Some Thoughts on the Systematic Measurement of the Abuse of Human Rights

McNitt, Andrew D.

doi:10.1007/978-1-349-10122-1_6

Cited by 7 publications

(2 citation statements)

References 19 publications

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“…As Hertel and Minkler point out, “economic rights remain less well articulated than civil and political rights, less accurately measured, and less consistently implemented in public policy” (Hertel, 2006). In this context, some scholars suggest that ESC rights should not be monitored at all (McNitt, 1998). The assumptions that CP rights and ESC rights were different – that CP rights were immediate, absolute, justiciable and require the abstention of State action while economic and social rights were programmatic, realized gradually, more political in nature and require substantial resources – drove the debate as to whether there would be one or two separate treaties codifying the rights enumerated in the UDHR (Eide, 2001).…”

Section: The Issue Of Justiciability Of Economic Social and Cultural Rightsmentioning

confidence: 99%

Economic, social and cultural rights of women

Arif

2019

IJLMA

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Purpose The purpose of this paper is to highlight the legal framework and challenges to economic, social and cultural (ESC) rights of women. Design/methodology/approach This paper focuses on ESC rights of women. ESC rights are recognized under primary instrument International Covenant on Economic, Social and Cultural Rights (ICESCR), which is adopted by the United Nations (UN) in 1966. States have obligations to respect, protect and fulfil ESC rights. This paper aims to address ESC rights of women in particular. It analyzes the international legal framework including provisions of UN Charter, the Universal Declaration of Human Rights (UDHR) and ICESCR and its optional protocol. It also analyzes provisions of Women’s Convention and identifies its linkage to ICESCR. Findings ESC rights are not justiciable and growing debate over justiciability is important for consideration. Also, there exist certain challenges for the progressive realization of ESC rights which need to be addressed by analyzing provisions of the existing legal framework and Maastricht Guidelines. The argument developed throughout the paper is that women’s ESC rights may be protected at all levels by the progressive realization of these rights. The issue of justiciability may also be resolved to protect the basic needs and interests of women that leads to their empowerment. Originality/value The work is original and not published by any other journal so far.

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Section: The Issue Of Justiciability Of Economic Social and Cultural Rightsmentioning

confidence: 99%

Economic, social and cultural rights of women

Arif

2019

IJLMA

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“…Banks (1986) gave reasons for omitting ESR variables from his analyses in 1986, as didMcNitt (1988).18 See alsoRon (2000) andBerman & Clark (1982). For shifts in tactics of torture that make it more difficult to investigate, seeRejali (2007).…”

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Measuring the Impact of Human Rights: Conceptual and Methodological Debates

Fariss¹,

Dancy

2017

Annu. Rev. Law. Soc. Sci.

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Fifty years ago, the world had very few human rights laws and very little information on human rights violations. Today, the situation could not be more different. The world is awash in laws and indicators of legal violations, and two perspectives have developed to explain their relationship. The factualist approach measures whatever information is available, however imperfectly, and assumes that the resulting indicators are valid representations of the theoretical concepts of interest. The constructivist approach reminds us that these processes are not independent and that a science of law and human rights is fallible. Though the conclusions from these perspectives diverge radically, they agree on a central notion: that international human rights law has contributed very little to social progress. We disagree and offer an alternative, constitutive approach that both accepts the critique of indicators and offers a way forward that encourages scholars to treat measurement itself as an object of theorizing and inquiry.

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Respect for Civil Liberties During the Third Wave of Democratization: Presenting a New Dataset

Møller

Skaaning

2013

Soc Indic Res

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Some Thoughts on the Systematic Measurement of the Abuse of Human Rights

Cited by 7 publications

References 19 publications

Economic, social and cultural rights of women

Economic, social and cultural rights of women

Measuring the Impact of Human Rights: Conceptual and Methodological Debates

Respect for Civil Liberties During the Third Wave of Democratization: Presenting a New Dataset

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