{"title":"在冲突后环境中实施国际人权法-不接受的反弹:来自阿富汗的教训","authors":"Leanne Smith","doi":"10.2202/1554-4419.1146","DOIUrl":null,"url":null,"abstract":"This paper explores the difficulties of implementing international human rights standards in post conflict states, particularly in Islamic States, using Afghanistan as a case study. The paper will submit that imposing international human rights law with a top down' approach is ineffective, using the example of the western-style Afghan constitution which contains many human rights protections, such as freedom of religion, that cannot be realized in contemporary Afghan society. It will be argued that a more transparent, consultative and long-term approach to human rights implementation should be taken in post conflict situations, if human rights' is to be more than a catch phrase for membership of the international community.","PeriodicalId":35445,"journal":{"name":"Muslim World Journal of Human Rights","volume":null,"pages":null},"PeriodicalIF":0.0000,"publicationDate":"2009-01-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.2202/1554-4419.1146","citationCount":"6","resultStr":"{\"title\":\"Implementing International Human Rights Law in Post Conflict Settings - Backlash without Buy-In: Lessons from Afghanistan\",\"authors\":\"Leanne Smith\",\"doi\":\"10.2202/1554-4419.1146\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"This paper explores the difficulties of implementing international human rights standards in post conflict states, particularly in Islamic States, using Afghanistan as a case study. The paper will submit that imposing international human rights law with a top down' approach is ineffective, using the example of the western-style Afghan constitution which contains many human rights protections, such as freedom of religion, that cannot be realized in contemporary Afghan society. It will be argued that a more transparent, consultative and long-term approach to human rights implementation should be taken in post conflict situations, if human rights' is to be more than a catch phrase for membership of the international community.\",\"PeriodicalId\":35445,\"journal\":{\"name\":\"Muslim World Journal of Human Rights\",\"volume\":null,\"pages\":null},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2009-01-07\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"https://sci-hub-pdf.com/10.2202/1554-4419.1146\",\"citationCount\":\"6\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Muslim World Journal of Human Rights\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.2202/1554-4419.1146\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q3\",\"JCRName\":\"Social Sciences\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Muslim World Journal of Human Rights","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.2202/1554-4419.1146","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q3","JCRName":"Social Sciences","Score":null,"Total":0}
Implementing International Human Rights Law in Post Conflict Settings - Backlash without Buy-In: Lessons from Afghanistan
This paper explores the difficulties of implementing international human rights standards in post conflict states, particularly in Islamic States, using Afghanistan as a case study. The paper will submit that imposing international human rights law with a top down' approach is ineffective, using the example of the western-style Afghan constitution which contains many human rights protections, such as freedom of religion, that cannot be realized in contemporary Afghan society. It will be argued that a more transparent, consultative and long-term approach to human rights implementation should be taken in post conflict situations, if human rights' is to be more than a catch phrase for membership of the international community.
期刊介绍:
Muslim World Journal of Human Rights promises to serve as a forum in which barriers are bridged (or at least, addressed), and human rights are finally discussed with an eye on the Muslim world, in an open and creative manner. The choice to name the journal, Muslim World Journal of Human Rights reflects a desire to examine human rights issues related not only to Islam and Islamic law, but equally those human rights issues found in Muslim societies that stem from various other sources such as socio-economic and political factors, as well the interaction and intersections of the two areas. MWJHR welcomes submissions that apply the traditional human right framework in their analysis as well as those that transcend the boundaries of contemporary scholarship in this regard. Further, the journal also welcomes inter-disciplinary and/or comparative approaches to the study of human rights in the Muslim world in an effort to encourage the emergence of new methodologies in the field. Muslim World Journal of Human Rights recognizes that several highly contested debates in the field of human rights have been reflected in the Muslim world but have frequently taken on their own particular manifestation in accordance with the varying contexts of contemporary Muslim societies.