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Differentiated decoupling and human rights

By: Berkovitch, Nitza.
Contributor(s): Gordon, Neve.
Material type: materialTypeLabelArticlePublisher: 2016Description: p.499-512.Subject(s): Human rights In: Social problemsSummary: One of the major issues attracting the attention of scholars studying global norm regimes, especially the human rights regime, is their impact on domestic settings. Borrowing from organizational studies, some of these scholars have used the term decoupling to conceptualize the widespread phenomenon of states that sign conventions but do not implement these conventions norms. In this article, we introduce the concept of differentiated decoupling, arguing that the implementation of human rights norms needs to be rethought and reoperationalized. We present a case study-the right to vote in the United States-to illustrate our argument that it is vital to disaggregate the decoupling processes and examine the different social groups within the state rather than limit scrutiny to the state level. We further contend that in order to explain differentiated decoupling, perspectives developed and used by sociologists who study inequality need to be adopted. In this way, scholars can capture the unequal distribution of human rights in domestic settings and begin to untangle the forces leading to differentiated decoupling. An analysis of differentiated decoupling helps reveal that "more human rights" sometimes means more human rights to one group and less to another, suggesting that implementation of human rights norms may even deepen stratification. - Reproduced.
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Articles Articles Indian Institute of Public Administration
Volume no: 63, Issue no: 4 Available AR113324

One of the major issues attracting the attention of scholars studying global norm regimes, especially the human rights regime, is their impact on domestic settings. Borrowing from organizational studies, some of these scholars have used the term decoupling to conceptualize the widespread phenomenon of states that sign conventions but do not implement these conventions norms. In this article, we introduce the concept of differentiated decoupling, arguing that the implementation of human rights norms needs to be rethought and reoperationalized. We present a case study-the right to vote in the United States-to illustrate our argument that it is vital to disaggregate the decoupling processes and examine the different social groups within the state rather than limit scrutiny to the state level. We further contend that in order to explain differentiated decoupling, perspectives developed and used by sociologists who study inequality need to be adopted. In this way, scholars can capture the unequal distribution of human rights in domestic settings and begin to untangle the forces leading to differentiated decoupling. An analysis of differentiated decoupling helps reveal that "more human rights" sometimes means more human rights to one group and less to another, suggesting that implementation of human rights norms may even deepen stratification. - Reproduced.

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