Localising human rights law : a case-study of civil society interpretation of rights in Scotland
Webster, Elaine and Flanigan, Deirdre (2017) Localising human rights law : a case-study of civil society interpretation of rights in Scotland. International Journal of Human Rights, 22 (1). pp. 22-42. ISSN 1744-053X (https://doi.org/10.1080/13642987.2017.1390302)
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Abstract
Literature, most notably in anthropology and international law, has explored experiences and contributions of local-level actors in efforts to realise international human rights. This article contributes a new and complementary perspective to one aspect of this scholarship, on the localisation of international rights language. It focuses on the localisation of legal language in a European context. It explores claims by civil society actors about the applicability of legal human rights standards, drawing upon data generated during the participative mapping process that underpinned Scotland’s first National Human Rights Action Plan. The article provides a qualitative case-study of engagements with three particular rights – the right to life, the right not to be subjected to inhuman or degrading treatment, and the right to respect for private and family life. It finds significant evidence of civil society actors using the language of human rights law to anchor interpretive claims about how the rights should apply, in a way that is prescribed, but not defined by, authoritative institutional interpretations. The case-study reveals how interpretive engagement with human rights law corresponds to a sense of entitlement to use the language of international human rights. It thereby contributes to a richer understanding of the drivers of, and risks to, local-level ownership of human rights language, highlighting insights for both scholarship and human rights advocacy.
ORCID iDs
Webster, Elaine ORCID: https://orcid.org/0000-0003-1705-207X and Flanigan, Deirdre;-
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Item type: Article ID code: 61966 Dates: DateEvent1 December 2017Published1 November 2017Published Online28 August 2017AcceptedNotes: This is an Accepted Manuscript of an article published by Taylor & Francis in The International Journal of Human Rights on 01/11/2017, available online: http://www.tandfonline.com/10.1080/13642987.2017.1390302. Subjects: Law > Law of the United Kingdom and Ireland > Scotland Department: Faculty of Humanities and Social Sciences (HaSS) > Strathclyde Law School > Law
Strategic Research Themes > Society and PolicyDepositing user: Pure Administrator Date deposited: 09 Oct 2017 13:09 Last modified: 27 Sep 2024 01:03 URI: https://strathprints.strath.ac.uk/id/eprint/61966