Week 4 Flashcards
Democracy, Civil Society and The State
What is the dual role of the State in human rights?
Protector and Violator
What determines when and why states comply with international law according to the realist position?
States’ power and interest
Under what circumstances will states not comply with international law?
When it is not in their interest
What is an example of a case where a state did not comply with international law?
Waldman v Canada (1999, UNHRC), ICJ rulings against Israel
What types of international treaties are more likely to be enforced?
International treaties on trade and security
What theory explains domestic politics in relation to treaty compliance?
Domestic Politics Theory of Treaty Compliance
What are the three ways treaties can influence domestic politics for human rights compliance?
- Executive powers
- Courts
- Bottom-up mobilization
How do executive powers influence compliance with human rights treaties?
They put pressure on governments to respond and alter the national agenda
In which systems are treaties likely to empower the executive?
Sincere ratifiers and systems where treaty ratification empowers the executive
How do courts contribute to the enforcement of international law?
International law becomes enforceable by domestic courts
What conditions lead to bottom-up mobilization for human rights?
- Perceived rights gap
- Likelihood of success
- Knowledge of rights language
- Access to resources (financial + legal)
What does the Thirteenth Amendment to the United States Constitution state?
Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist
What does the documentary ‘13th’ illustrate about the acquisition of rights?
Formal acquisition of rights does not always result in tangible freedoms or protections
What movements were essential to claiming rights and resisting systemic injustices in the USA?
- Civil Rights Movement
- Black Lives Matter Movement (BLM)
What systemic issue do African Americans face in the USA today?
Disproportionate rates of arrest, incarceration, and harsher sentencing
Which human rights treaties has the US ratified, committing to eliminate racial discrimination?
- ICCPR
- ICERD
What is a significant gap that remains in the US regarding human rights treaties?
The gap between treaty commitments and implementation
What is the role of civil society in promoting human rights?
Mobilization efforts like the Civil Rights Movement and BLM
What is the purpose of international human rights courts?
To hold states accountable and prevent violations
What is the European Court of Human Rights (ECtHR) and when was it established?
Established in 1959, it is part of the Council of Europe
How many member states are part of the ECtHR today?
47 member states
What happens when there is a finding of violation by the ECtHR?
- Monetary award
- Individual measures
- General measures
Who can submit reports to ensure enforcement of ECtHR decisions?
NGOs and human rights organizations
What has been criticized about President Erdogan’s government in Turkey?
- Repression of dissent
- Restriction of freedoms
- Undermining democratic institutions
What international commitments does Turkey have as a member of the Council of Europe?
- Uphold the European Convention on Human Rights (ECHR)
- Comply with rulings from the ECtHR
What were the charges against Selahattin Demirtas in Turkey?
Leading a terrorist organization, spreading terrorist propaganda
What did the ECtHR rule regarding Demirtas in 2018 and 2019?
Violation of right to liberty and freedom of expression
What does Turkey’s response to ECtHR rulings reveal about its political stance?
Erdogan stated, ‘ECtHR rulings cannot stop us. We’ll make our counter-move.’
What are the reasons Turkey takes ECtHR rulings seriously?
- Political reasons
- Economic reasons
- Reputational reasons
- Tradition/learned behavior of states
When do we see evasion of ECtHR rulings?
In highly politicized cases
