Do governments mean business when they derogate?: human rights violations during notified states of emergency
Whether international human rights treaties constrain the behavior of governments is a hotly contested issue that has drawn much scholarly attention. The possibility to derogate from some, but not all, of the rights enshrined in the International Covenant on Civil and Political Rights (ICCPR) during declared and officially notified states of emergency provides a hitherto unexplored test case. If governments were increasingly violating non-derogable rights during derogation periods then this provides evidence that the ICCPR has no sufficient constraining effect on state parties. I analyze whether specific individual human rights as well as two aggregate rights measures are systematically more violated during derogation periods in a global sample over the period 1981 to 2008. I find that regime type matters: autocracies step up violation of both non-derogable and derogable rights, anocracies increasingly violate some derogable and some non-derogable rights, whereas democracies see no statistically significant change in their human rights behavior during derogation periods. This result suggests that the main general international human rights treaty fails to achieve its objective of shielding certain rights from derogation where, as in autocracies and anocracies, a constraining effect would be needed most.
|Date of creation:||05 May 2013|
|Date of revision:|
|Publication status:||Published in The Review of International Organizations, 5, May, 2013, 8(1), pp. 1-31. ISSN: 1559-7431|
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- Emilie M. Hafner-Burton & Kiyoteru Tsutsui, 2007. "Justice Lost! The Failure of International Human Rights Law To Matter Where Needed Most," Journal of Peace Research, Peace Research Institute Oslo, vol. 44(4), pages 407-425, July.
- Linda Camp Keith, 1999. "The United Nations International Covenant on Civil and Political Rights: Does It Make a Difference in Human Rights Behavior?," Journal of Peace Research, Peace Research Institute Oslo, vol. 36(1), pages 95-118, January.
- Michael J. Gilligan & Nathaniel H. Nesbitt, 2009. "Do Norms Reduce Torture?," The Journal of Legal Studies, University of Chicago Press, vol. 38(2), pages 445-470, 06.
- Christian Davenport, 2007. "State Repression and the Tyrannical Peace," Journal of Peace Research, Peace Research Institute Oslo, vol. 44(4), pages 485-504, July.
- Hafner-Burton, Emilie M., 2008. "Sticks and Stones: Naming and Shaming the Human Rights Enforcement Problem," International Organization, Cambridge University Press, vol. 62(04), pages 689-716, October.
- Ada Ferrer-i-Carbonell & Paul Frijters, 2002.
"How important is Methodology for the Estimates of the Determinants of Happiness?,"
Tinbergen Institute Discussion Papers
02-024/3, Tinbergen Institute.
- Ada Ferrer-i-Carbonell & Paul Frijters, 2004. "How Important is Methodology for the estimates of the determinants of Happiness?," Economic Journal, Royal Economic Society, vol. 114(497), pages 641-659, 07.
- Eric Neumayer, 2006.
"Do international human rights treaties improve respect for human rights?,"
Conferences on New Political Economy,
in: Max Albert & Stefan Voigt & Dieter Schmidtchen (ed.), Conferences on New Political Economy, edition 1, volume 23, pages 69-104(36
Mohr Siebeck, Tübingen.
- Eric Neumayer, 2005. "Do International Human Rights Treaties Improve Respect for Human Rights?," Journal of Conflict Resolution, Peace Science Society (International), vol. 49(6), pages 925-953, December.
- Eric Neumayer, 2004. "Do international human rights treaties improve respect for human rights?," Law and Economics 0411003, EconWPA, revised 06 Jun 2005.
- Hollyer, James R. & Rosendorff, B. Peter, 2011. "Why Do Authoritarian Regimes Sign the Convention Against Torture? Signaling, Domestic Politics and Non-Compliance," Quarterly Journal of Political Science, now publishers, vol. 6(3–4), pages 275-327, November.
- Geishecker, Ingo & Riedl, Maximilian, 2012. "Ordered response models and non-random personality traits: Monte Carlo simulations and a practical guide," Center for European, Governance and Economic Development Research Discussion Papers 116, University of Goettingen, Department of Economics.
- Gregori Baetschmann & Kevin E. Staub & Rainer Winkelmann, 2015.
"Consistent estimation of the fixed effects ordered logit model,"
Journal of the Royal Statistical Society Series A,
Royal Statistical Society, vol. 178(3), pages 685-703, 06.
- Baetschmann, Gregori & Staub, Kevin E. & Winkelmann, Rainer, 2011. "Consistent Estimation of the Fixed Effects Ordered Logit Model," IZA Discussion Papers 5443, Institute for the Study of Labor (IZA).
- Eric Neumayer, 2007. "Qualified Ratification: Explaining Reservations to International Human Rights Treaties," The Journal of Legal Studies, University of Chicago Press, vol. 36(2), pages 397-429, 06.
- Hafner-Burton, Emilie M. & Helfer, Laurence R. & Fariss, Christopher J., 2011. "Emergency and Escape: Explaining Derogations from Human Rights Treaties," International Organization, Cambridge University Press, vol. 65(04), pages 673-707, October.
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