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Chapter 11 - International Human Rights Regimes (Abridged)
Chapter 11 - International Human Rights Regimes (Abridged)
International
Human Rights
Regimes
Mai de los Santos
I. Global Human Rights Regime
International Regimes
• “Systems of norms and decision
making procedures accepted by
states and other international actors
as binding in a particular issue area”
Decision making procedures
Involves binding international decision
Enforcement making (and international monitoring
of national compliance)
Includes monitoring practices and
policy coordination - states use
Implementation international forums to coordinate
policies under national control
Information exchange and efforts to
Promotion encourage/assist national
implementation of international norms
A. Minority Rights
B. The Slave Trade & Slavery
C. Workers’ Rights
D. Genocide and Crimes against
Humanity
E. Racial Discrimination
F. Torture
G. Women’s Rights
H. Children
I. Disabled People
J. Indigenous Peoples’ Rights
Indigenous Peoples’ Rights
• Debate: are they international human rights?
• Distinctive in the context of human rights for 4 reasons:
1. More than three fifths of all states have no indigenous
peoples in their territories
2. Requires the creation of special mechanisms
3. Rights are held by the group and not individual
members
4. Economic costs of indigenous peoples’ rights claims -
astronomical (ex. US and Canada)
V. Assessing Multilateral Human Rights
Mechanisms
Source of Authority
• HR institutions draw influence from broader
organizations
• Avoid politicization to maximize impact
Range or Focus
• Single-issue/thematic initiatives - less threatening
Character of Powers
• Individual complaint mechanisms - relies on the commitment
of states to abide by proceedings and implement decisions;
can only address a small number of cases
VI. The Evolution of Human Rights Regimes
• Promotional regimes remain the rule
• Movement from declaratory regime?
• When states accept norms stronger than non-binding
guidelines: declaratory regimes —> promotional
regimes
• Requires a large qualitative jump in transition to
implementation or enforcement
• Largest contributor to a strong regime: national
commitment
• Enforcement regimes are regional
• Importance of dominant power and hegemony
• Effective exercise of power requires ideological
justification
Overview
End