Full Description
Building upon the growing body of scholarship on the factors and actors that influence the extent to which states implement human rights law, this cutting-edge Research Handbook takes an interdisciplinary approach to exploring the roles of actors within supranational human rights bodies, the decisions and judgements they make, and the tools they use to facilitate human rights implementation.
Eminent scholars and practitioners in the field reflect on why states implement, or fail to implement, obligations and decisions from the supranational level. The Research Handbook reviews the relevant terminology, recent trends, and the theoretical and methodological perspectives and strategies, before rethinking these explanations and offering original scholarship on human rights implementation. Chapters then consider the roles and interplay of various domestic and international actors involved in human rights implementation, including parliaments, national courts, civil society and treaty bodies. The Research Handbook concludes by assessing tools of implementation, including monitoring systems, the role of negotiations and diplomacy, compliance hearings, and the use of IT for compliance.
Exploring the entire process of human rights law implementation from recommendation to execution to follow up, this comprehensive Research Handbook will be an invaluable resource to students, scholars and practitioners interested in the decisions and judgements behind the implementation of human rights law.
Contents
Contents:
1 Introduction to the Research Handbook on Implementation of Human
Rights in Practice 1
Rachel Murray and Debra Long
PART I RETHINKING IMPLEMENTATION AND
METHODOLOGICAL EXPLANATIONS
2 Implementation and compliance 17
Andreas von Staden
3 Reparations in human rights law 36
Dinah Shelton
4 Unveiling hidden variations: contemporary trends in compliance with
international human rights institutions 59
Jillienne Haglund and Courtney Hillebrecht
5 Implementation of human rights decisions in the African human rights system 79
Gaye Sowe and Eric Bizimana
6 Compliance and compensation: money as a currency of human rights 98
Veronika Fikfak
PART II ACTORS
7 Implementers or facilitators of implementation? Governmental human
rights focal points' complex role in enhancing human rights compliance
at the national level 119
Sébastien Lorion and Stéphanie Lagoutte
8 The role of parliaments in implementing decisions and
recommendations from supranational human rights bodies 140
Brian Chang and Murray Hunt
9 Domestic gatekeepers or international enforcers? National courts'
engagement with decisions of international human rights courts and
treaty bodies 163
Jasper Krommendijk
10 The global human rights 'implementation agenda' and the genesis of NMIRFs 187
Marc Limon
11 The reformation of implementation of human rights by the UN treaty
body system 211
Malcolm D. Evans
PART III TOOLS TO FACILITATE IMPLEMENTATION
12 A vibrant interplay: tools and systems for monitoring human rights
implementation 235
Christian M. De Vos and Ashrakat Mohammed
13 The role of negotiations and diplomacy in encouraging State
implementation of human rights 256
Kriangsak Kittichaisaree
14 Compliance hearings before the Inter-American Court of Human
Rights: unleashing the dynamics of implementation 274
Edward Pérez and Clara Sandoval
15 Prevention, intervention and care management: case studies of
vulnerable populations in South Africa 292
Lillian Artz and Leon Holtzhausen
16 Human rights indicators and implementation 310
Todd Landman and Katarina Schwarz
17 The use of IT for compliance with supranational bodies 328
Jonas Grimheden
Index
