Azadeh Chalabi
- Published in print:
- 2018
- Published Online:
- September 2018
- ISBN:
- 9780198822844
- eISBN:
- 9780191861291
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780198822844.003.0006
- Subject:
- Law, Public International Law
Part III, ‘Empirical Perspectives’, contains only one chapter, Chapter 5, which presents the results of a cross-case analysis of national human rights action plans of fifty-three countries. Adopting ...
More
Part III, ‘Empirical Perspectives’, contains only one chapter, Chapter 5, which presents the results of a cross-case analysis of national human rights action plans of fifty-three countries. Adopting a purposive sampling technique, these countries are selected on the basis of four main criteria, namely human rights record, geographical diversity, political regimes, and cultural diversity. This comprehensive cross-case study follows two objectives. The first objective of this chapter is to unearth significant problems in the ‘pre-phase’ and the four phases of planning, namely ‘preparatory phase’, ‘development phase’, ‘implementing phase’, and ‘assessment phase’. These problems are significantly detrimental to the effective implementation of human rights and their identification will substantially help generate response strategies. These are best addressed by attempting to mitigate their root causes as opposed to only correcting the immediately obvious symptoms. This brings us to the chapter’s second objective, which is to explore the underlying causes of these problems.Less
Part III, ‘Empirical Perspectives’, contains only one chapter, Chapter 5, which presents the results of a cross-case analysis of national human rights action plans of fifty-three countries. Adopting a purposive sampling technique, these countries are selected on the basis of four main criteria, namely human rights record, geographical diversity, political regimes, and cultural diversity. This comprehensive cross-case study follows two objectives. The first objective of this chapter is to unearth significant problems in the ‘pre-phase’ and the four phases of planning, namely ‘preparatory phase’, ‘development phase’, ‘implementing phase’, and ‘assessment phase’. These problems are significantly detrimental to the effective implementation of human rights and their identification will substantially help generate response strategies. These are best addressed by attempting to mitigate their root causes as opposed to only correcting the immediately obvious symptoms. This brings us to the chapter’s second objective, which is to explore the underlying causes of these problems.
Azadeh Chalabi
- Published in print:
- 2018
- Published Online:
- September 2018
- ISBN:
- 9780198822844
- eISBN:
- 9780191861291
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780198822844.003.0005
- Subject:
- Law, Public International Law
Part II, ‘Doctrinal Perspectives’, is structured in two chapters: Chapter 3 and Chapter 4. Chapter 4, which is concerned with the state’s compliance with the obligation to adopt a National Human ...
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Part II, ‘Doctrinal Perspectives’, is structured in two chapters: Chapter 3 and Chapter 4. Chapter 4, which is concerned with the state’s compliance with the obligation to adopt a National Human Rights Action Plan (NHRAP), addresses two sets of questions. The first section of Chapter 4 examines the question as to whether states are expected to adopt separate rights-specific action plans or just one global action plan covering all the rights (and rights-related topics) at once. By adopting a mixed methods approach, including a qualitative textual analysis, a quantitative content analysis, and a fuzzy-set method, the second section of this chapter attempts to clarify the ‘obligation to take all appropriate measures’ (OTAAM) from which the obligation to adopt a national human rights action plan is derived. It seeks to address the questions as to what ‘measure’ and ‘appropriateness’ mean in international human rights law? How to determine the degree of appropriateness of each measure taken by the state?Less
Part II, ‘Doctrinal Perspectives’, is structured in two chapters: Chapter 3 and Chapter 4. Chapter 4, which is concerned with the state’s compliance with the obligation to adopt a National Human Rights Action Plan (NHRAP), addresses two sets of questions. The first section of Chapter 4 examines the question as to whether states are expected to adopt separate rights-specific action plans or just one global action plan covering all the rights (and rights-related topics) at once. By adopting a mixed methods approach, including a qualitative textual analysis, a quantitative content analysis, and a fuzzy-set method, the second section of this chapter attempts to clarify the ‘obligation to take all appropriate measures’ (OTAAM) from which the obligation to adopt a national human rights action plan is derived. It seeks to address the questions as to what ‘measure’ and ‘appropriateness’ mean in international human rights law? How to determine the degree of appropriateness of each measure taken by the state?
Azadeh Chalabi
- Published in print:
- 2018
- Published Online:
- September 2018
- ISBN:
- 9780198822844
- eISBN:
- 9780191861291
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780198822844.001.0001
- Subject:
- Law, Public International Law
This book deals with human rights action planning, as a largely under-researched area, from theoretical, doctrinal, empirical, and practical perspectives in order to put forward a new account of such ...
More
This book deals with human rights action planning, as a largely under-researched area, from theoretical, doctrinal, empirical, and practical perspectives in order to put forward a new account of such planning. As such, the present work provides one of the most comprehensive studies of human rights planning to date. At the theoretical level, by advancing a novel general theory of human rights planning, it offers an alternative to the traditional state-centric model of planning. This new theory contains four sub-theories: contextual, substantive, procedural, and analytical ones.
At the doctrinal level, a textual analysis of core human rights conventions is conducted in order to reveal the scope and nature of the obligation to adopt a national human rights action plan and to consider how to ensure that states are in compliance with this obligation. At the empirical level, a cross-case analysis of national human rights action plans of fifty-three countries is conducted exploring the major problems of these plans in different phases and uncovering the underlying causes. At the practical level, both national and supra-national human rights governance systems are examined. At the supra-national level, a networked model of global human rights governance is suggested as a practical response strategy against the extant global governance system which hardly works as an integrated system. At the national level, after suggesting the establishment of a nation-wide network for implementing human rights, the essential parts of human rights action planning are probed in four phases putting forward some methodological techniques for each phase.Less
This book deals with human rights action planning, as a largely under-researched area, from theoretical, doctrinal, empirical, and practical perspectives in order to put forward a new account of such planning. As such, the present work provides one of the most comprehensive studies of human rights planning to date. At the theoretical level, by advancing a novel general theory of human rights planning, it offers an alternative to the traditional state-centric model of planning. This new theory contains four sub-theories: contextual, substantive, procedural, and analytical ones.
At the doctrinal level, a textual analysis of core human rights conventions is conducted in order to reveal the scope and nature of the obligation to adopt a national human rights action plan and to consider how to ensure that states are in compliance with this obligation. At the empirical level, a cross-case analysis of national human rights action plans of fifty-three countries is conducted exploring the major problems of these plans in different phases and uncovering the underlying causes. At the practical level, both national and supra-national human rights governance systems are examined. At the supra-national level, a networked model of global human rights governance is suggested as a practical response strategy against the extant global governance system which hardly works as an integrated system. At the national level, after suggesting the establishment of a nation-wide network for implementing human rights, the essential parts of human rights action planning are probed in four phases putting forward some methodological techniques for each phase.
