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Regional Protection of Human Rights as Field of Research of Human Rights, Comparative Politics, International Law and International Organization Theory |
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Abstract:
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What are human rights? Why do countries violate human rights? How can human rights be better promoted and protected? Landman (2004: 204) shows that these three inter-related questions have motivated scholars from many disciplines in the field of human rights. One possibility to answer these questions is comparative politics. But most of the comparative analysis can be distinguished into comparing many countries or in comparing few countries in order to answer the above mentioned questions; mostly comparative politics “forget” regional protection systems as important area of research.The paper will focus on regional protection systems: Europe and the Convention of Human Rights and Fundamental Freedoms by the Council of Europe and the Charter of Fundamental Rights of the European Union, America and the American Convention of Human Rights by the Organization of American States and Africa and the African Charter on Human and Peoples’s Rights. Regional protection systems seem to be important to answer the third question. Regional protection systems can be one detail to promote and protect human rights because the member states are forced to implement common, regional standards as a consequence of the binding effect of international law. The reasons why to develop regional systems of human rights protection seems to be quite simple: regional systems are functioning better. Smith (2003: 84) found out three criteria for this thesis: effectiveness, accessibility and enforceability. These criteria oversee the legal and political framework for the better functioning: the regional international organization. International Organization theories seem to be fruitful to explain the foundation and development of regional protection of human rights. The paper attempts to build bridges by bringing human rights, comparative politics, international law and international organization theory together. |
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right (173), human (94), state (56), court (55), african (47), convent (43), articl (42), system (41), protect (40), european (38), charter (38), individu (36), american (32), protocol (29), effect (29), commiss (27), union (23), region (22), fundament (22), peopl (21), nation (21), |
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Name: ISA's 49th ANNUAL CONVENTION, BRIDGING MULTIPLE DIVIDES URL: http://www.isanet.org
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Citation:
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MLA Citation:
| Schlter, Karen. "Regional Protection of Human Rights as Field of Research of Human Rights, Comparative Politics, International Law and International Organization Theory" Paper presented at the annual meeting of the ISA's 49th ANNUAL CONVENTION, BRIDGING MULTIPLE DIVIDES, Hilton San Francisco, SAN FRANCISCO, CA, USA, Mar 26, 2008 <Not Available>. 2008-10-08 <http://www.allacademic.com/meta/p250557_index.html> |
APA Citation:
| Schlter, K. , 2008-03-26 "Regional Protection of Human Rights as Field of Research of Human Rights, Comparative Politics, International Law and International Organization Theory" Paper presented at the annual meeting of the ISA's 49th ANNUAL CONVENTION, BRIDGING MULTIPLE DIVIDES, Hilton San Francisco, SAN FRANCISCO, CA, USA Online <PDF>. 2008-10-08 from http://www.allacademic.com/meta/p250557_index.html |
Publication Type: Conference Paper/Unpublished Manuscript Abstract: What are human rights? Why do countries violate human rights? How can human rights be better promoted and protected? Landman (2004: 204) shows that these three inter-related questions have motivated scholars from many disciplines in the field of human rights. One possibility to answer these questions is comparative politics. But most of the comparative analysis can be distinguished into comparing many countries or in comparing few countries in order to answer the above mentioned questions; mostly comparative politics “forget” regional protection systems as important area of research.The paper will focus on regional protection systems: Europe and the Convention of Human Rights and Fundamental Freedoms by the Council of Europe and the Charter of Fundamental Rights of the European Union, America and the American Convention of Human Rights by the Organization of American States and Africa and the African Charter on Human and Peoples’s Rights. Regional protection systems seem to be important to answer the third question. Regional protection systems can be one detail to promote and protect human rights because the member states are forced to implement common, regional standards as a consequence of the binding effect of international law. The reasons why to develop regional systems of human rights protection seems to be quite simple: regional systems are functioning better. Smith (2003: 84) found out three criteria for this thesis: effectiveness, accessibility and enforceability. These criteria oversee the legal and political framework for the better functioning: the regional international organization. International Organization theories seem to be fruitful to explain the foundation and development of regional protection of human rights. The paper attempts to build bridges by bringing human rights, comparative politics, international law and international organization theory together. |
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5367 |
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| This is a preliminary draft. Please do not quote without my permission. Regional Protection of Human Rights as field of research of human rights comparative politics international law and international organization theory Paper prepared for 49th Annual ISA Convention SAN FRANCISCO MARCH 26 - 29 2008 Introduction What are human rights? Why do countries violate human rights? How can human rights be better promoted and protected? Landman (2004: 204) shows that these three inter-related questions have motivated scholars from |
| system are rather effective. The CoE’s system offers individual application but the effect of the judgements are limited the ECHR may award the victim just satisfaction. The EU’s system does not previews individual applications but the actions by the ECJ – especially preliminary references – are an integrated part of the judicial review so the national court may award the victim more than just satisfaction on the base of the ECJ’s decision. The Inter-American system has a very complex |
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