Hardback
Human Rights Strategies
Benefits and Drawbacks
9781035314133 Edward Elgar Publishing
This book explores how various strategies have been developed over time to address different human rights objectives. It provides a critical examination of the benefits and drawbacks of different human rights strategies, and explores the cultural dimension; considering how particular strategies may be viewed and deployed differently in contemporary human rights practice.
More Information
Critical Acclaim
Contents
More Information
This book explores how various strategies have been developed over time to address different human rights objectives. It provides a critical examination of the benefits and drawbacks of different human rights strategies, and explores the cultural dimension; considering how particular strategies may be viewed and deployed differently in contemporary human rights practice.
An international team of expert legal scholars focus on three key human rights strategies: naming and shaming, strategic litigation and information politics. By analysing these strategies, they explain their respective advantages, pitfalls and idiosyncrasies. Chapters highlight that whilst these strategies may aid in furthering human rights law and protecting individuals from human rights violations, any strategy may have the potential for unintended negative consequences; sometimes at the expense of certain rights or certain individuals. Ultimately, the book highlights that strategies should not overshadow the essence of human rights, but are simply a means of communicating a message.
Human Rights Strategies is a fundamental resource for legal scholars and students with a particular interest in human rights and public international law. Legal practitioners, policymakers and NGOs in the human rights sphere will also find this to be a useful reference point.
An international team of expert legal scholars focus on three key human rights strategies: naming and shaming, strategic litigation and information politics. By analysing these strategies, they explain their respective advantages, pitfalls and idiosyncrasies. Chapters highlight that whilst these strategies may aid in furthering human rights law and protecting individuals from human rights violations, any strategy may have the potential for unintended negative consequences; sometimes at the expense of certain rights or certain individuals. Ultimately, the book highlights that strategies should not overshadow the essence of human rights, but are simply a means of communicating a message.
Human Rights Strategies is a fundamental resource for legal scholars and students with a particular interest in human rights and public international law. Legal practitioners, policymakers and NGOs in the human rights sphere will also find this to be a useful reference point.
Critical Acclaim
‘This book is an important addition to already existing literature on human rights strategies. Its strong points being that the strategies are discussed by experts in the field, that views from the global south are included, and that in addition to benefits, also drawbacks and pitfalls are pointed out, which is very useful for anyone who wishes to learn more about the subject.’
– Theodoor van Boven, Maastricht University, the Netherlands
‘This is a valuable, pioneering work that opens up a much needed discussion of human rights strategies which deal with the immense human rights challenges of our time. It is a foundational and particularly insightful book because it is written by people with experiences on the ground, from different parts of the world.’
– Bertrand Ramcharan, University of Dundee, Scotland
– Theodoor van Boven, Maastricht University, the Netherlands
‘This is a valuable, pioneering work that opens up a much needed discussion of human rights strategies which deal with the immense human rights challenges of our time. It is a foundational and particularly insightful book because it is written by people with experiences on the ground, from different parts of the world.’
– Bertrand Ramcharan, University of Dundee, Scotland
Contents
Contents
Preface vii
List of contributors ix
PART I POSITIVE AND NEGATIVE DIMENSIONS OF
STRATEGIES
1 Introduction to human rights strategies 17
Ingrid Westendorp
2. The deliberative deficit of human rights strategies:
conceptual problems and practical implications 25
Gustavo Arosemena
3 Finding its voice: the OHCHR in the digital age; OHCHR,
human rights violations, social media and press releases 44
Conall Mallory and Rhona Smith
PART II STRATEGIC LITIGATION
4 Disability cause lawyering at the European Court of
Human Rights: lessons from strategic litigation on the
right to political participation 78
János Fiala-Butora, Matthew S. Smith and Michael Ashley Stein
5. Mobilising the European Social Charter’s collective
complaints procedure for legal and social change 108
Nikolaos A. Papadopoulos
6 Legal mobilisation and state incapacity – successes and
challenges in the struggle for scholar transport in South Africa 134
Nurina Ally, Demichelle Petherbridge and Tarryn Cooper-Bell
7. Sámi legal mobilisation to protect indigenous land rights
in Sweden: 160
Peter Johansson and Johan Karlsson Schaffer
PART III INFORMATION POLITICS
8 The Bangladesh government’s response to the human
rights reports of INGOs: an example of ‘information
politics’ from the Global South 188
Jobair Alam, Naimul Hasan and Tasnim Nusrat Reza
9 Emancipation through human rights practice: new
epistemology from rural West Bengal 211
Saori Murakami
10 Can talking about dignity support the growth of a human
rights culture? A view from Scotland 233
Elaine Webster
Preface vii
List of contributors ix
PART I POSITIVE AND NEGATIVE DIMENSIONS OF
STRATEGIES
1 Introduction to human rights strategies 17
Ingrid Westendorp
2. The deliberative deficit of human rights strategies:
conceptual problems and practical implications 25
Gustavo Arosemena
3 Finding its voice: the OHCHR in the digital age; OHCHR,
human rights violations, social media and press releases 44
Conall Mallory and Rhona Smith
PART II STRATEGIC LITIGATION
4 Disability cause lawyering at the European Court of
Human Rights: lessons from strategic litigation on the
right to political participation 78
János Fiala-Butora, Matthew S. Smith and Michael Ashley Stein
5. Mobilising the European Social Charter’s collective
complaints procedure for legal and social change 108
Nikolaos A. Papadopoulos
6 Legal mobilisation and state incapacity – successes and
challenges in the struggle for scholar transport in South Africa 134
Nurina Ally, Demichelle Petherbridge and Tarryn Cooper-Bell
7. Sámi legal mobilisation to protect indigenous land rights
in Sweden: 160
Peter Johansson and Johan Karlsson Schaffer
PART III INFORMATION POLITICS
8 The Bangladesh government’s response to the human
rights reports of INGOs: an example of ‘information
politics’ from the Global South 188
Jobair Alam, Naimul Hasan and Tasnim Nusrat Reza
9 Emancipation through human rights practice: new
epistemology from rural West Bengal 211
Saori Murakami
10 Can talking about dignity support the growth of a human
rights culture? A view from Scotland 233
Elaine Webster
