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Human Rights Law and Evidence-Based Policy

Author : Rosemary Byrne
Publisher : Routledge
Page : 239 pages
File Size : 27,10 MB
Release : 2019-12-06
Category : Law
ISBN : 0429588658

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The EU Fundamental Rights Agency (FRA) was established to provide evidence-based policy advice to EU institutions and Member States. By blending social science research with traditional normative work, it aims to influence human rights policy processes through new ways of framing empirical realities. The contributors to this volume critically examine the experience of the Agency in its first decade, exploring FRA’s historical, political and legal foundations and its evolving record across major strands of EU fundamental rights. Central themes arising from these chapters include consideration of how the Agency manages the tension between a mandate to advise and the more traditional approach of human rights bodies to ‘monitor’, and how its research impacts the delicate equilibrium between these two contesting roles. FRA's experience as the first ‘embedded’ human rights agency is also highlighted, suggesting a role for alternative and less oppositional orientations for human rights research. While authors observe the benefits of the technocratic approach to human rights research that is a hallmark of FRA’s evidence-based policy advice, they also note its constraints. FRA’s policy work requires a continued awareness of political realities in Brussels, Member States, and civil society. Consequently, the complex process of determining the Agency’s research agenda reflects the strategic priorities of key actors. This is an important factor in the Agency’s role in the EU human rights landscape. This pioneering position of the Agency should invite reflection on new forms of institutionalized human rights research for the future.

The Oxford Handbook of the Science of Science Communication

Author : Kathleen Hall Jamieson
Publisher : Oxford University Press
Page : 513 pages
File Size : 30,45 MB
Release : 2017
Category : Psychology
ISBN : 0190497629

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On topics from genetic engineering and mad cow disease to vaccination and climate change, this Handbook draws on the insights of 57 leading science of science communication scholars who explore what social scientists know about how citizens come to understand and act on what is known by science.

The Politics of Evidence

Author : Justin Parkhurst
Publisher : Routledge
Page : 287 pages
File Size : 17,36 MB
Release : 2016-10-04
Category : Medical
ISBN : 131738086X

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The Open Access version of this book, available at http://www.tandfebooks.com/, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 3.0 license. There has been an enormous increase in interest in the use of evidence for public policymaking, but the vast majority of work on the subject has failed to engage with the political nature of decision making and how this influences the ways in which evidence will be used (or misused) within political areas. This book provides new insights into the nature of political bias with regards to evidence and critically considers what an ‘improved’ use of evidence would look like from a policymaking perspective. Part I describes the great potential for evidence to help achieve social goals, as well as the challenges raised by the political nature of policymaking. It explores the concern of evidence advocates that political interests drive the misuse or manipulation of evidence, as well as counter-concerns of critical policy scholars about how appeals to ‘evidence-based policy’ can depoliticise political debates. Both concerns reflect forms of bias – the first representing technical bias, whereby evidence use violates principles of scientific best practice, and the second representing issue bias in how appeals to evidence can shift political debates to particular questions or marginalise policy-relevant social concerns. Part II then draws on the fields of policy studies and cognitive psychology to understand the origins and mechanisms of both forms of bias in relation to political interests and values. It illustrates how such biases are not only common, but can be much more predictable once we recognise their origins and manifestations in policy arenas. Finally, Part III discusses ways to move forward for those seeking to improve the use of evidence in public policymaking. It explores what constitutes ‘good evidence for policy’, as well as the ‘good use of evidence’ within policy processes, and considers how to build evidence-advisory institutions that embed key principles of both scientific good practice and democratic representation. Taken as a whole, the approach promoted is termed the ‘good governance of evidence’ – a concept that represents the use of rigorous, systematic and technically valid pieces of evidence within decision-making processes that are representative of, and accountable to, populations served.

Socializing States

Author : Ryan Goodman
Publisher : Oxford University Press
Page : 251 pages
File Size : 13,7 MB
Release : 2013-09-11
Category : Political Science
ISBN : 0190203250

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The role of international law in global politics is as poorly understood as it is important. But how can the international legal regime encourage states to respect human rights? Given that international law lacks a centralized enforcement mechanism, it is not obvious how this law matters at all, and how it might change the behavior or preferences of state actors. In Socializing States, Ryan Goodman and Derek Jinks contend that what is needed is a greater emphasis on the mechanisms of law's social influence--and the micro-processes that drive each mechanism. Such an emphasis would make clearer the micro-foundations of international law. This book argues for a greater specification and a more comprehensive inventory of how international law influences relevant actors to improve human rights conditions. Substantial empirical evidence suggests three conceptually distinct mechanisms whereby states and institutions might influence the behavior of other states: material inducement, persuasion, and what Goodman and Jinks call acculturation. The latter includes social and cognitive forces such as mimicry, status maximization, prestige, and identification. The book argues that (1) acculturation is a conceptually distinct, empirically documented social process through which state behavior is influenced; and (2) acculturation-based approaches might occasion a rethinking of fundamental regime design problems in human rights law. This exercise not only allows for reexamination of policy debates in human rights law; it also provides a conceptual framework for assessing the costs and benefits of various design principles. While acculturation is not necessarily the most important or most desirable approach to promoting human rights, a better understanding of all three mechanisms is a necessary first step in the development of an integrated theory of international law's influence. Socializing States provides the critical framework to improve our understanding of how norms operate in international society, and thereby improve the capacity of global and domestic institutions to build cultures of human rights,

Research Handbook on the Politics of Human Rights Law

Author : Bård A. Andreassen
Publisher : Edward Elgar Publishing
Page : 0 pages
File Size : 29,27 MB
Release : 2023-04-28
Category :
ISBN : 9781789908824

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International human rights law is undoubtedly intertwined with politics. This Research Handbook explores and provokes reflection on how politics impacts human rights legislation and, conversely, how human rights law shapes politics and the functioning of the state. Bringing together leading international scholars in human rights law and politics, the Research Handbook provides theoretical reflections and empirical analyses across the areas of governance and policies and examines the implementation mechanisms of human rights law in national and international jurisdictions. Chapters discuss issues such as the mobilization of human rights in developing countries, the politics of torture and resource allocation, and the influence of politics on international institutions. It also presents a critical analysis of the human rights regimes in Africa, Asia, Europe, and the Middle East, and how the state works in ways which respect the ethics and values of human rights law. Providing a comprehensive overview of the reciprocal relationship between politics and human rights legislation, this Research Handbook will be essential reading for students and academics in human rights, international politics, law and politics, and public policy.

Seeing Human Rights

Author : Sandra Ristovska
Publisher : MIT Press
Page : 289 pages
File Size : 38,8 MB
Release : 2021-08-03
Category : Political Science
ISBN : 0262542536

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As video becomes an important tool to expose injustice, an examination of how human rights organizations are seeking to professionalize video activism. Visual imagery is at the heart of humanitarian and human rights activism, and video has become a key tool in these efforts. The Saffron Revolution in Myanmar, the Green Movement in Iran, and Black Lives Matter in the United States have all used video to expose injustice. In Seeing Human Rights, Sandra Ristovska examines how human rights organizations are seeking to professionalize video activism through video production, verification standards, and training. The result, she argues, is a proxy profession that uses human rights videos to tap into journalism, the law, and political advocacy. Ristovska explains that this proxy profession retains some tactical flexibility in its use of video while giving up on the more radical potential and imaginative scope of video activism as a cultural practice. Drawing on detailed analysis of legal cases and videos as well as extensive interviews with staff members of such organizations as Amnesty International, Human Rights Watch, WITNESS, the International Criminal Tribunal for the former Yugoslavia (ICTY), and the International Criminal Court (ICC), Ristovska considers the unique affordances of video and examines the unfolding relationships among journalists, human rights organizations, activists, and citizens in global crisis reporting. She offers a case study of the visual turn in the law; describes advocacy and marketing strategies; and argues that the transformation of video activism into a proxy profession privileges institutional and legal spaces over broader constituencies for public good.

Evidence for Hope

Author : Kathryn Sikkink
Publisher : Princeton University Press
Page : 328 pages
File Size : 20,3 MB
Release : 2017
Category : Human rights
ISBN : 0691170622

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A history of the successes of the human rights movement and a case for why human rights work Evidence for Hope makes the case that, yes, human rights work. Critics may counter that the movement is in serious jeopardy or even a questionable byproduct of Western imperialism. They point out that Guantánamo is still open, the Arab Spring protests have been crushed, and governments are cracking down on NGOs everywhere. But respected human rights expert Kathryn Sikkink draws on decades of research and fieldwork to provide a rigorous rebuttal to pessimistic doubts about human rights laws and institutions. She demonstrates that change comes slowly and as the result of struggle, but in the long term, human rights movements have been vastly effective. Attacks on the human rights movement's credibility are based on the faulty premise that human rights ideas emerged in North America and Europe and were imposed on developing southern nations. Starting in the 1940s, Latin American leaders and activists were actually early advocates for the international protection of human rights. Sikkink shows that activists and scholars disagree about the efficacy of human rights because they use different yardsticks to measure progress. Comparing the present to the past, she shows that genocide and violence against civilians have declined over time, while access to healthcare and education has increased dramatically. Cognitive and news biases contribute to pervasive cynicism, but Sikkink's investigation into past and current trends indicates that human rights is not in its twilight. Instead, this is a period of vibrant activism that has made impressive improvements in human well-being. Exploring the strategies that have led to real humanitarian gains since the middle of the twentieth century, Evidence for Hope looks at how these essential advances can be supported and sustained for decades to come.

Mobilizing for Human Rights

Author : Beth A. Simmons
Publisher : Cambridge University Press
Page : 473 pages
File Size : 12,39 MB
Release : 2009-10-29
Category : Law
ISBN : 0521885108

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Beth Simmons demonstrates through a combination of statistical analysis and case studies that the ratification of treaties generally leads to better human rights practices. She argues that international human rights law should get more practical and rhetorical support from the international community as a supplement to broader efforts to address conflict, development, and democratization.

International Economic Law in the 21st Century

Author : Ernst-Ulrich Petersmann
Publisher : Bloomsbury Publishing
Page : 471 pages
File Size : 10,82 MB
Release : 2012-07-24
Category : Law
ISBN : 1847319815

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The state-centred 'Westphalian model' of international law has failed to protect human rights and other international public goods effectively. Most international trade, financial and environmental agreements do not even refer to human rights, consumer welfare, democratic citizen participation and transnational rule of law for the benefit of citizens. This book argues that these 'multilevel governance failures' are largely due to inadequate regulation of the 'collective action problems' in the supply of international public goods, such as inadequate legal, judicial and democratic accountability of governments vis-a-vis citizens. Rather than treating citizens as mere objects of intergovernmental economic and environmental regulation and leaving multilevel governance of international public goods to discretionary 'foreign policy', human rights and constitutional democracy call for 'civilizing' and 'constitutionalizing' international economic and environmental cooperation by stronger legal and judicial protection of citizens and their constitutional rights in international economic law. Moreover intergovernmental regulation of transnational cooperation among citizens must be justified by 'principles of justice' and 'multilevel constitutional restraints' protecting rights of citizens and their 'public reason'. The reality of 'constitutional pluralism' requires respecting legitimately diverse conceptions of human rights and democratic constitutionalism. The obvious failures in the governance of interrelated trading, financial and environmental systems must be restrained by cosmopolitan, constitutional conceptions of international law protecting the transnational rule of law and participatory democracy for the benefit of citizens.

Human Rights Translated

Author : Castan Centre for Human Rights Law
Publisher : United Nations Publications
Page : 147 pages
File Size : 40,27 MB
Release : 2008
Category : Business & Economics
ISBN : 9780975244258

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"The purpose of this publication is to contribute to [the] process of clarification by explaining universally recognised human rights in a way that makes sense to business. The publication also aims to illustrate, through the use of case studies and actions, how human rights are relevant in a corporate context and how human rights issues can be managed."--Introduction, p. vii.