Sociology and the European Court of Human Rights

This article offers a sociological analysis of the jurisprudence of the European Court of Human Rights (ECtHR). Adopting a sociological jurisprudence approach, the article aims to demonstrate the unique and valuable contribution that sociology can make to understanding key aspects of international human rights law. Whilst the article seeks to develop an agenda for critical sociological research on human rights law, it also aims to persuade those charged with the supervision of human rights of the value of sociological analysis. To achieve this, the article focuses on three separate but inter‐related aspects of ECtHR jurisprudence: first, it considers the ECtHR's approach to consensus in its adjudication of human rights complaints; second, it examines the social control implications of the ECtHR's decisions and judgments; and third, it assesses how conceptualizations of social identity are often foundational to the ECtHR's reasoning.     

If Human Rights Mattered

This article is a response to Judith Blau's ( 2016 ) essay, “Human Rights: What the United States Might Learn from the Rest of the World and, Yes, from American Sociology.” Here, I argue that if human rights mattered, then liberty could be assured. And absent human rights, liberty is a sham.     

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.     

Human rights education as a tool of grassroots organizing and social transformation: a case study from Turkey

Women for Women’s Human Rights (WWHR)—New Ways has been carrying out a Human Rights Education Program for Women throughout Turkey for over a decade, in cooperation with community centers. The training has a holistic, comprehensive nature, linking several areas of human rights through a critical gender perspective lens. One of the overarching aims of the program is to support women's grassroots organizing in economically disadvantaged areas by equipping women to mobilize around self‐identified needs. This article focuses on the impact of the program on women, methodological factors that contribute to its success and its role as a catalyst to promote social transformation at the local level.     

Best practice in human rights education: The SHR Sport and Human Rights Olympics

Effective teachers differentiate their instruction to ensure that content is delivered to students in a way that is accessible and engaging. The differentiation of instruction in core classes such as math and English is becoming commonplace in education faculties across the United States. But what does ‘differentiated’ human rights education look like? This summary of a good practice describes the School for Human Rights Olympics that were held at the school in 2006. It was a unique activity—a new approach to teaching youth about human rights and a welcome move away from violation‐centered lessons.     

The U.S. Economic Polity,Social Identity,and International Human Rights

In this essay, I provide some complementary perspectives on certain themes that emerge in Judith Blau's (2016) timely and insightful article, “Human Rights: What the United States Might Learn from the Rest of the World and, Yes, from American Sociology.” In response, I offer some very brief reflections structured through two prisms by which we might think further about the United States and human rights. These perspectives pick up on the core issue of Blau's article, the U.S. rejection of socioeconomic rights, and how this issue in turn relates first to the “social identity” of the United States as a whole, and second to the role of the political economy in states' recognition of human rights.     

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.     

Women's Human Rights Activists as Cross-Cultural Theorists

In addition to offering a basis for the criticism of universal human rights theorizing and practice, women's experience contributes to universal human rights theory building. Women's human rights activists' insights provide the foundation for a theory of universal human rights that is cross-cultural and critical. In sharing their work and strategies, two online working groups of women's human rights activists demonstrate that a theory of universal human rights must offer both (1) common ground on which the parallel efforts of human rights activists around the world can be acknowledged and (2) recognition that though sometimes networked and integrated with those parallel efforts, activism for social change is local, and uses locally appropriate ways to promote women's human rights. Using a theoretical method that treats non-theoretical texts as important sources for theoretical insights, the article introduces an activist-authored cross-cultural theory of human rights, its assumptions, and its theoretical framework. Finally, it draws implications from the activists' theory for human rights scholars.     

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.     

中东非政府人权组织的特征与挑战

20世纪七十年代末以来,中东地区人权语境逐渐宽松,颁布了各种伊斯兰特色的《人权宣言》,不同层次的人权组织在伊斯兰国家开展活动,这都为中东非政府人权组织的产生提供了理论和组织上的准备。非政府人权组织推动了中东人权观念和人权批判精神的成长,提升了中东各国政府对人权关注程度,并成为国际人权标准内化的重要媒介,缓解了社会内部的对立。"人权依赖综合症"影响到非政府人权组织的特征,人权组织多为社会精英阶层所领导,其活动多限于特定群体和地区。在现代社会,人权组织虽面临诸多挑战,但无疑已成为推动中东政治民主化和人权发展的潜在力量。     

Rights to research: utilising the Convention on the Rights of Persons with Disabilities as an inclusive participatory action research tool

For those labelled disabled, disability rights are synonymous with human rights, not merely a sub-category. In this paper we consider disability rights in terms of the right of people labelled with learning difficulties to be actively involved in research. Examples from an inclusive participatory action research project undertaken in partnership with people labelled with learning difficulties demonstrate how the Convention on the Rights of Persons with Disabilities was operationalised using photo-voice to facilitate accessible research, analyse findings and promote social change.     

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.     

Sexual orientation and the European Convention on Human Rights: What of the “L” in LGBT?

Abstract

The European Court of Human Rights (ECtHR) has long been celebrated for its role in advancing LGBT rights. This article adopts an intersectional feminist approach in order to critically examine the trajectory of the Court’s LGBT case-law from a gendered perspective. In doing so, it foregrounds the portrayal, experience and, indeed, invisibility of lesbian applicants. Adopting an intersectional approach that considers the gender dimension of sexual orientation claims provides a somewhat different perspective on the struggle for LGBT rights before the ECtHR and suggests that lesbian voices and experiences have been marginalized and excluded in the struggle for LGBT rights.     

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).     

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.     

Teaching Children about the Global Economy: Integrating Inquiry with Human Rights

Although children are already part of the global economy, they often have little understanding of its influence without explicit instruction. The article focuses on recommendations for teaching elementary students in grades three through five about the global economy utilizing the pedagogical recommendations from the National Council for the Social Studies and curricular and pedagogical suggestions from economic educators, human rights educators, and research. The author advocates using the inquiry arc to actively engage students in learning and integrating a human rights perspective, along with an economic perspective, to broaden students' understanding of the global economy. Economics helps young students learn why their clothes and toys are produced in different countries while human rights education enables them to comprehend the lives of workers who produce their clothing and toys. The inquiry arc also offers opportunities for young students to take action when they encounter human rights abuses during the production of their toys and clothing. Children are not only prepared for their future role as citizens but act as citizens while they are still children concerned about the human rights of all people involved in producing their clothes and toys.     

Using Arts Activism and Poetry to Catalyze Human Rights Engagement and Reflection

Human rights are fundamental to our global social work profession, and teaching methods must be developed that truly engage students in taking a human rights approach to their work. This paper presents the process of engaging students in arts activism as a strategy for teaching about human rights in social work, and also discusses the catalyzing power of arts activism and poetry therapy to deepen student reflection on human rights. Students' responses to their involvement with One Million Bones—a global arts activism effort to prevent and remediate mass violence—are presented with commentary and interpretation. In this preliminary study, results indicate that arts activism and poetry therapy can work together to promote reflective engagement with human rights.     

Rights and Access to Plant Genetic Resources under India's New Law

Recognition of ‘Farmer's Rights’ is an attempt by developing countries to evolve a counterclaim to breeders' Intellectual Property Rights (IPRs) promoted under the TRIPs Agreement of the WTO. India is one of the first countries to have granted rights to both breeders and farmers under the Protection of Plant Varieties and Farmers' Rights Act, 2001. This multiple rights system aims to distribute rights equitably, but may pose the threat of an ‘anticommons tragedy’ i.e. too many parties independently possessing the right to exclude others from utilising a resource. If under‐utilisation of plant genetic resources results, the Act will have negative consequences for sustaining crop productivity and for the welfare of the very farming communities it seeks to compensate.     

Children's rights in schools: what do teachers know?

The human rights of children are fundamental international human rights that protect all children against abuse by adults and caregivers as enshrined in the United Nations Convention on the Rights of the Child. This study examines teachers' and teacher trainees' knowledge of children's rights as enshrined in the United Nations Convention on the Rights of the Child (United Nations General Assembly, 1989), the Public Service (Disciplinary) Regulations (Statutory Instrument 65 of the Constitution of Zimbabwe, 1992) and the Secretary of Education and Culture Circular P35 of 3 May 1993 on the administration of corporal punishment by teachers in Zimbabwean primary schools. Data were collected using the Teacher and the Teacher Trainees Questionnaires on 300 primary school teachers and 150 teacher trainees, respectively, in Masvingo Province. Teacher trainees used in this study were attached to experienced primary school teachers during their teaching practice. The study found that the majority of teachers (76.3%) were exposed to the Public Service (Disciplinary) Regulations during their teacher education training. On the other hand, the majority of teacher trainees (60.0%) were not exposed to these Regulations during their training. The Public Service (Disciplinary) Regulations are used to charge teachers who violate children's rights within the school. The majority of teachers (59.3%) feel they are useful, while the majority of teacher trainees (60.0%) feel they are outdated and need to be changed. On the other hand, the majority of teacher trainees (55.3%) indicated that they were exposed to the United Nations Convention on the Rights of the Child or the African Charter on the Rights and Welfare of the Child (OAU Doc. CAB/LEG/24.9/49, 1990), while the majority of teachers (56.7%) were not exposed to either of these during their teacher education training. The study also found that the majority of teacher trainees (63.3%) were not exposed to the Secretary of Education and Culture Circular P35 on corporal punishment by teachers within schools during their teaching practice. It is clear from the ?ndings that the teacher education curriculum needs to be revised to take account of current trends and contemporary issues in education in the new millennium. Therefore, there is a need for the Ministry of Education, Sport and Culture to conduct in‐service programmes for teachers who are not familiar with local and international laws concerning the protection of children against child abuse within the school. Copyright © 2003 John Wiley & Sons, Ltd.     

The United Nations Convention on the Rights of the Child: Its Relevance for Adolescents

The United Nations Convention on the Rights of the Child (CRC, United Nations General Assembly, 1989) is a transformative document which has already improved the lives of millions of young people worldwide. Ratified into law by the majority of the countries of the world, it is the first human rights treaty focusing specifically on the rights of individuals under 18 years of age. The rights described in the treaty, however, are often seen as more important for younger children than for adolescents. This policy statement reviews the germane research on the period of adolescence and affirms that the protections and entitlements in the CRC are as important for adolescents as for younger children. Recommendations for policy and research are included.