Suchergebnisse

Chapter 1. The (In)Effectiveness of Human Rights: Mapping Existing Research - An Introduction -- Part I. The Effectiveness of International Law: Institutions and Processes -- Chapter 2. Effectiveness of the ICESCR Complaint Mechanism - An Analysis and Discussion of the Spanish Housing Rights Cases -- Chapter 3. Effective Distance: A Polish Dissident's Encounter with Amnesty International and its Western-born Rules -- Part II. The Effectiveness of Human Rights Monitoring and Implementation at the Domestic Level -- Chapter 4. Does the Right to Education Lead to Better Primary Education Outcomes? -- Chapter 5. Paving the Way for Effective Socio-Economic Rights? The Domestic Enforcement of the European Social Charter System in Light of Recent Judicial Practice -- Chapter 6. How Human Rights Cross-Pollinate and Take Root: Local Governments and Refugees in Turkey -- Part III. Human Rights at the Individual Level: Individual Experiences and Key Actors -- Chapter 7. Child Participation as the Holy Grail: Effective and Meaningful Participation in Judicial Proceedings? The Cases of the Immigration System and the Youth Care System in the Netherlands -- Chapter 8. Human Rights Localisation and Individual Agency: From 'Hobby of the Few' to the Few Behind the Hobby -- Annex: Toogdag 2019 Report.

The human rights regime—as law, institutions and practice—has been facing criticism for decades regarding its effectiveness, particularly in terms of unsatisfactory overall implementation and the failure to protect the most vulnerable who do not enjoy the protection of their States: refugees. Turkey is the country hosting the largest refugee population, with around four million at the end of May 2020. As an administratively centralised country, Turkey's migration policy is implemented by central government agencies, but this has not proved sufficient to guarantee the human rights of refugees on the ground. Meanwhile, in connection with urbanisation, decentralisation and globalisation, local governments around the world are receiving increasing attention from migration studies, political science, law, sociology and anthropology. In human rights scholarship, the localisation of human rights and the potential role of local governments have been presented as ways to counter the shortcomings in the effectiveness of the human rights regime and discourse. While local governments may have much untapped potential, a thorough analysis of the inequalities between local governments in terms of access to resources and opportunities is essential. The Turkish local governments which form the basis of this research, operate in a context of legal ambiguity concerning their competences and obligations in the area of migration. They also have to deal with large differences when it comes to resources and workload. In practice, therefore, there is extreme divergence amongst municipalities in the extent to which they engage with refugee policies. This chapter seeks to answer the question why and how certain local governments in Turkey come to proactively engage in policy-making that improves the realisation of refugees' rights. Exploratory grounded field research among Turkish local governments reveals four main factors that enable and facilitate the engagement of local governments in refugee policies: (1) the capacity of and ...

Human rights have been facing criticism on many fronts, including the challenges of the "enforcement gap" and the "citizenship gap", laying bare the shortcomings with regard to the implementation of human rights law as well as regarding its protection of highly vulnerable groups such as refugees. Research on the effectiveness of human rights, the "localisation" of human rights through invocations and practices on the ground, the increased engagement of local authorities with human rights, are all responses to such challenges to some degree. Based on empirical research conducted within municipalities in four countries, this chapter focuses on a missing piece of the puzzle in terms of conceptual and empirical research: the role of "individual agency". We adopt a socio-legal perspective on human rights and demonstrate that individual agency can make an important contribution to the effective implementation of human rights in the field of migration governance. Behind the black box of the state and local authorities, we find individuals who use human rights—as law, practice and discourse—in local policymaking, in circumstances where invoking human rights is not self-explanatory. Finally, we put forward the notion that reasons such as individual background, motivations, and interactions between individuals influence municipal officials' engagement with human rights, and we reflect on the conceptual and practical implications that result from this.