Human Rights Law and Evidence-Based Policy

Human Rights Law and Evidence-Based Policy

Author: Rosemary Byrne

Publisher: Routledge

Published: 2019-12-06

Total Pages: 239

ISBN-13: 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

The Oxford Handbook of the Science of Science Communication

Author: Kathleen Hall Jamieson

Publisher: Oxford University Press

Published: 2017

Total Pages: 513

ISBN-13: 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.


What Works?

What Works?

Author: Nutley, Sandra M.

Publisher: Policy Press

Published: 2000-07-19

Total Pages: 396

ISBN-13: 1861341911

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An exploration of how the knowledge gained from research is used to improve the effectiveness of public policy formation and public service delivery. It covers eight areas of public service - health, education, criminal justice, social policy, transport, urban policy, housing and social care.


Socializing States

Socializing States

Author: Ryan Goodman

Publisher: Oxford University Press

Published: 2013-09-11

Total Pages: 251

ISBN-13: 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

Research Handbook on the Politics of Human Rights Law

Author: Bård A. Andreassen

Publisher: Edward Elgar Publishing

Published: 2023-04-28

Total Pages: 0

ISBN-13: 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.


The Politics of Evidence

The Politics of Evidence

Author: Justin Parkhurst

Publisher: Routledge

Published: 2016-10-04

Total Pages: 287

ISBN-13: 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.


Evidence for Hope

Evidence for Hope

Author: Kathryn Sikkink

Publisher: Princeton University Press

Published: 2017

Total Pages: 328

ISBN-13: 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.


Disability Law and Human Rights

Disability Law and Human Rights

Author: Franziska Felder

Publisher: Springer Nature

Published: 2022-01-17

Total Pages: 268

ISBN-13: 3030865452

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This book, exploring the theoretical and practical implications of the United Nations Convention on the Rights of Persons with Disabilities (CRPD), brings together an international and interdisciplinary group of leading researchers in the areas of philosophy of disability, disability law, and disability policy. It addresses both the philosophical foundations of the CRPD as well as complex contemporary legal and policy debates. With a comprehensive introduction outlining key milestones in the development and implementation of the CRPD, the book addresses the most fundamental questions the CRPD raises for the way we think about human rights, law, and disability, and how we operationalize rights in the legal and policy domains. The contributors traverse themes of personhood, equality, capacity, and intersectionality, explore the dilemmas involved in translating these concepts in practice, and reflect on the promises and limitations of the human rights project.


International Human Rights

International Human Rights

Author: David S. Weissbrodt

Publisher: LexisNexis/Matthew Bender

Published: 2009

Total Pages: 1352

ISBN-13:

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This comprehensive work provides an introduction to human rights law, policy, and process. International Human Rights begins with an overview, then discusses drafting and ratifying treaties, establishing institutions, using procedures for monitoring compliance and responding to gross violations, using adjudicative remedies, applying refugee and international labor law, relating human rights norms to terrorism, and exploring how the causes of violations can be used to improve human rights compliance. The Fourth Edition addresses a number of significant developments in the human rights arena including: Emergence of international criminal law as a potential response to crimes against humanity; Emergence of the United Nations Security Council as a significant human rights actor and the challenges it faces; The role of human rights norms in responding to and regulating state responses to terrorism; The capacity of human rights to respond to abuses by corporate actors; The ability of human rights to respond to and account for violations committed in the context of ethnic hatred, internal conflict, and intrastate violence; and The challenges faced by non-government human rights organizations in the post 9/11 context. International Human Rights is also accompanied by a comprehensive documentary supplement, Selected International Human Rights Instruments and Bibliography for Research on International Human Rights Law. Professor Weissbrodt provides periodic updates to the casebook on the University of Minnesota Human Rights Library Web site (http://www1.umn.edu/humanrts/intlhr). This book also is available in a three-hole punched, alternative loose-leaf version printed on 8.5 x 11 inch paper with wider margins and with the same pagination as the hardbound book.


Human Rights Indicators in Development

Human Rights Indicators in Development

Author: Siobhan McInerney-Lankford

Publisher: World Bank Publications

Published: 2010-10-26

Total Pages: 94

ISBN-13: 0821385763

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Human rights indicators are central to the application of human rights standards in context and relate essentially to measuring human rights realization, both qualitatively and quantitatively. They offer an empirical or evidence-based dimension to the normative content of human rights legal obligations and a provide means of connecting those obligations with empirical data and evidence, and in this way relate to human rights accountability and the enforcement of human rights obligations. Human rights indicators are important both for assessment and diagnostic purposes: the assessment function of human rights indicators relates to their use in monitoring accountability, effectiveness and impact, while the diagnostic purposes relates to measuring the current state of human rights implementation and enjoyment in a given context, whether regional, country-specific or local. This paper offers a preliminary review of the foregoing in the development context, and a general perspective on the significance of human rights indicators for development processes and outcomes. It is not intended to be prescriptive and does not provide specific operational recommendations on the use of human rights indicators in development projects. Nor does it advocate a particular approach or mode of integrating human rights in development, or argue for a rights-based approach to development. This paper is designed to provide development practitioners with a preliminary view on the possible relevance, design and use of human rights indicators in development policy and practice. It also introduces a basic conceptual framework about the relationship between rights and development, including in the World Bank context and surveys a range of methodological approaches on human rights measurement, exploring in general terms different types of human rights indicators and their potential implications for development at three different levels of convergence or integration.