Henry F. Carey
Economic, social, and cultural rights (ESCRs) emerged in the twentieth century as the set of “second-generation” rights after civil and political rights (CPRs). ESCRs represent the “equality” phase of human rights after the “liberty” aspect of CPRs. Despite having achieved legal respect and parity with all other CPRs, ESCRs are often perceived as having less legal clarity and required compliance in practice. ESCRs, however, have a substantial doctrine for many rights of progressive development or realization. In addition to progressive development of all the rights in the 1966 International Covenant on Economic, Social and Cultural Rights (ICESCR), the Economic, Social and Cultural Rights Committee, which explains and monitors that treaty, has established a set of core obligations of states. Despite the problems inherent in the process of monitoring ESCRs, there are three major institutions which review the state of ESCRs in the world today: the United Nations (UN), states parties, and non-governmental organizations (NGOs). Additionally, the general direction of the literature on ESCRs is geared towards implementation and promotion of these rights. However, there is a tendency to examine ESCR violations that have a link to CPRs or to UN peace projects. There have also been various initiatives affecting second- and especially third-generation rights, such as the protection of indigenous peoples.
As a focus of academic inquiry, human rights gained legitimacy only after World War II. While the subject received consistent attention within the field of international law, greater attention from other disciplines became more significant in the mid-1960s. Yet, it was after the Cold War, in the era of globalization, that human rights research became a well-entrenched interdisciplinary field. Even though no encompassing history of human rights was yet to be found in the late twentieth century, many important historical human rights studies had already appeared. Until the Cold War, the study of international relations had been grounded in efforts to integrate political theory and history. As ideological confrontation heightened during the Cold War, history became more descriptive, formalistic, and divorced from political theory, or from any normative or political purpose. With the end of the Cold War, the advance of globalization, the war on terror, and the current meltdown of the global economy, the past 20 years have sent a succession of electric shocks through the nervous system of the international order. The sense of being buffeted by unpredictable events stimulated new efforts to comprehend the direction of history, or, alternatively, to assert its timeless truths. Despite a significant body of enriching historical scholarship, however, it remains the case that both history and historiography have been widely overlooked, not only in the burgeoning human rights academic field, but also in most disciplines within the social sciences.
Human rights education (HRE) is a set of educational and pedagogical learning methods aimed at informing people and training them in their human rights. The earliest foundation of HRE is found under Article 26 of the Universal Declaration of Human Rights of 1948, which guarantees the right to education. HRE became a widespread concept in the 1990s with the resolution of the United Nations General Assembly in 1994 on the UN Decade for Human Rights Education from 1995 to 2004. With this decade, all UN member states agreed to undertake measures to promote and incorporate HRE in the formal and non-formal education sectors. However, toward the end of the UN Decade it was clear that only a few governments had complied with these requests. Instead, most of the promotional work for HRE was done by non-governmental organizations (NGOs). NGOs, foundations, academic institutions, and international organizations have edited and published most of the literature in the field of HRE over the past four decades. Publication figures estimate over 2000 publications since 1965, and the number is growing, particularly in the non-English speaking world. Most materials focus on a particular human rights issue such as gender, children, torture, or freedom rights. In the future, HRE is expected to be more local and community based as well as more target group–orientated.
The issue of human rights presents a dilemma for the discipline of international relations (IR) in general and the literature on international institutions in particular. Since international human rights institutions are primarily, but not exclusively, concerned with how states treat their own citizens, they seek to empower individual citizens and groups vis-à-vis their own governments. A major concern is whether such institutions make a difference for the protection and promotion of human rights. This concern has spawned a series of research questions and some major lines of enquiry. The study of human rights regimes has developed at the interface between IR and international law, along with the norms and practices of global human rights institutions. In addition, human rights has been institutionalized globally through the United Nations system and the connections between the development over time of international human rights institutions on the one hand, and their relative effectiveness in shaping human rights behavior on the other. The development and impact of international human rights law and policy have also been influenced by regionalism. While the research on human rights regimes has provided important insights into the role of institutions in narrowing the gap between the rhetoric and practice of human rights, there are crucial areas that need further scholarly attention, such as the domestic actors and institutions that act and could potentially act as “compliance constituencies” and conduits of domestic implementation linking international human rights norms to domestic political and legal institutions and actors.
Nadejda K. Marinova
Trafficking and smuggling in persons is a serious crime and a grave violation of human rights. In the world today, there are more slaves than at any other time in human history—these present-day slaves are the victims of human smuggling and human trafficking. Human trafficking refers to the trade of humans, most commonly for the purpose of forced labor, sexual slavery, or commercial sexual exploitation for the trafficker or others. This may encompass providing a spouse in the context of forced marriage, or the extraction of organs or tissues, including for surrogacy and ova removal. Every year, thousands of men, women and children fall into the hands of traffickers, in their own countries and abroad. Almost every country in the world is affected by trafficking, whether as a country of origin, transit or destination for victims. The 1980s saw human trafficking emerge on the political agenda of states as well as of supranational and international organizations. By the early 1990s, human smuggling—which is extremely important in illegal migration—has prompted policy attention. The academic scholarship on human smuggling focuses on the factors for the increase of trafficking, the structure and organization of smuggler networks, and on the question of whether smuggled individuals are victims or perpetrators of a crime.
Transnational organizing by groups dedicated to promoting the rights of gay men and lesbians is not a particularly new phenomenon, though it remained rare in the postwar era. It was not until the advent of the sexual liberation movement in the late 1960s and early 1970s that lesbian, gay, bisexual, and transgender (LGBT) issues became more prominent. Moreover, despite their diversity, these transnational groups and networks have been able to speak with an increasingly unified voice and have begun to set out a relatively coherent vision for global LGBT human rights organizing. Over the past two decades, transnational LGBT human rights activists have become increasingly successful in getting their voices heard and demands met within prominent international organizations such as the EU and UN. This success, however, has varied dramatically across organizations. Perhaps not surprisingly given the Western origins and biases of transnational LGBT movements and human rights principles, as well as the greater levels of tolerance towards homosexuality in the region, LGBT rights organizations have had their greatest successes in Europe. Generally speaking, however, there has been a significant expansion of LGBT rights over the past 20 years. Yet despite these dramatic developments, the study of LGBT politics has remained peripheral to most fields within the discipline of politics, though there has been an empirical turn in LGBT research.
Monica W. Varsanyi
When it comes to immigration policy, nation-states generally have the power to exclude, admit, or expel noncitizens from their territories. On the other hand, subnational jurisdictions have more often been given the task of formulating and implementing immigrant policy, which entails the incorporation of immigrants into local communities. This division of labor has recently come under intense scrutiny. The local and state politics of immigration and immigrant integration in the United States has been documented in the scholarly literature, focusing on topics such as California’s Proposition 187, the disparity between the national benefits and local costs of immigration, and the increasing role played by nongovernmental organizations and other nonstate actors in the integration of immigrants at the local scale. Four categories of local immigrant and immigration policy have been studied: policies that arise from the devolution of select powers over noncitizens; grassroots policies on areas such as education and human trafficking; policies that are more explicitly about a politics of immigration control; and policies that engage with a politics of immigrant integration. However, there are still avenues that require further investigation so as to better understand the growing involvement of subnational governments in the formulation and implementation of immigrant and immigration policy. For example, more research is needed in which policy outcome is taken as the dependent variable and to document and understand the dynamics of local immigrant integration and immigration policy formation in developing countries.
Truth commissions are temporary institutions that are tasked with investigating patterns of political violence under a prior regime as part of a process of political change. In the past, truth commissions were generally seen as a “second best” alternative in contexts where prosecuting past abuses was deemed unrealistic. Today, they are regarded as important tools for pursuing a wide array of goals, from democratization and reconciliation to human rights protection and individual healing. Early scholarship on the development of truth commissions focused on comparative democratization and on typologies that could be used to predict various transitional justice outcomes. More recently, scholars in the field of international relations have undertaken qualitative and quantitative studies in hopes of understanding what is driving the development of truth commissions. However, opinions differ as to the causes, consequences, and moral implications of truth commissions. Some attribute the proliferation of truth commissions to the growing strength of human rights norms and advocacy, whereas others argue that they merely function to manage the balance of power in transitional contexts, or serve as a basis for advancing values such as justice, democracy, and peace. These debates seem to have only intensified as truth commission scholarship continues to grow. One interesting pattern is that a number of scholars, have questioned the effectiveness of truth commissions in satisfying their own claims to investigate the “truth” about past abuses.
Given the systematic threats facing humanity, there is an urgent need for new thinking about the human rights project. The most prevalent form of global abuse exists in the form of violence against women and children. Sexual violence has been considered the most pervasive, yet least recognized human rights, abuse in the world. Equally prevalent among the modern sources of threats to physical integrity rights are the pervasive practice of torture and the issue of poverty and the threats it poses to human dignity and human rights. Individual civil-political rights and the rights of minorities, including women, ethnic and religious minorities, and indigenous people have been protected at times and violated at other times by states. Moreover, some observers argue that group rights should be properly understood as an extension of the already recognized collective rights to self-determination of people. But this broad spectrum of human rights violations can be organized into two categories: domestic and international. The domestic sources include both local and national sources of human rights abuses, and international sources entail international and global dimensions. These analyses are interconnected and reinforcing, but they can be contradictory at times. Understanding such complex interrelations is a necessary condition for describing factors and processes leading to abuses. In an applied sense, this understanding is essential for suggesting how we should proceed with the protection of basic human rights. Although there is agreement on the most pressing problems of human suffering, there is no consensus over the answers.
Ronald C. Slye
Domestic courts play an important role in the adjudication of international law, including international human rights law. The relationship between international and domestic law has often been characterized as a continuum between monism and dualism. In a monist system, international law is automatically a part of domestic law, and a conflict between the two is resolved in favor of international law. In a dualist system, domestic law is superior to international law within the domestic legal system, while international law is superior to domestic law within the international legal system. A conflict between domestic law and international law is thus not always resolved in the same way in both systems. In addition, one of the areas with the most active use of international law in a domestic legal system is under a theory of universal jurisdiction. Universal jurisdiction most often involves both the incorporation of international law into a domestic legal system and the assertion outward (extraterritorially) of domestic judicial system. Universal jurisdiction arose initially in the context of criminal prosecutions, but is also found to some extent in civil litigation, particularly in the United States. Under the principle of universal jurisdiction, a state may assert jurisdiction over an offender regardless of the nationality of the offender or victim, the place of commission of the wrongful act, or any other link to the state asserting jurisdiction.