TY - JOUR
T1 - Identifying and assessing the implementation of human rights decisions
AU - Long, Debra K
AU - Donald, Alice
AU - Speck, Anne-Katrin
PY - 2020/1/1
Y1 - 2020/1/1
N2 - Assessing the extent to which states have implemented the decisions of supranational human rights bodies is a challenging task. It requires supranational bodies-be they judicial, quasi-judicial or political-to create an evidence-based public record of the status quo of implementation at any point in time and determine whether the measures taken do, in fact, satisfy the requirements of the decision. This, in turn, relies upon states engaging in good faith, victims having a voice, and civil society organizations seizing the opportunity to influence the follow-up process. Using empirical data from interviews in selected states in the African, Inter-American and European regions, and within regional and United Nations bodies, this article argues that in no human rights 'system' are all these expectations met, in part because follow-up work is inadequately resourced. It argues that supranational bodies should proactively seek out diverse sources of information and adopt more transparent and responsive working methods so as to enable 'real time' participation by all interested parties. The article concludes with recommendations for supranational bodies, and state and non-state actors.
AB - Assessing the extent to which states have implemented the decisions of supranational human rights bodies is a challenging task. It requires supranational bodies-be they judicial, quasi-judicial or political-to create an evidence-based public record of the status quo of implementation at any point in time and determine whether the measures taken do, in fact, satisfy the requirements of the decision. This, in turn, relies upon states engaging in good faith, victims having a voice, and civil society organizations seizing the opportunity to influence the follow-up process. Using empirical data from interviews in selected states in the African, Inter-American and European regions, and within regional and United Nations bodies, this article argues that in no human rights 'system' are all these expectations met, in part because follow-up work is inadequately resourced. It argues that supranational bodies should proactively seek out diverse sources of information and adopt more transparent and responsive working methods so as to enable 'real time' participation by all interested parties. The article concludes with recommendations for supranational bodies, and state and non-state actors.
KW - Implementation
KW - Human rights
KW - Judgment
U2 - 10.1093/JHUMAN/HUAA003
DO - 10.1093/JHUMAN/HUAA003
M3 - Special issue (Academic Journal)
SP - 125
EP - 148
JO - Journal of Human Rights Practice
JF - Journal of Human Rights Practice
SN - 1757-9619
ER -