PP993
Analítico de Periódico
WYTTENBACH, Judith
Systemic and structural factors relating to quality and equality of human rights implementation in federal states : a critical assessment of the practice of human rights treaty bodies / Judith Wyttenbach
International Human Rights Law Review, v.7 n.1 (2018), p.43-81
DIREITOS HUMANOS, FEDERALISMO, IGUALDADE, ONU, COMITÉ DOS DIREITOS DO HOMEM, PROTECÇÃO DOS DIREITOS HUMANOS, TRIBUNAL EUROPEU DOS DIREITOS DO HOMEM
The internal organisation of a state is a contributing factor to the implementation of human rights treaties. Although federal states do not demonstrate an implementation standard that is generally lower or higher than in unitary states, both the positive developments and deficits arising can be linked to the federal structure. In many cases, under the state’s internal order, the responsibility for implementation lies not only with the federal government but in parallel or even exclusively with the constituent states, provinces or regions. The integration of uniform standards within a system of multi-level politics involves certain special features, which are identified and discussed. For those purposes, the author has evaluated and undertaken a critical analysis of the implementation requirements of international human rights treaties and the European Convention on Human Rights, interpretative documents issued by treaty bodies and judgments of the European Court of Human Rights. The focus of the analysis concerns the structural and institutional frameworks typically found in federal states. The assessment seeks to contribute to a deeper understanding of the benefits and challenges of implementation in federal states.