{"title":"工作文件20:腐败与人权","authors":"Anne Peters","doi":"10.12685/bigwp.2015.20.1-34","DOIUrl":null,"url":null,"abstract":"It is a fact that states with a high corruption rate (or a high corruption perception) are at the same time those with a bad human rights situation. Beyond this coincidence, the paper seeks to identify a concrete legal relationship between corruption and deficient human rights protection. This seems relevant and practical terms, because the extant international norms against corruption have so far yielded only modest success; their implementation could be improved with the help of human rights arguments and instruments. \nThis paper therefore discusses a dual question: \n \nCan corrupt behaviour be conceptualised as a human rights violation? \nShould corrupt behaviour be categorised and sanctioned as a human rights violation? \n \nThe author's answer is that such a juridic reconstruction is plausible under specific conditions, especially for petty corruption, but that we should be aware of the risks of such reframing of the issue.","PeriodicalId":447485,"journal":{"name":"Basel Institute on Governance Working Papers","volume":"246 3","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2015-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"2","resultStr":"{\"title\":\"Working Paper 20: Corruption and human rights\",\"authors\":\"Anne Peters\",\"doi\":\"10.12685/bigwp.2015.20.1-34\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"It is a fact that states with a high corruption rate (or a high corruption perception) are at the same time those with a bad human rights situation. Beyond this coincidence, the paper seeks to identify a concrete legal relationship between corruption and deficient human rights protection. This seems relevant and practical terms, because the extant international norms against corruption have so far yielded only modest success; their implementation could be improved with the help of human rights arguments and instruments. \\nThis paper therefore discusses a dual question: \\n \\nCan corrupt behaviour be conceptualised as a human rights violation? \\nShould corrupt behaviour be categorised and sanctioned as a human rights violation? \\n \\nThe author's answer is that such a juridic reconstruction is plausible under specific conditions, especially for petty corruption, but that we should be aware of the risks of such reframing of the issue.\",\"PeriodicalId\":447485,\"journal\":{\"name\":\"Basel Institute on Governance Working Papers\",\"volume\":\"246 3\",\"pages\":\"0\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2015-03-01\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"2\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Basel Institute on Governance Working Papers\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.12685/bigwp.2015.20.1-34\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Basel Institute on Governance Working Papers","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.12685/bigwp.2015.20.1-34","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
It is a fact that states with a high corruption rate (or a high corruption perception) are at the same time those with a bad human rights situation. Beyond this coincidence, the paper seeks to identify a concrete legal relationship between corruption and deficient human rights protection. This seems relevant and practical terms, because the extant international norms against corruption have so far yielded only modest success; their implementation could be improved with the help of human rights arguments and instruments.
This paper therefore discusses a dual question:
Can corrupt behaviour be conceptualised as a human rights violation?
Should corrupt behaviour be categorised and sanctioned as a human rights violation?
The author's answer is that such a juridic reconstruction is plausible under specific conditions, especially for petty corruption, but that we should be aware of the risks of such reframing of the issue.