The domestic impact and effectiveness of the process of state reporting under UN human rights treaties in the Netherlands, New Zealand and Finland : paper-pushing or policy prompting? / Jasper Krommendijk.
2014
JC571 .K76 2014 (Map It)
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Details
Author
Title
The domestic impact and effectiveness of the process of state reporting under UN human rights treaties in the Netherlands, New Zealand and Finland : paper-pushing or policy prompting? / Jasper Krommendijk.
Published
Cambridge, United Kingdom : Intersentia, [2014]
Copyright
©2014
Call Number
JC571 .K76 2014
ISBN
9781780682440 (pbk.)
1780682441 (pbk.)
1780682441 (pbk.)
Description
xxiv, 461 pages : illustrations ; 24 cm.
System Control No.
(OCoLC)884708933
Summary
"The number of international human rights treaties and monitoring mechanisms has grown considerably over the past decades. States are increasingly confronted with criticism as to their domestic human rights record. What is the effect of all these treaties, monitoring and criticism? Do they lead to changes and improvements? This book addresses such questions. More in particular, it investigates the domestic impact and effectiveness of the process of state reporting under the six main UN human rights treaties in the Netherlands, New Zealand and Finland. The focus is on the effectiveness of the recommendations of the treaty bodies and the extent to which policy or legislation is changed as a result of these recommendations. This question has hardly been addressed before. This book fills this empirical gap and provides insights into the factors at both the national and international level which contribute to the effectiveness of the treaty bodies' recommendations. The book is original and thorough in its approach because it is based on an extensive analysis of a wide variety of documents as well as 175 interviews with various domestic human rights stakeholders in the three countries. This includes government officials, NGO representatives, members of parliament, lawyers and judges, representatives from human rights and Ombudsman institutions and academics. The book discusses a large number of concrete examples of effective recommendations of the treaty bodies to illustrate the major conclusions"--Page 4 of cover.
Note
Based on the author's dissertation.
"The number of international human rights treaties and monitoring mechanisms has grown considerably over the past decades. States are increasingly confronted with criticism as to their domestic human rights record. What is the effect of all these treaties, monitoring and criticism? Do they lead to changes and improvements? This book addresses such questions. More in particular, it investigates the domestic impact and effectiveness of the process of state reporting under the six main UN human rights treaties in the Netherlands, New Zealand and Finland. The focus is on the effectiveness of the recommendations of the treaty bodies and the extent to which policy or legislation is changed as a result of these recommendations. This question has hardly been addressed before. This book fills this empirical gap and provides insights into the factors at both the national and international level which contribute to the effectiveness of the treaty bodies' recommendations. The book is original and thorough in its approach because it is based on an extensive analysis of a wide variety of documents as well as 175 interviews with various domestic human rights stakeholders in the three countries. This includes government officials, NGO representatives, members of parliament, lawyers and judges, representatives from human rights and Ombudsman institutions and academics. The book discusses a large number of concrete examples of effective recommendations of the treaty bodies to illustrate the major conclusions"--Page 4 of cover.
"The number of international human rights treaties and monitoring mechanisms has grown considerably over the past decades. States are increasingly confronted with criticism as to their domestic human rights record. What is the effect of all these treaties, monitoring and criticism? Do they lead to changes and improvements? This book addresses such questions. More in particular, it investigates the domestic impact and effectiveness of the process of state reporting under the six main UN human rights treaties in the Netherlands, New Zealand and Finland. The focus is on the effectiveness of the recommendations of the treaty bodies and the extent to which policy or legislation is changed as a result of these recommendations. This question has hardly been addressed before. This book fills this empirical gap and provides insights into the factors at both the national and international level which contribute to the effectiveness of the treaty bodies' recommendations. The book is original and thorough in its approach because it is based on an extensive analysis of a wide variety of documents as well as 175 interviews with various domestic human rights stakeholders in the three countries. This includes government officials, NGO representatives, members of parliament, lawyers and judges, representatives from human rights and Ombudsman institutions and academics. The book discusses a large number of concrete examples of effective recommendations of the treaty bodies to illustrate the major conclusions"--Page 4 of cover.
Bibliography, etc. Note
Includes bibliographical references (pages 429-450) and index.
Record Appears in
Table of Contents
Acknowledgments
vii
List of Abbreviations
xix
List of Figures and Tables
xxiii
ch. I
Introduction
1
1.
Brief overview of the process of state reporting and the legal status of COs
2
1.1.
The process of state reporting
2
1.2.
Objectives of reporting
5
1.3.
The legal status of COs
7
2.
Overview of the deficiencies of the treaty body system
9
2.1.
The treaty body reform discussion
10
2.2.
The weaknesses in the treaty body system, the dialogue and the COs
11
2.3.
Recent improvements
19
3.
Overview of contemporary research on the effectiveness of COs
20
4.
Main research questions and definitions
24
4.1.
Broader influence of the process
25
4.2.
Impact
25
4.3.
Effectiveness
26
5.
Research objectives and contributions
27
6.
Valorisation: societal relevance of this research
28
7.
Structure of the book
29
pt. A
Theoretical and Methodological Framework
31
ch. II
Theoretical Framework
33
1.
Logic of consequences: instrumentalist or rationalist models
35
1.1.
External or international incentives models
35
1.2.
Domestic politics, institutions and mobilisation
37
2.
Logic of appropriateness: ideational norm-centred approaches
41
2.1.
The managerial model
42
2.2.
Legitimacy and persuasion
43
3.
Combining the two logics: transnational human rights advocacy
44
4.
Theoretical implications for this research
47
ch. III
Methodological Framework
49
1.
Country selection
49
1.1.
Western liberal democracies as most likely cases
49
1.2.
The Netherlands as the main case
52
1.3.
Two additional most similar countries: New Zealand and Finland
53
2.
Methodology
56
2.1.
The broader influence
57
2.2.
Domestic impact and domestic mobilisation
58
2.3.
The effectiveness of COs
60
2.4.
Limitations to the measuring of effectiveness
63
2.5.
Explaining the (ineffectiveness of COs
65
2.6.
Interviews
66
pt. B
The Netherlands
69
ch. IV
The Role and Place of Human Rights and State Reporting in the Netherlands
71
1.
Background to the Dutch legal and political system
71
2.
The role of human rights in the Dutch legal order
73
2.1.
Government
74
2.2.
Parliament
76
2.3.
National courts and legal practice
77
2.4.
The legal (human rights) culture
79
2.5.
Concluding remarks and recent developments
80
3.
The broader influence of the reporting process
82
3.1.
The organisation of the process of state reporting
83
3.2.
The attitude of government officials towards the process of state reporting
85
3.2.1.
The value of reporting
85
3.2.2.
The importance given to reporting in practice
87
4.
The views of government officials about the quality of treaty bodies and the COs
90
4.1.
The irrelevance of the dialogue
91
4.2.
The superficiality of the dialogue
93
4.3.
The absence of a constructive dialogue
95
4.4.
The limited quality and specificity of COs
96
5.
Conclusion
98
ch. V
ICERD
99
1.
Domestic impact and domestic mobilisation
99
1.1.
Governmental attention
99
1.2.
Parliamentary scrutiny
101
1.3.
Courts and legal practice
102
1.4.
NGOs
103
1.5.
Media coverage
105
1.6.
Conclusion
105
2.
Assessing the effectiveness of COs
106
2.1.
COs that have been rejected
108
2.2.
Standing policy measures in line with the COs
110
2.3.
(Partly) effective COs
110
3.
Treaty specific reasons for the (in)effectiveness of COs
114
3.1.
Factors related to the domestic context
114
3.2.
The (perceived) quality of the CERD
117
4.
Conclusion
121
ch. VI
ICCPR
123
1.
Domestic impact and domestic mobilisation
124
1.1.
Governmental attention
125
1.2.
Parliamentary scrutiny
126
1.3.
Courts and legal practice
127
1.4.
NGOs
128
1.5.
Media coverage
130
1.6.
Conclusion
130
2.
Assessing the effectiveness of COs
131
2.1.
COs that have been rejected
131
2.2.
Standing policy and legislative measures in line with the COs
133
2.3.
(Partly) effective COs
134
3.
Treaty specific reasons for the (in)effectiveness of COs
136
3.1.
Factors related to the domestic context
136
3.2.
The (perceived) quality of the HRC
139
4.
Conclusion
141
ch. VII
ICESCR
143
1.
Domestic impact and domestic mobilisation
143
1.1.
Governmental attention
143
1.2.
Parliamentary scrutiny
144
1.3.
Courts and legal practice
146
1.4.
NGOs
147
1.5.
Media coverage
148
1.6.
Conclusion
149
2.
Assessing the effectiveness of COs
150
2.1.
COs that have been rejected
151
2.2.
Standing policy and legislative measures in line with the COs
153
3.
Treaty specific reasons for the (ineffectiveness of COs
154
3.1.
Factors related to the domestic context
154
3.2.
The (perceived) quality of the CESCR
158
4.
Conclusion
163
ch. VIII
CEDAW
165
1.
Domestic impact and domestic mobilisation
165
1.1.
Governmental attention
167
1.2.
Parliamentary scrutiny
168
1.3.
Courts and legal practice
171
1.4.
NGOs
172
1.5.
Media coverage
175
1.6.
Conclusion
176
2.
Assessing the effectiveness of COs
177
2.1.
COs that have been rejected
178
2.2.
Standing policy and legislative measures in line with the COs
181
2.3.
(Partly) effective COs
183
2.3.1.
The SGP case
184
2.3.2.
Law on Names
185
2.3.3.
Reinstatement of maternity benefits for self-employed women
187
2.3.4.
More attention to the gender aspects of domestic violence
188
2.3.5.
Evaluation gender dimension asylum policy
190
2.3.6.
Uninterrupted long school day
191
2.3.7.
Training and education for prostitutes leaving their profession
191
3.
Treaty specific reasons for the (ineffectiveness of COs
192
3.1.
Factors related to the domestic context
192
3.2.
The (perceived) quality of the CEDAW Committee
195
4.
Conclusion
198
ch. IX
CAT
199
1.
Domestic impact and domestic mobilisation
200
1.1.
Government informing parliament
200
1.2.
Parliamentary scrutiny
200
1.3.
Courts and legal practice
201
1.4.
NGOs
201
1.5.
Media coverage
203
1.6.
Conclusion
203
2.
Assessing the effectiveness of COs
203
2.1.
Standing policy and legislative measures in line with the COs
204
2.2.
(Partly) effective COs
206
3.
Treaty specific reasons for the (in)effectiveness of COs
207
3.1.
Factors related to the domestic context
207
3.2.
The (perceived) quality of the CAT Committee
211
4.
Conclusion
212
ch. X
CRC
213
1.
Domestic impact and domestic mobilisation
213
1.1.
Government attention
213
1.2.
Parliamentary scrutiny
217
1.3.
Courts and legal practice
221
1.4.
NGOs
223
1.5.
Media coverage
226
1.6.
The broader influence of the reporting process under the CRC
227
2.
Assessing the effectiveness of COs
230
2.1.
COs that have been rejected
231
2.2.
Standing policy and legislative measures in line with the COs
232
2.3.
(Partly) effective COs
233
2.3.1.
The establishment of a Children's Ombudsman
234
2.3.2.
The separate housing of juvenile offenders
235
2.3.3.
Increased dissemination and raising awareness about the CRC
236
2.3.4.
Improvements in the asylum procedure for children
237
2.3.5.
The prohibition of corporal punishment
240
2.3.6.
Improved interaction between NGOs and the government
241
2.3.7.
Initiatives in the context of human rights education
242
2.3.8.
The abolition of life imprisonment for minors
243
2.3.9.
Renewed consultations about foster care
244
2.3.10.
The promotion of breastfeeding
245
3.
Treaty specific reasons for the (in)effectiveness of COs
245
3.1.
Factors related to state level
245
3.2.
The (perceived) quality of the CRC Committee
249
4.
Conclusion
252
ch. XI
Comparison of the findings for the Netherlands
253
1.
The broader influence of the reporting process
253
1.1.
Reporting as an opportunity for reflection?
253
1.2.
Increased understanding or awareness?
255
2.
The domestic impact of the reporting process and the COs
255
2.1.
The impact of COs
255
2.2.
Recent developments which might strengthen the impact of the COs
259
3.
Effectiveness of the COs
261
4.
Factors obstructing the effectiveness of COs
265
5.
Factors contributing to the effectiveness of COs
267
pt. C
New Zealand and Finland
271
ch. XII
New Zealand
273
1.
Background: the New Zealand legal and political system
274
2.
The broader influence of the reporting process
276
2.1.
The organisation of the process of state reporting
276
2.2.
The attitude of government officials towards the process of state reporting
280
2.3.
Increased understanding or awareness?
283
3.
Domestic impact and domestic mobilisation
284
3.1.
Governmental attention
284
3.2.
Parliamentary scrutiny
287
3.3.
Courts and legal practice
290
3.4.
Human Rights Commission and Office of the Children's Commissioner
291
3.5.
NGOs
293
3.6.
Media coverage
295
4.
Assessing the effectiveness of COs
296
4.1.
Prohibition of corporal punishment through the repeal of section 59
299
4.2.
Avoiding age mixing in prison
301
4.3.
The repeal of the Foreshore and Seabed Act 2004
302
4.4.
Education for unlawfully present children
303
4.5.
Withdrawal of the reservation to CEDAW: women in armed forces
304
4.6.
The independence of the Police Conduct Authority
306
4.7.
The strengthening of the Children's Commissioner
306
4.8.
The incorporation of the prohibition of non-refoulement
307
4.9.
Conclusion
308
5.
Explaining the (in)effectiveness of COs
310
5.1.
Factors facilitating the effectiveness of COs
310
5.2.
Factors obstructing the effectiveness of COs
311
6.
Conclusion
316
ch. XIII
Finland
317
1.
Background: the Finnish legal and political system
317
2.
The broader influence of the reporting process
321
2.1.
The organisation of the process of state reporting
321
2.2.
Attitude of government officials towards the process of state reporting
325
2.3.
Increased understanding or awareness?
326
3.
Domestic impact and domestic mobilisation
327
3.1.
Governmental attention
328
3.2.
Parliamentary scrutiny
330
3.3.
Courts and legal practice
332
3.4.
Ombudsmen and Human Rights Centre
334
3.5.
NGOs
336
3.6.
Media coverage
340
4.
Assessing the effectiveness of COs
341
4.1.
The establishment of an assistant Parliamentary Ombudsman and an Ombudsman for Children
345
4.2.
Sami land rights and the ratification of ILO Convention 169
346
4.3.
The criminalisation of torture
348
4.4.
Violence against women in the 1990s
350
4.5.
The establishment of the Ombudsman for Minorities
351
4.6.
Consolidation of equality legislation
351
4.7.
The reduction of the length of the alternative service for conscientious objectors
352
4.8.
The CRC in school curricula
354
4.9.
Conclusion
354
5.
Explaining the (ineffectiveness of COs
357
5.1.
Factors facilitating the effectiveness of COs
357
5.2.
Factors obstructing the effectiveness of COs
361
6.
Conclusion
362
pt. D
Conclusion
365
ch. XIV
Conclusion: Main Findings and Reflections
367
1.
The broader influence of the reporting process
368
2.
The domestic impact of the reporting process and the COs
369
3.
Effectiveness of the COs
372
4.
Factors contributing to the (ineffectiveness of COs
376
4.1.
Factors contributing to ineffectiveness of COs
376
4.2.
The subject matter and specificity of COs
378
4.3.
Domestic factors contributing to the effectiveness of COs
379
4.3.1.
Domestic mobilisation
381
4.3.2.
Structure: the organisation of the reporting process and follow-up to COs
383
4.3.3.
Commitment: views and outlook of decision makers
385
4.3.4.
Cultural, political and legal factors
387
5.
Reflections and discussion
388
6.
Policy recommendations
390
6.1.
Suggestions for the treaty bodies: less is more
391
6.2.
Suggestions for domestic stakeholders: COs as practical props
394
Nederlandse samenvatting [Summary in Dutch]
395
Appendix 1
List of persons interviewed by the author
405
Appendix 2
Databases and search terms used
417
Appendix 3
Interview Checklist
427
Bibliography
429
Index
451