{"title":"Governmental human rights focal points in federal contexts: The implementation of the Istanbul Convention in Switzerland as a case study","authors":"Matthieu Niederhauser","doi":"10.1177/09240519211016947","DOIUrl":null,"url":null,"abstract":"The implementation of international human rights law in federal States is an underexplored process. Subnational entities regularly enjoy a degree of sovereignty, which raises questions such as whether they implement obligations of international law and how the federal level may ensure that implementation takes place at the subnational level. This article aims to answer these questions, using the implementation of the Convention on Preventing and Combating Violence against Women and Domestic Violence (Convention) in Switzerland as a case study. To implement the Convention at the cantonal level, federal actors decided to use networks of civil servants in charge of domestic violence issues, who act as governmental human rights focal points (GHRFPs). This article is based on original empirical data, on 25 interviews with State officials who participate in this implementation. The findings show how complex GHRFPs networks work in practice to implement the Convention and highlight the role played by numerous non-legal State actors in this process. As a result, the article argues that international human rights law implementation becomes more diversified both within and across federal States.","PeriodicalId":44610,"journal":{"name":"Netherlands Quarterly of Human Rights","volume":"2015 1","pages":"140 - 160"},"PeriodicalIF":1.7000,"publicationDate":"2021-05-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"1","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Netherlands Quarterly of Human Rights","FirstCategoryId":"90","ListUrlMain":"https://doi.org/10.1177/09240519211016947","RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q1","JCRName":"LAW","Score":null,"Total":0}
引用次数: 1
Abstract
The implementation of international human rights law in federal States is an underexplored process. Subnational entities regularly enjoy a degree of sovereignty, which raises questions such as whether they implement obligations of international law and how the federal level may ensure that implementation takes place at the subnational level. This article aims to answer these questions, using the implementation of the Convention on Preventing and Combating Violence against Women and Domestic Violence (Convention) in Switzerland as a case study. To implement the Convention at the cantonal level, federal actors decided to use networks of civil servants in charge of domestic violence issues, who act as governmental human rights focal points (GHRFPs). This article is based on original empirical data, on 25 interviews with State officials who participate in this implementation. The findings show how complex GHRFPs networks work in practice to implement the Convention and highlight the role played by numerous non-legal State actors in this process. As a result, the article argues that international human rights law implementation becomes more diversified both within and across federal States.
期刊介绍:
Human rights are universal and indivisible. Their fundamental importance makes it essential for anyone with an interest in the field to keep abreast of the latest developments. The Netherlands Quarterly of Human Rights (NQHR) is an academic peer-reviewed journal that publishes the latest evolutions in the promotion and protection of human rights from around the world. The NQHR includes multidisciplinary articles addressing human rights issues from an international perspective. In addition, the Quarterly also publishes recent speeches and lectures delivered on the topic of human rights, as well as a section on new books and articles in the field of human rights. The Quarterly employs a double-blind peer review process, and the international editorial board of leading human rights scholars guarantees the maintenance of the highest standard of articles published.