De Jure vs. De Facto Rights: A Response to “Human Rights: What the United States Might Learn from the Rest of the World and,Yes, from American Sociology”

Blau's ( 2016 ) argument for a Constitutional Project implies that changes in the U.S. Constitution would ensure fundamental adherence to human rights standards. We disagree with the assumption that legal and institutional instruments are guarantors of human rights practice. Instead, we see rights practices as the function of power struggles that include but go far beyond formal law. Instead, we emphasize an important distinction between de jure human rights instruments and de facto human rights practice, arguing that the focus on de jure instruments and legal discourse misses the significant effect of social movements and direct action that secure rights practice. De jure instruments may codify human rights and enumerate them as important, but they do not carry the authority of enforcement. We argue that the pursuit of human rights must be reframed to include both de jure and de facto human rights terrains. While charitable provisions from generous states can temporarily relieve specific human rights abuses, universal human rights practice requires establishing the fundamental political primacy of the people through the processes of the human rights enterprise.     

NGOs’ transnational advocacy networks: from ‘legitimacy’ to ‘political responsibility’?

NGOs that operate as part of transnational advocacy networks face a number of ‘legitimacy challenges’ concerning their rights to participate in the shaping of global governance. Outlining the legitimacy claims that development NGOs make, the article argues that ‘legitimacy’ is a socially constructed quality that may be ascribed to an NGO by actors and stakeholders with different viewpoints. NGOs operating transnationally link disparate communities and conceptions of legitimacy, and undermine the discourse and practice of sovereignty. Therefore such NGOs will find it difficult to be universally regarded as legitimate, especially by states that hold a sovereignty‐based conception of legitimacy. However, relationships are the building blocks of networks, and efforts to improve them should not be abandoned simply because ‘legitimacy’ is too closely connected with sovereignty. In particular, NGOs ought to improve their relationships with the poor and marginalized communities whose interests they claim to promote. To this end, the concept of ‘political responsibility’ is suggested as a pragmatic approach to understanding power relations as they arise in transnational advocacy networks and campaigns.     

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.     

HUMAN RIGHTS IN THE NEO-LIBERAL IMAGINATION

‘The end of sovereignty’: this has been an ominous refrain in the chorus of global political and human rights analyses aimed at reformulating a post-Cold War configuration of world power. In cultural studies, the same pronouncement is more likely made through a mix of theoretical exuberance and ambivalence toward a post-nationalist and cosmopolitan imaginary. This essay takes as a point of departure the rise of ‘new sovereignties’ – a fractured Westphalianism – as a rubric for understanding the political imagination about the international community today. It asks: to what dimensions of the regime of the new sovereignties can the human rights legal discourse as we know it today still exert influence, given the new configurations of globally disaggregated power? With human rights today reemerging as a bifurcation, how can cultural studies reconcile a theory of rights as subaltern claim-making with that of rights as an all-englobing tool in the neo-liberal order of world justice? Through a preliminary mapping of the moral-juridical and political forces that shape the regime of the new sovereignties, this essay attempts to illuminate why rights as international deontological politics is inadvertently complicit with the reproduction of rights as something constitutive of empire and neo-liberalism.     

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.     

Verfassungen als Spiegel globaler Normen?

The founding of the United Nations permitted to define the discrimination of women as a problem concerning world society at large. Today, equal rights are considered as a global norm by which states and organisations are measured. The article focuses on the questions of how far global norms of equal rights govern national constitutions and on which kind of factors their national designs depend. For answering these questions we use a quantitative content analysis of family rights and equal rights in national constitutions (n = 164). In contrast to neo-institutionalist assumptions we found three clearly distinguished models of equal rights. They serve as dependent variables in a regression analysis which shows that equal rights evolve independently of the national degree of development. To the contrary, the cultural and religious tradition of a country, its inclusion into world society and the power of its civil society are far more decisive for their evolution.     

‘We are not Victims,we are Protagonists of this History’

This article centers on the Mexican and Argentinean ‘Dirty Wars’, examining the limitations inherent in human rights and women's human rights responses to these epochs of violence. I situate Argentina's report on the dictatorship, Nunca más (1984), in conversation with Elena Poniatowska's text on the 1968 Mexico City massacre, La noche de Tlatelolco (1971), to trace the rise of a global human rights discourse that has become the dominant manner of conceptualizing human rights violations and gender violence in the latter half of the twentieth century. While feminist critiques of human rights have centered on the lack of gender-specific focus of violence committed against women, this article questions whether the women's human rights discourse disengages the historical, economic and geopolitical realities from which these violations were committed and instead focuses on women's sexual violations to garner international condemnation of gender violence. By turning to these texts, this article centers on the possibilities and limitations of women's human rights discourse and the impact this has on the shaping of women's political agency. This article calls for a critical feminist approach to women's human rights in order to document narratives of women survivors of human rights abuses without obfuscating their political subjectivities.     

From intergovernmental negotiations to (sub)national change

In the last thirty years, a process of global norm creation in the field of gender equality has taken place. The Convention on the Elimination of All Forms of Discrimination Against Women marks a milestone in this process: it emerged as the first legally binding international instrument for the protection of women's rights. The 180 states that have ratified the Convention have interpreted their treaty obligations in diverse ways, ranging from reluctance to active incorporation. Beyond its original mandate, CEDAW has increased attention on gender issues within the UN human rights framework. Further, it has motivated transnational NGO activism that uses the Convention to connect local understandings of women's rights with global standards to influence national policy developments. Taking these global, national and transnational dynamics together, the article argues that CEDAW has been transformed from a ‘classical’ intergovernmental regime to a transnational network enforcing women's rights. Based on these findings, a theoretical view on global norm creation and enforcement is developed that stresses the reciprocal interrelation between global, national and local spheres. Instead of assuming a ‘trickle-down’ dynamic as a consequence of global agreements, it is argued that the legitimacy and authority of global norms depends on their active interpretation and appropriation within national and local contexts all over the world.     

International law and human rights: trends concerning international migrants and refugees

Not with standing human rights linkages, migrants and refugees are often on the periphery of effective international protection. State sovereignty and self-regarding notions of community are used to deny or dilute substantive and procedural guarantees. Recently, even non- discrimination as a fundamental principle has been questioned, as has the system of refugee protection. This article located both migrants and refugees squarely within the human rights context, contrasting both inalienable rights with the demands of sovereignty, and juxtaposing the 2 in a context of existing and developing international standards. Migration and refugee flows will go on, and the developed world, in particular, must address the consequences - legal, humanitarian, socioeconomic, and cultural. Racism and institutional denials of basic rights daily challenge the common interest. This article shows how the law must evolve, responding coherently to contemporary problems, if the structure of rights and freedoms is to be maintained.     

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.     

Trading Diamonds Responsibly: Institutional Explanations for Corporate Social Responsibility

This article identifies factors that led to a comprehensive regulatory regime for the global diamond trade, the Kimberley Process Certification Scheme (KPCS), established through negotiations among NGOs, states, and the industry. The conflict diamonds case provides important insights into the processes by which global norms redefine how corporations are expected to conduct business. First, we show that global corporate social responsibility (CSR) norms rooted in the construct of world citizenship facilitated the rapid progress of the conflict diamonds campaign. Second, we detail how these norms became institutionalized in the KPCS, stressing the importance of the legitimacy of NGOs as bearers of corporate world citizenship models and the role of moral leaders within the diamond industry itself. We consider two theoretical perspectives on CSR development: management theories, which are strong on practitioner issues but mute regarding the content and authority of CSR ideology, and institutional theories, which offer better frameworks for understanding the impact of cultural and institutional environments on company responses to the moral claims advanced by NGOs. We use the conflict diamonds case to draw conclusions about how NGOs can effectively define new social responsibilities that companies come to see as obligations they must heed as responsible world citizens.     

Rejected asylum seekers: the problem of return

During this decade the return of rejected asylum seekers has become an issue of increasing concern to major asylum states in the industrialized world. This article exposes the various political and legal approaches taken by returning states as well as the constraints emerging from human rights law.
As a rigid control paradigm and related enforcement practices entail a considerable risk of human rights violations, it seems reasonable to focus on measures enhancing the voluntary compliance of all actors involved with norms governing return.
This means negotiating a broad political consensus between returning states and countries of origin, specifying the legal framework with a view to securing the human rights of the rejectee, arranging for impartial monitoring of return practices and rendering voluntary forms of return more attractive.     

Managing International Migration in Australia: Human Rights and the “Last Major Redoubt of Unfettered National Sovereignty”

This article challenges the view of many commentators that the capacity of liberal democracies to regulate international migration has been significantly compromised by the growth of international human rights norms and the role of independent judiciaries in enforcing those norms. Focusing on three Australian case studies that deal with deportation, mandatory detention of refugee claimants, and judicial review of migration decisions, the article concludes that international and domestic legal constraints still leave very substantial latitude to liberal democratic States to regulate the size and composition of international immigration flows. With only modest qualifications, migration policy remains “the last major redoubt of unfettered national sovereignty.”     

Situated legitimacy: Deliberative arenas and the new rural governance

Rural governance in the UK and elsewhere has undergone far-reaching changes, as partnerships and other collaborative approaches have emerged to address the challenges of rural sustainable development. The legitimacy of this ‘new rural governance’ is purportedly grounded in deliberation between stakeholders, but this is problematic—it is not clear how ‘legitimacy’ is to be understood now that the criteria of legitimacy appropriate to representative democratic government are not obviously applicable.Here we propose an analysis of legitimacy as situated—that is, given meanings by actors in specific contexts—and continuously constructed through discursive processes, where it also plays a reciprocal, highly political role in shaping those processes. We use this framework to analyse decision making in three distinctive deliberative arenas for sustainable transport policy making in the Peak District National Park in England. Legitimacy claims were found to be significant elements in each arena, but no single, overriding legitimacy discourse was successfully established. Instead, each arena's legitimacy was a hybrid, justified through a complex mix of competing rationales.While no single conclusion can be drawn about the legitimacy of ‘the new rural governance’, the strongest legitimising principles remained those grounded in representative democracy. In contrast, the ‘new’ approaches rely on deliberative norms accepted only by (some of) the relatively limited circle of stakeholders directly involved. More generally, if such norms are to become accepted principles for legitimate rural governance, then more work is needed to discursively establish their acceptability both in networks of governance and with the wider population.     

LGBTQI-identified human rights defenders: courage in the face of adversity at the United Nations

The role of LGBTQI human rights defenders in the international arena at the United Nations (UN) is a particularly risky and insecure one, especially for those who themselves identify as lesbian, gay, bisexual, transsexual, transgender, two spirit, queer, and intersex (LGBTQI). This article focuses on the anecdotal experiences of LGBTQI-identified human rights defenders and their work at the UN, observed and noted during a research study examining the degree of recognition and legitimacy LGBTQIs have at the UN. Much courage is required on the part of LGBTQI-identified human rights defenders who, while defending others in their communities, themselves face opposition from those within the UN who hold traditional, religious, and culturally based values, as well as a result of state sovereignty and state-sanctioned criminalisation of their gender and sexual diversity.     

Reframing the whistleblower in research: Truth‐tellers as whistleblowers in changing cultural contexts

Whistleblowing is fraught with conceptual dilemmas, including those who may be considered whistleblowers and fundamental concepts associated with the term. Whistleblowing is a dynamic concept, set within and deeply related to culture, yet scholarship has focused primarily on whistleblowing and its ramifications within management and organizational settings, as opposed to engaging with the wrong‐doing disclosed and conceptualizing how we assign meaning to whistleblowers/ing in changing landscapes of societal values and cultural institutions. To grasp the cultural sociological understanding of what constitutes whistleblowing, these themes and how they are shaped need to be drawn out in scholarship. Thus, the purpose of this review is to determine through which disciplines, lenses and discourse whistleblowing has been developed in academia and to identify gaps in disciplines and methods, highlighting how these affect our broader understanding of whistleblowing. This review article offers preliminary insight into how people engage in meaning‐making connected with terms such as whistleblowing, abuse and corruption through the lens of the #MeToo movement. The article encourages further research in disciplines such as sociology, political theory, human rights, socio‐legal studies and particularly, within cultural sociology.     

“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.     

Political restructuring,bureaucratization and minority groups in Myanmar: The case of Rohingya from 2011 to 2018

Politics of ethnicity can have serious repercussions if balance of interests is not maintained and this can lead to internal destabilization of states. This is the case in Myanmar, a situation which has brought suffering and deaths of thousands; effectively raising concerns and opprobrium against the government of Myanmar. Minority groups in Myanmar are greatly oppressed, though recent proceedings have seen the democratically elected government trying to avert the situation, while facing great restraints from the military which has been in control of the government for decades. The transformation process to uphold minority rights is marred with controversy as the Rohingya systematic alienation has persisted even in the new political dispensation. Discriminatory, cumbrous bureaucratic tendencies, are constantly used to control and manipulate the Rohingya to force them out of the country, a system which is ultimately backed by state sponsored violence. This research therefore, seeks to critically examine how the bureaucratic systems in Myanmar has been weaponized to systematically suppress rights of the Rohingya. Most research has focused on the butchering and series of violence against the Rohingya but this is generally a condensed and comprehensive analysis of the direct contribution of the bureaucrats as the implementers of public policy. This research concludes that, the doctrine of sovereignty has largely remained the salvation harboring and facilitating the continuity of repressive regimes despite the existence of the doctrine of limited sovereignty. Most importantly, the Rohingyian ordeal hints on the failures of the United Nations as actions of member states are conditioned by their selfish interests and states would only act where their national interest lie. There is need to create a global authority with executive legislative, judiciary, military and constitutional authority to exert authority over governments.     

Invisible Barricades: Civil Society and the Discourse of the WTO

Concerns about the legitimacy and accountability of international institutions have prompted a sizable literature on the potential of civil society to help democratize global economic governance. Attention has primarily focused on the institutional factors impacting civil society participation in global governance. In this article, however, I point to the existence of yet more fundamental barriers operating at the level of discourse. I use critical discourse analysis (CDA) to analyze the discourse of the World Trade Organization (WTO), focusing on a key text in which it attempts to engage directly with the concerns of civil society, supported by a broad range of additional data sources, including documentary materials, interviews, and observation. Drawing on the case of the WTO, I argue that the discourse of global governance institutions can itself act as an ‘invisible barricade’, preventing the meaningful inclusion of civil society in policy debates and deliberations.     

Understanding Contemporary Challenges to INGO Legitimacy: Integrating Top-Down and Bottom-Up Perspectives

In recent years, INGO legitimacy has been subject to growing scrutiny from analysts and practitioners alike. Critics have highlighted a backlash against INGOs in the Global South, a growing mismatch between INGO capacities and contemporary global challenges, and diminishing support for norms such as democracy and human rights that underpin INGOs’ work. Although these problems have attracted significant attention within the academic literature, this article argues that existing explorations of INGO legitimacy have broadly conformed either to a top-down approach focused on global norms and institutions or a bottom-up approach focused on the local dynamics surrounding states and populations in the Global South. We suggest that this divide is unhelpful for understanding the current predicament and propose a new approach, which pays closer attention to the interaction between bottom-up and top-down dimensions, and to historical context. This new approach can provide important insights into current debates about the future roles and internal structures of INGOs.