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.
Peter J. Dixon, Luke Moffett, and Adriana Rudling
The devastation brought by war leaves behind irreparable loss and destruction. Yet over the past 100 years there has been a concerted effort by states, both within their territory and following conflicts with other states, to resolve the past through reparations. As a legal and political tool, reparations can affirm values in a postconflict society through recognising suffering and responsibility, as well as helping those most affected by the conflict to cope with their loss. However, the scale of harm and damage of war may devastate a state’s capacity to redress all victims, and states may have more pressing priorities to reconstruct and encourage development. While the guns have been silenced, the motivations and ideologies that fueled and justified violence may continue, politicising debates over which victims are deserving of reparation or absolving the responsibility of certain actors, causing reparations to be delayed or dropped. Where reparations are made, furthermore, assessments of their effectiveness in meeting their goals are both challenging and necessary. This article addresses these issues, providing a snapshot of the key debates in the area, the continuing gaps, and the need for further research.
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.
Daniel Warner and Georg von Kalckreuth
The term “refugee crisis” is used throughout the literature to refer to situations where large numbers of refugees or displaced persons more generally are present, whereas “humanitarian crisis” refers to situations where the lives, health, safety or well-being of a large number of people are at substantial risk. The term “complex emergency” is defined as “a humanitarian crisis typically characterized by extensive violence and loss of life, massive displacements of people, widespread damage to societies and economies, and hindrance of humanitarian assistance by security risks and political and military constraints.” A typical complex emergency consists of one or more humanitarian and refugee crises, regardless of their actual causes, and necessitates an international and United Nations system-wide response because of its complexity. Humanitarian and refugee crises have often generated international response efforts that were intended to help affected individuals, alleviate their suffering, and restore their situation from the plight of crisis to some level of normality. In addition to the UN and its specialized agencies, international responses bring together a large and diverse set of actors such as the International Committee of the Red Cross and its national societies, national and international nongovernmental organizations, and the governments of third states. Their responses have drawn scholarly interest, especially after World War II. However, the literature on international responses to humanitarian and refugee crises does not offer a comprehensive and exhaustive scholarly treatment of the issue. This is an obvious gap that needs to be addressed in future research.
Audrey R. Chapman
The right to health and health services is generally framed as the right to the highest attainable standard of health. Like other human rights, the right to health confers to all people specific entitlements and imposes duties on governments to protect and promote them. It reflects a broadened sense of governmental responsibility for the welfare of its citizens and a more inclusive understanding of human rights. All countries, including the United States, have ratified at least one binding human rights convention that includes a provision on the right to health. The Universal Declaration of Human Rights, adopted by the United Nations more than six decades ago, has given rise to a series of international human rights instruments that legally obligate states to implement their provisions. The two most important of these are the International Covenant on Economic, Social and Cultural Rights and the International Covenant on Civil and Political Rights. Despite substantial progress, a number of issues still need to be addressed for the realization of the right to health, such as the lack of political commitment on the part of many states with regard to implementation and the weakness of the international human rights system. Furthermore, many states which have ratified international or regional human rights instruments that recognize a right to health or have relevant constitutional provisions still do not invest the necessary resources or apply human rights standards to the framing of health policies.
Hans Peter Schmitz
Transnational human rights networks refer to a form of cross-border collective action that seeks to promote compliance with universally accepted norms. Principled transnational activism began to draw sustained scholarly attention after the adoption of the Universal Declaration of Human Rights in 1948 and the creation of a new type of information-driven and impartial transnational activism, embodied in organizations such as Amnesty International and Human Rights Watch. Scholarship on transnational human rights networks emerged during the 1990s within the subfield of International Relations and as a challenge to the state-centric and materialist bias of the field. In their 1998 book Activists beyond Borders: Advocacy Networks in International Politics, Margaret Keck and Kathryn Sikkink describe the key role that transnational human rights groups play in global affairs. Focusing on rights-based activism, Keck and Sikkink show how transnational advocacy networks (TANs) can influence domestic politics. The concept of TANs is dominated by the purposeful activism of nongovernmental organizations and driven by shared principles, not professional standards. A number of studies have challenged the core assumptions about the effectiveness of principled human rights activism, arguing that international support plays no significant role compared to the autonomous efforts of domestic activists. One way to overcome these challenges and criticisms is for the transnational activist sector, as well as other types of non-state actors, to move beyond the principles/interests dichotomy and take a closer look at the internal dynamics of participant NGOs.
Chandra Lekha Sriram, Olga Martin-Ortega, and Johanna Herman
The relationship between human rights and armed conflict is rooted in historical debates among religious, philosophical, and international legal scholars about the nature of a just war, and appropriate conduct in war, which also have come to underpin and international humanitarian law. An understanding of the links between human rights, war, and conflict can begin with conflict analysis, as human rights violations can be both cause and consequence of conflict. In the most general sense, grievances over the denial or perceived denial of rights can generate social conflict. This may be the case where there is systematic discrimination based upon race, ethnicity, caste, religion, language, gender, or other characteristics. Alternatively, human rights abuses can emerge as a result of violent conflict. A conflict may have been undertaken by the parties primarily out of concern to promote a political or ideological agenda, or to promote the welfare of one or more identity group(s), or over access to resources. Human rights are also potentially transformative of conflicts and may make their resolution a greater challenge. Thus, conflicts that begin as conflicts over resources, religion, or ethnic or territorial claims, may, as they progress, create new grievances through the real and perceived violation of human rights by one or more parties to the conflict.
For centuries, women have been struggling for the recognition of their rights. Women’s rights are still being dismissed by United Nations (UN) human rights bodies and even governments, despite the Universal Declaration of Human Rights of 1948 prohibiting discrimination on the basis of sex. It was not until the 1993 UN World Conference on Human Rights in Vienna, Austria that states began to recognize women’s rights as human rights. However, this institutional change cannot solely be credited to the UN, but more importantly to the work of international women’s organizations. According to the social movement theory, these organizations have been permeating intergovernmental structures and, with the help of their constituents and experienced leaders, framing women’s rights as human rights in different ways throughout time. It is through mobilizing resources and seizing political opportunities that women’s rights activists rationalize how discrimination and exclusion resulted from gendered traditions, and that societal change is crucial in accepting women’s rights as fully human. But seeing as there are still oppositions to the issue of women’s rights as human rights, further research still needs to be conducted. Some possible venues for research include how well women’s rights as human rights travel across different institutions, violence against women, how and in what way women’s rights enhance human rights, and the changes that have taken place in mainstream human rights and specialized women’s rights institutions since the late 1980s as well as their impact.