A Civil Religion for World Society: The Direct and Diffuse Effects of Human Rights Treaties, 1981–20071

Much research has concluded that human rights treaties have a null or negative effect on governments’ human rights practices. This article reexamines the influence of human rights treaties, with a focus on two kinds of treaty effects: direct—the effect of treaties on the countries that ratified them; and diffuse—the effect of treaties on countries regardless of ratification. My analysis of two prominent human rights treaties finds that they often reduce levels of repression and abuse over time and independently of ratification. Some of these effects are nonlinear, reversing direction as time elapses or as more countries become party to the treaties. These findings are interpreted with reference to world polity institutionalism in sociology, and especially the “Durkheimian” strains of this approach. Human rights norms as embodied in treaties operate as a kind of civil religion for world society. These norms not only have long‐term direct effects among countries that ritualistically ratify human rights treaties, but they also diffusely impact countries irrespective of formal endorsement.     

Hard and Soft Commitments to Human Rights Treaties, 1966–20001

What factors determine whether and how deeply countries will commit to the international human rights regime? Using data for up to 142 countries between 1966 and 2000, this article analyzes patterns of membership to the International Human Rights Covenants. The analysis produced two main conclusions. First, the potential costs associated with joining a treaty, rather than its substantive content, motivates the decision to join. Treaties that protect different rights but establish comparable implementation mechanisms exhibit similar patterns of membership, whereas treaties that protect identical rights but establish different implementation provisions exhibit dissimilar patterns of membership. Second, rates of treaty membership differ by level of commitment. Countries that sign human rights treaties differ from countries that ratify. Results are interpreted with respect to four theories of commitment and compliance: realism, liberalism, constructivism, and sociological institutionalism. Theories that emphasize the importance of a treaty’s costs (realism and institutionalism) fare better than theories that prioritize a treaty’s content (liberalism and constructivism).     

Migration,International Telecommunications,and Human Rights1

World polity embeddedness has traditionally been measured by state and civil participation in formal venues, including international organizations, multilateral agreements, and world conferences. In this study, we highlight an alternative form of embeddedness found in cross‐national social relations and apply this framework to the human rights sector of the world polity. Specifically, we propose that the international migrant community diffuses human rights values and practices via (1) local performance and (2) cross‐national communication. Using data from the World Values Survey, we first show that immigrants are more likely to embrace, and actively participate in, the human rights movement. Next, using network data that report country‐to‐country bilateral flows, we observe a high degree of correspondence between international migration and telecommunications, confirming previous studies that trace telephone traffic to the flow of people. Finally, analyzing a balanced data set of 333 observations across 111 countries spanning the 1975–2000 period, we use ordered probit regression to assess the local and cross‐national effects of migrants on a state’s human rights record. We find that a country’s immigration level and its in‐degree centrality in international telecommunications both positively affect its Amnesty International rating, and that these effects are robust to a number of alternative specifications.     

Protection of Migrants' Human Rights: Principles and Practice

In principle, migrants enjoy the protection of international law. Key human rights instruments oblige the States Parties to extend their protection to all human beings. Such important treaties as the International Covenant on Civil and Political Rights, and the International Covenant on Economic, Social and Cultural Rights have been ratified by more than 140 states, but many political, social or economic obstacles seem to stand in the way of offering those rights to migrants. In an attempt to bridge this protection gap, the more specifically targeted International Convention on the Protection of All Migrant Workers and Members of their Families was created and adopted by the United Nations in 1990. This treaty is not yet in force, but the number of States Parties is increasing towards the required 20. In the past few years the human rights machinery of the United Nations has increased its attention towards migrants' human rights, appointing in 1999 the Special Rapporteur on the Human Rights of Migrants. Governments, as the acceding parties to international human rights instruments, remain the principal actors as guardians of the human rights of all individuals residing in their territories. Receiving countries are in a key position in the protection of the migrants that they host. However, active defence of migrants' rights is politically difficult in many countries where anti‐immigrant factions are influential. Trafficking in migrants is one example of the complexity faced by states in formulating their migration policies. On the one hand, trafficking has made governments increasingly act together and combine both enforcement and protection. On the other, trafficking, with its easily acceptable human rights concerns, is often separated from the more migration‐related human smuggling. The latter is a more contentious issue, related also to unofficial interests in utilizing cheap undocumented immigrant labour.     

Public Support for International Human Rights Institutions: A Cross‐National and Multilevel Analysis

The expansion of international human rights institutions has drawn much attention. Bringing together theories from sociology, political science, and international law, this article examines what factors promote public support for international human rights institutions, using the recent wave of the World Values Survey data (2005–2008). The level of public support displays both cross‐national and cross‐individual variations, so I conceptualize it as a two‐level process and employ the multilevel modeling. At the individual level, it is found that men, younger people, and individuals with more education and income show a higher level of support. At the country level, national affluence, political change (de‐democratization), and linkage to the world society are associated with more support. I further integrate individual‐level characteristics and country‐level social contexts, and pay special attention to education. Education is the institutional link between macro‐level social influences and micro‐level individual attitudes. I find that the support‐promoting effect of education is contingent on social contexts. It is more salient in wealthy countries and countries with strong ties to the world society.     

The European Convention on Human Rights in the Constitutional System of Serbia and Montenegro

The paper explores the legal position of the European Convention on Human Rights in the constitutional system of Serbia and Montenegro. It casts some light on constitutional rules, international treaties and especially international treaties on human rights. The text exposes also constitutional rules on human rights. The issue of the European control over human rights in Kosovo and Metohija is raised. Attention is referred to the Resolution 1417 (2005) of the Parliamentary Assembly of the Council of Europe on protection of human rights in Kosovo.     

TECHNICAL AND INSTITUTIONAL STATES: Loose Coupling in the Human Rights Sector of the World Polity

While human rights treaties have become increasingly popular over the past quarter century, there has not been a corresponding improvement in human rights practices. This discrepancy implies that a country's formal pledge to uphold human rights principles is "loosely coupled" from its actual performance. In this study, I develop a model of loose coupling based on organizational research and apply it to the human rights sector of the world polity. Empirically, I identify a set of institutional states whose human rights practices fall short of their treaty commitments, as well as a set of technical states whose practices exceed their commitments. Analyzing an unbalanced data set with a maximum of 755 observations across 167 countries during the 1975 to 2000 period, I use random effects models to predict a state's location on the Human Rights Decoupling Index (HRDI). The findings illustrate the importance of several organizational concepts for predicting a state's HRDI score. In particular, the analyses reveal the countervailing effects of globalization. While economic globalization (i.e., trade and foreign investment) is associated with the technical (positive) end of the HRDI, cultural globalization (i.e., memberships in international organizations) is associated with the institutional (negative) end.     

Human rights as myth and ceremony? Reevaluating the effectiveness of human rights treaties, 1981-2007

Much research has shown human rights treaties to be ineffective or even counterproductive, often contributing to greater levels of abuse among countries that ratify them. This article reevaluates the effect of four core human rights treaties on a variety of human rights outcomes. Unlike previous studies, it disaggregates treaty membership to examine the effect of relatively "stronger" and "weaker" commitments. Two-stage regression analyses that control for the endogeneity of treaty membership show that stronger commitments in the form of optional provisions that allow states and individuals to complain about human rights abuses are often associated with improved practices. The article discusses the scholarly and practical implications of these findings.     

Taking Older People's Rights Seriously: The Role of International Law

ABSTRACT

Older people face many difficult challenges that amount to a deplorable violation of their basic human rights (poverty, discrimination, denial of social services, etc.). However, the world has been slow to react. Factors that limit global responses to the challenges of aging include: limited political will, the prevalence of neo-liberalism, and NGOs' longstanding advocacy for other seemingly “more” disadvantaged groups. Such oppression of and discrimination against older people require a concerted world-wide response. We contend that the introduction of an international convention on the human rights of older people is most relevant. Reinforced by a potent international monitoring system, the convention should contain comprehensive and legally binding provisions that require participating states to promote older people's rights. It is argued that international law would be a powerful force in defending and protecting older persons, operating as a baseline for establishing underlying values for national aging policies and linking older persons' concerns with other segments of society.     

Protecting and Benchmarking Migrants’ Rights: An Analysis of the Global Compact for Safe,Orderly and Regular Migration

The Global Compact for Safe, Orderly, and Regular Migration (GCM) was to be “guided by human rights law and standards” in recognition of the rights of international migrants, who are currently protected by an overlapping patchwork of treaties and international law. The GCM contains many laudable commitments that, if implemented, will ensure that states more consistently respect, protect, and fulfil the rights of all migrants and also that states incorporate data on migration into a more cohesive governance regime that does more to promote cooperation on the issue of international migration. However, many concerns remain. Using a legal analysis and cross‐national policy data, we find that the GCM neither fully articulates existing law nor makes use of international consensus to expand the rights of migrants. In its first section, this article provides a concise analysis of the GCM's compliance with a set of core principles of existing international human rights law regarding migrants. In the second section, we apply a novel instrument to create an objective, cross‐national accounting of the laws protecting migrants’ rights in various national legal frameworks. Focusing on a sample of five diverse destination and sending countries, the results suggest we are close to an international consensus on the protection of a core set of migrants’ rights. This analysis should help prioritize the work necessary to implement the GCM.     

The Human Right to Food as Political Imaginary

The overwhelmingly normative nature of the study of Economic, Social, and Cultural (ESC) human rights enables ESC rights to function in their default settings as taken for granted norms and principles, originating in international agreements. This paper, instead, probes the social and historical “thingness” of ESC human rights themselves. It analyses the emergence of the Human Right to Food (HRF), and proposes a sociological model, political imaginary, as an explanatory tool to identify the historical socio‐discursive conditions of the emergence of the HRF. It uses this model to understand FoodFirst Internal Action Network (FIAN)'s contributions to the development of the HRF.     

International Norms and Women's Rights in Turkey and Japan

In 1985, the final year of the UN Decade for Women, 20 countries ratified the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). In this article we examine the decisions of two non-Western states to ratify the convention as part of this flood of ratification: Japan and Turkey. We find empirical support for the main hypotheses advanced in the literature on norm cascades in international relations, but we also find important evidence that suggests scholars must be sensitive to context in determining which states are “critical” in helping bring about norm cascades.     

Human Rights of Migrants: Challenges of the New Decade

This review summarizes main trends, issues, debates, actors and initiatives regarding recognition and extension of protection of the human rights of migrants. Its premise is that the rule of law and universal notions of human rights are essential foundations for democratic society and social peace. Evidence demonstrates that violations of migrants' human rights are so widespread and commonplace that they are a defining feature of international migration today. About 150 million persons live outside their countries; in many States, legal application of human rights norms to non‐citizens is inadequate or seriously deficient, especially regarding irregular migrants. Extensive hostility against, abuse of and violence towards migrants and other non‐nationals has become much more visible worldwide in recent years. Research, documentation and analysis of the character and extent of problems and of effective remedies remain minimal. Resistance to recognition of migrants' rights is bound up in exploitation of migrants in marginal, low status, inadequately regulated or illegal sectors of economic activity. Unauthorized migrants are often treated as a reserve of flexible labour, outside the protection of labour safety, health, minimum wage and other standards, and easily deportable. Evidence on globalization points to worsening migration pressures in many parts of the world. Processes integral to globalization have intensified disruptive effects of modernization and capitalist development, contributing to economic insecurity and displacement for many. Extension of principles in the Universal Declaration of Human Rights culminated in the 1990 International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families. With little attention, progress in ratifications was very slow until two years ago. A global campaign revived attention; entry into force is likely in 2001. Comparative analysis notes that ILO migrant worker Conventions have generally achieved objectives but States have resisted adoption of any standards on treatment of non‐nationals. A counter‐offensive against human rights as universal, indivisible and inalienable underlies resistance to extension of human rights protection to migrants. A parallel trend is deliberate association of migration and migrants with criminality. Trafficking has emerged as a global theme contextualizing migration in a framework of combatting organized crime and criminality, subordinating human rights protections to control and anti‐crime measures. Intergovernmental cooperation on migration “management” is expanding rapidly, with functioning regional intergovernmental consultative processes in all regions, generally focused on strengthening inter‐state cooperation in controlling and preventing irregular migration through improved border controls, information sharing, return agreements and other measures. Efforts to defend human rights of migrants and combat xenophobia remain fragmented, limited in impact and starved of resources. Nonetheless, NGOs in all regions provide orientation, services and assistance to migrants, public education and advocating respect for migrants rights and dignity. Several international initiatives now highlight migrant protection concerns, notably the UN Special Rapporteur on Human Rights of Migrants, the Global Campaign promoting the 1990 UN Convention, UN General Assembly proclamation of International Migrants Day, the 2001 World Conference Against Racism and Xenophobia, anti‐discrimination activity by ILO, and training by IOM. Suggestions to governments emphasize the need to define comprehensive, coordinated migration policy and practice based on economic, social and development concerns rather than reactive control measures to ensure beneficial migration, social harmony, and dignified treatment of nationals and non‐nationals. NGOs, businesses, trade unions, and religious groups are urged to advocate respect for international standards, professionalize services and capacities, take leadership in opposing xenophobic behaviour, and join international initiatives. Need for increased attention to migrants rights initiatives and inter‐agency cooperation by international organizations is also noted.     

Towards a historical sociology of constitutional legitimacy

This article has two primary objectives. First, it sets out the methodological argument that the conventional antinomy between normative and sociological approaches to questions of state legitimacy depends on a series of false constructions, and that normative and sociological – or specifically historical–sociological – analyses of states and the processes by which they obtain legitimacy can be (and ought to be) mutually reinforcing. This argument hinges on the claim that historical sociology should renounce some of its common presuppositions regarding the coercive functions of state power and reformulate itself as a normative social science, identifying and promoting models of statehood likely to obtain legitimacy in modern differentiated societies. Second, it sets out the more substantive argument that the legitimization of states can be observed both as an evolutionary or adaptive dimension of state formation and as a process of theoretical self-reflection in which the societies where states are located construct and refine the most adequate form for the transmission of the power they designate as political. In this respect, the article questions common assumptions about politics and legitimacy and makes a case for a change of paradigm in the analysis of these concepts. Through this change of paradigm, politics itself and the methods used for securing legitimacy for politics are constructed as abstracted articulations of a society’s own needs and exigencies. The article borrows elements from the systemic-functionalist sociology of Niklas Luhmann to develop the argument. In this context, the article also uses historical case studies to outline a theory of constitutions and constitutional rights. This theory explains how constitutions and constitutional rights help to generate legitimacy for states by enabling modern political systems, both normatively and functionally, to reflect and stabilize their position in society, to control the volume of politics in a society, and to elaborate socially adequate techniques for applying and restricting political power. The article concludes by suggesting that historical–sociological analyses of the functions of rights and constitutions can provide a key to proposing both normatively and sociologically founded models of legitimate statehood.

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Human Rights,Income and International Migration

This study contributes to the literature of migration studies by addressing the question: why does international migration persist despite welfare improvements in migrant‐sending countries? We propose that the human rights condition of the origin countries is an important determinant of global migration. Although the human rights issue is not new to researchers in migration studies, the concern is primarily about the rights of migrants, refugees, asylum seekers or migrant workers in a host country. We undertake a bilateral panel data analysis to examine the pattern of global bilateral migration between 1995 and 2010. We find that international migration is positively associated with human rights conditions and income. Similar results are also obtained when we control for multilateral resistance and possible sample selection biases in a panel context. Our study implies that efforts to promote human rights may also be assessed in relation to their contribution to migration flows.     

Global Distribution of Transnational Human Rights NGOs: The Effects of Domestic Resources and Institutions

This article examines domestic sources of the uneven distribution of human rights transnational NGOs (TNGOs) across countries. I compile an original dataset covering 787 human rights TNGOs during the 2005–2010 period from the Yearbook of International Organizations (supplemented by the directories produced by Human Rights Internet and the Encyclopedia of Associations). I employ the zero‐inflated negative binomial model to explore domestic conditions influencing the location of TNGO headquarters. The analysis distinguishes two processes. First, population size and political institutions are particularly important for the likelihood of hosting any human rights TNGOs. Human rights TNGOs are likely to exist only in strong democratic countries with relatively large populations. Second, domestic resources (economic and human) and institutions (political and regulatory) affect the count of human rights TNGOs in a country. A high level of economic development, a large and well‐educated population, strong democratic institutions, and a less regulatory environment provide favorable conditions for the establishment of more human rights TNGOs. Although human rights TNGOs are transnationally oriented, their establishment is still greatly influenced by domestic factors.     

Rights and the role of family engagement in child welfare: an international treaties perspective on families' rights, parents' rights, and children's rights

According to international human rights treaties, what rights do family members, parents, and children have in family engagement in child welfare decision-making? A socio-legal analytical approach produces a typology of rights, then applies the typology to eight countries' approaches to family engagement to show that strong bundles of rights are available in some countries, but not in others. This study reveals international treaties have articulated many rights necessary to family engagement, but some rights are missing.     

Using transformative learning as a model for human rights education: a case study of the Canadian Human Rights Foundation's International Human Rights Training Program

This paper examines the essential practices and conditions for fostering transformative learning using the Canadian Human Rights Foundation's International Human Rights Training Program as a case study. It suggests that the program's participants challenge their own values and assumptions about human rights, their work and their society through critical reflection. Consequently, it argues that if human rights educators are to contribute to the transformative education of others, it is necessary for them to understand the theoretical and practical underpinnings of the learning process associated with human rights education.     

Migrant Rights: International Law and National Action

Migrant rights were put squarely on the agenda of the Global Forum on Migration and Development when it met in Manila in 2008, as the principal theme of the governmental and civil society discussions. The Forum proceeded with the assumption that migrant rights are a development issue, as well as a fundamental human rights issue. This article begins with a review of the normative framework for protecting migrant rights. While norms by themselves will not prevent abuses, they can serve as a basis for advocating implementation of policies and programs to achieve these goals. We argue that there is ample international law setting out the basic rights of migrants even though the principal migrant‐centric instruments are not widely ratified. Failures in protecting migrant rights arise from the lack of implementation of these standards at the national level. The article then discusses a range of programs, mostly implemented by or in destination countries, which hold potential for overcoming barriers to the protection of the rights of migrants. These practical steps can be found in a wide array of countries, most of which have not become party to the Migrant Workers Convention. The article concludes that these initiatives have been implemented in an ad hoc manner, necessitating a more systematic approach at the national level to the protection of migrant rights.     

Migration and Human Rights on the Mexico-Guatemala Border

This paper identifies the protections in place for irregular migrants on the Mexico‐Guatemala border and analyzes Mexican government immigration enforcement policies and levels of compliance with international standards and national law. The history of the Mexico‐Guatemala border region and different types of migration flows into and through the area are also explored, as well as the linkages between migration, trade, security, and US immigration policy. It is argued that the Mexican government has partially complied with international conventions and national laws to protect the human rights of transmigrants in the Guatemalan border region, but that compliance is not complete and that an international response is required to ensure that human rights standards are upheld.