promoted agenda for women's empowerment—showed that the existing frame of women's rights as human rights may not be successful in all contexts. This study argues that at the domestic level the issue of women's rights needs to be presented in greater detail than the current human rights frame allows it to be.     

Disability rights in practice: the relationship between human rights and social rights in contemporary social care

Using the contemporary arena of social care as an example, this article challenges the either/or dichotomy set up by some disability writers and activists between the favoured civil and human rights on the one hand and discredited social rights on the other. Rather, the article concludes, claims to these differing types of right are mutually reinforcing and can be mobilised strategically in disabled people's struggles for greater social justice. In particular, there is the potential for expanding disabled people's social rights to both direct services and direct payments by enforcing the positive obligations on public authorities conferred by human rights legislation and challenging rationing regimes.     

Not Necessarily Solidarity

Since the idea of “women's rights as human rights” emerged, there has been a wave of international donors, organizations and transnational feminist activists successfully delivering pressure and resources in the struggle to mitigate violence against women worldwide. Through these transnational networks, decisions regarding which local problems to address and how to manage them are often made at the international level. Most scholarship has rightly celebrated the advances for women's rights that have been made possible due to the impact of international organizations and transnational advocacy networks. However, there are many dilemmas that arise from this North-centric approach to assigning and managing priorities – especially among development aid organizations. Coordination with international donors is often necessary and has been a major source of advances. However, there are still some potentially harmful impacts of having to engage in these networks in order to address violence against women – including a disproportionate focus on short-term results while neglecting long-term goals. This article articulates these dilemmas and explains how international feminist human rights norms can be more successfully translated into a stronger sense of solidarity across borders and more sustainable advances for women. Examples are drawn from the Central American countries of Costa Rica, El Salvador, Guatemala and Nicaragua.     

Tensions and unity in the struggle for citizenship: Swedish disability rights activists claim ‘Full Participation! Now!’

This article analyses the claims of contemporary disability rights activists mobilising in a context where de facto second-class citizenship co-exists with legal and political declarations about the rights of disabled people. As an empirical case, it focuses on the blog ‘Full Participation.Now’, which was initiated by disability rights activists in Sweden. Drawing upon citizenship research, the article points to the tensions and dilemmas featuring the bloggers’ demand for participation and equality, as well as the challenges relative to their struggle. Although the bloggers formulate contrasting arguments, the article highlights that the activists share a common aspiration for ‘full citizenship’.     

Institutional Activism: Seeking Customary Forest Rights Recognition from Within the Indonesian State

This article aims to explain why the adat movement activists in Indonesia could expand their campaigns for state recognition of adat community rights to activities from within the state apparatus. We argue that three combined processes have contributed to the conjuncture that made institutional activism possible: the preparation of the 2014 national election offered activists opportunities to influence the government agenda; the emergence of a conscious strategy for conducting institutional activism; and the coalitions between some key state officials and the movement’s actors. This article also analyses the problems that institutional activists faced, in particular resistance from influential actors at various government units who were not sympathetic to the adat movement’s agenda. Therefore, the impact of this activism on policy changes so far remains limited. The authors’ personal involvement in this case of institutional activism to promote customary forest provided access to the information for this article.     

From Zero to Hero? An analysis of the human rights protections within the Global Compact for Safe,Orderly and Regular Migration (GCM)

This article examines the Global Compact for Safe, Orderly and Regular Migration (GCM) from three perspectives: First, while the GCM is not legally binding, the human rights obligations of states which underpin the GCM are. The application of international human rights law to everyone, including migrants, has led to frictions in the inter‐governmental negotiation process, with some states declining to sign the GCM. States cannot relieve themselves of the human rights obligations to which they are already, voluntarily, bound by refusing to sign the GCM. Second, the GCM asserts the human rights of migrants, and by implication condemns state practices contrary thereto, but it also yields to political sensitivities. Thus, we encounter a Compact that defends existing human rights standards, but concurrently submits to political will and tolerates conditions of vulnerability. Third, the GCM’s implementation depends upon, as yet undefined, partnerships with non‐State actors and monitoring against human rights standards.     

Power,capital, and immigration detention rights: making networked markets in global detention governance at UNHCR

With the expanded use of immigration detention and migration management practices worldwide, detention has emerged as a key issue for United Nations and international human rights institutions. A growing international rights movement seeks to make the practice fairer and more humane, leading to the dominance of a mainstream detention rights agenda and counter‐hegemonic system of governance. Drawing on ethnographic fieldwork conducted in Geneva and elsewhere, this article examines the capital, knowledge, and technological expertise that went into the construction of UNHCR's Global Detention Strategy. I highlight the rational calculation undergirding this global detention rights agenda, including the transnational policy networks of NGOs, INGOs, and academics that facilitate the movement's moral authority and capitalist growth. Their practices have become powerful neoliberal development tools, which give veracity to human rights agendas and attract oppositionally‐figured abolitionist praxis.     

The Europeanisation of Integration Policies

This article analyses the development of integration policies concerning third country nationals at the level of the European Union (EU). Starting with the discovery of recent policy developments at the European level, including new European directives mainly granting social rights to non‐EU citizens, the paper proceeds to examine the reasons that enabled this shift from the national to the European level of decision making. It concludes that integration policies have been created as a new EU policy field amidst the also fairly new policy field of immigration policies. In light of the theoretical concept of “organisational fields,” the interests and motives of the main actors involved in the emergence of this policy field are analysed. The research combines neo‐functionalist and intergovernmentalist assumptions, and it results in the following conclusions: First, a European integration policy could only be established within the emerging field of immigration policies, which laid the groundwork for member state collaborations in this highly sensitive policy area. Secondly, the European Parliament, the Council of Europe, several non‐governmental organisations and most notably the European Commission played an important role in promoting integration policies at the European level. Their engagement is interpreted as a necessary but not as a sufficient condition for the establishment of this policy field. Thirdly, these actors tried to strengthen the status of integration policies by emphasising the linkage between successful integration policies and economic and social cohesion. This semantic strategy, among other discussed reasons, facilitated the member states’ decision at the European summit in Tampere 1999 that all third country nationals shall be granted comparable rights to EU citizens.