Human Rights Law and Evidence-Based Policy

Human Rights Law and Evidence-Based Policy

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  • Author: Rosemary Byrne
  • Publisher: Routledge
  • ISBN: 0429588658
  • Category : Law
  • Languages : en
  • Pages : 239

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.


Public Health and Human Rights

Public Health and Human Rights

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  • Author: Chris Beyrer
  • Publisher: JHU Press
  • ISBN: 9780801886478
  • Category : Law
  • Languages : en
  • Pages : 520

Provides critical evidenced based assessements and tools with which to investigate the role of rights abrogation in the health of populations.


The Politics of Evidence

The Politics of Evidence

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  • Author: Justin Parkhurst
  • Publisher: Routledge
  • ISBN: 131738086X
  • Category : Medical
  • Languages : en
  • Pages : 245

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.


Socializing States

Socializing States

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  • Author: Ryan Goodman
  • Publisher: Oxford University Press
  • ISBN: 0199301018
  • Category : Political Science
  • Languages : en
  • Pages : 224

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,


Selected International Human Rights Instruments and Bibliography for Research on International Human Rights Law

Selected International Human Rights Instruments and Bibliography for Research on International Human Rights Law

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  • Author: Frank C. Newman
  • Publisher: Anderson Publishing Company (OH)
  • ISBN: 9780870843624
  • Category : Human rights
  • Languages : en
  • Pages : 0

1. United Nations (U.N.)


Mobilizing for Human Rights

Mobilizing for Human Rights

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  • Author: Beth A. Simmons
  • Publisher: Cambridge University Press
  • ISBN: 0521885108
  • Category : Political Science
  • Languages : en
  • Pages : 473

Beth Simmons demonstrates through a combination of statistical analysis and case studies that the ratification of treaties generally leads to better human rights practices. She argues that international human rights law should get more practical and rhetorical support from the international community as a supplement to broader efforts to address conflict, development, and democratization.


Disability Law and Human Rights

Disability Law and Human Rights

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  • Author: Franziska Felder
  • Publisher: Springer Nature
  • ISBN: 3030865452
  • Category : Social Science
  • Languages : en
  • Pages : 268

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.


Human Rights and World Public Order

Human Rights and World Public Order

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  • Author: Myres S. McDougal
  • Publisher: Oxford University Press, USA
  • ISBN: 0190882638
  • Category : Law
  • Languages : en
  • Pages : 1137

In 1980, Professors McDougal, Lasswell, and Chen published the original edition of Human Rights and World Public Order to present a "comprehensive framework of inquiry" from which to approach international human rights law, and international law, and inadequacies therein in the discourse of that time by combining theme, structure, method, and process. As a classic text of the New Haven School of International Law, this book explores human rights and international law in the broadest sense, taking into account social sciences research while embracing all values secured, or consequently fulfilled, or needed to thus be achieved. The book endured as a lasting contribution that reframed human rights within the New Haven School tradition, and as a magnificent work of scholarship freed from the confines of positivism and the static concerns of any one political or historical period. Co-author Lung-chu Chen spearheaded the re-issuance of this venerable title, complete with a contemporary, fresh Introduction to unveil this work to a new generation of scholars, students, and practitioners of international law and human rights. This Introduction surveys the major developments in human rights since 1980, including many doctrines and concepts that have emerged since. It covers contemporary events to provide today's readers with the opportunity to contextualize the chapters and to apply the book's framework to future endeavors.


Evidence-Based Policy

Evidence-Based Policy

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  • Author: Nancy Cartwright
  • Publisher: Oxford University Press, USA
  • ISBN: 0199841624
  • Category : Education
  • Languages : en
  • Pages : 210

Over the last twenty or so years, it has become standard to require policymakers to base their recommendations on evidence. That is now uncontroversial to the point of triviality - of course, policy should be based on the facts. But are the methods that policy makers rely on to gather and analyse evidence the right ones? This book explains that the dominant methods which are in use now - broadly speaking, methods that imitate standard practices in medicine, like randomised control trials - do not work. They fail because they do not enhance our ability to predict if policies will be effective.


Critical Perspectives on Human Rights and Disability Law

Critical Perspectives on Human Rights and Disability Law

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  • Author: Marcia H. Rioux
  • Publisher: Martinus Nijhoff Publishers
  • ISBN: 9004189505
  • Category : Political Science
  • Languages : en
  • Pages : 569

This book examines the changing relationship between disability and the law, addressing the intersection of human rights principles, human rights law, domestic law and the experience of people with disabilities. Drawn from the global experience of scholars and activists in a number of jurisdictions and legal systems, the core human rights principles of dignity, equality and inclusion and participation are analyzed within a framework of critical disability legal scholarship.