Jonah Patel
Standard-setting in human rights diplomacy is a complex and multifaceted process that involves multiple actors and considerations. It is shaped by the evolving global landscape, including the rise of new powers, technological advancements, and shifts in economic and political power dynamics. The approach taken by emerging powers, such as China, India, Brazil, and others, towards human rights in their foreign policy will significantly impact global human rights struggles. Standard-setting in human rights aims to address specific themes or categories of rights-holders, strengthen international legal rules, and recognize new types of human rights. It involves fostering dialogue, driving systemic change, and promoting education and awareness to empower individuals and organizations to create sustainable impacts. The process must be inclusive and participatory to ensure legitimacy and address the deficits of the international order.
| Characteristics | Values |
|---|---|
| Norm-creating processes must be inclusive and participatory | Legitimacy across various divides |
| Standards have technical, economic, social, and (geo)political implications | Support innovation, economic growth, competitiveness, international trade, sustainable development, and responses to global challenges |
| Standards can provide a context for promoting or abusing human rights | Privacy, the right to confidentiality, security of data, the right to non-discrimination |
| Standards can impact human rights directly | Privacy, the right to non-discrimination |
| Standards are a balancing act between various interests | Maintaining the health of the innovation ecosystem, protecting consumer rights |
| Standards are essential for a holistic approach to debates and decisions | Technical, economic, human rights, and (geo)political considerations |
| Standards should foster diversity and facilitate the participation of less represented actors | Increased diversity, inclusivity |
| Standards should adhere to rules and procedures governing standardization | Strengthened cooperation within the standardization ecosystem |
| Standards enable clearer communication and engagement opportunities | Increased transparency and accessibility |
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What You'll Learn
The history of standard-setting in human rights
Standard-setting in human rights has a long and complex history, with the norms of the human rights movement being created and evolved over time. The Universal Declaration of Human Rights (UDHR) by the United Nations is a milestone document in this history, setting out fundamental human rights to be universally protected for the first time. The UDHR proclaims the rights and freedoms of all individuals, regardless of race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth, or other status. It covers a range of social and economic rights, including the right to just and favourable remuneration, the right to form and join trade unions, the right to rest and leisure, and the right to an adequate standard of living.
However, the process of standard-setting in human rights has not always been straightforward. Treaty-making in this area has become complicated, and there is no guarantee that a treaty will be effective even if it is adopted. Governments and non-governmental organizations (NGOs) may disagree on the value of negotiating new texts, and some states are reluctant to support new standards, even when ratification is optional. This has led to a focus on implementing existing standards rather than creating new ones and a recognition that norm-creating processes must be inclusive and participatory to be legitimate.
Despite these challenges, the history of standard-setting in human rights has been a critical aspect of international relations and the pursuit of social progress and better standards of life for all. It continues to evolve, with ongoing efforts to identify areas for further norm development and to advocate for new human rights standards by human rights experts, NGOs, and inter-governmental and governmental organizations.
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How norms are made and by whom
Norms in human rights diplomacy are created through standard-setting processes that involve various actors and considerations. These norms are shaped by the international order, which is defined by multiple asymmetries, and they determine the purposes that these norms serve. The process of norm creation must be inclusive and participatory to gain legitimacy across various divides.
States play a crucial role in promoting human rights globally by seeking international attention for specific themes or categories of rights-holders, such as women, migrants, or rights like freedom of association. The United Nations (UN) and regional intergovernmental organizations employ both country-specific and theme-specific tactics to improve the protection of human rights. However, the effectiveness of these tactics depends on the nature of the proposed strategy and the relationship between the State and the country in question.
Emerging powers, such as China, India, Brazil, Indonesia, and others, have a growing influence on human rights diplomacy. Their approach to human rights, driven by a newly empowered middle class, will likely shape global human rights struggles more than their foreign policies. These emerging powers may embrace dialogue-driven approaches and thematic-specific standard-setting instead of public criticism and conditionality, presenting both risks and opportunities for maintaining and improving human rights protection.
In addition to country-specific approaches, standard-setting in human rights diplomacy involves the development of international standards, including hard and soft law texts. This process is far from complete, as interpreting and implementing these standards through major treaties remains a challenge. Standard-setting also extends to digital technologies, where standards can promote or abuse human rights and freedoms. For example, standards related to internet protocols, facial recognition technology (FRT), and mobile networks can pose privacy and data security risks if they lack sufficient protections.
To foster convergence between human rights and standardisation, the Human Rights Council (HRC) adopted a resolution in 2021, requesting consultations on the relationships between human rights and technical standard-setting processes for new and emerging technologies. Encouraging the participation of civil society groups in standardisation work is crucial, as competitiveness and maintaining the innovation ecosystem are not the only factors at play. Standard-setting processes must consider technical, economic, human rights, and geopolitical implications to ensure a holistic approach.
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The impact of emerging powers on human rights diplomacy
Standard-setting in human rights diplomacy involves interrogating the processes and politics of standard-setting. It entails tracing the history of the human rights movement, exploring how norms are created, and by whom, and why. This process is crucial for identifying areas where norms need to be developed further. For standard-setting to be legitimate, it must be inclusive and participatory.
Secondly, emerging powers may adopt different tactics in their approach to human rights diplomacy. While they might be reluctant to employ public criticism and conditionality, they may favour dialogue-driven approaches and thematic-specific standard-setting. This shift presents both challenges and opportunities for maintaining and improving international human rights protection. The effectiveness of "naming and shaming" strategies has been questioned, and emerging powers often exhibit a deep scepticism of Western interventionism, as seen in the case of Libya.
Thirdly, the impact of emerging powers on human rights diplomacy within the United Nations (UN) has been underwhelming, according to some observers. For instance, India, Brazil, and South Africa, despite having temporary seats on the UN Security Council, have been criticised for their inaction on key human rights issues, such as the protests in Syria. Their positions are influenced by their historical alliances and their representation of the developing world, often leading to a cautious approach that avoids direct confrontation.
Lastly, the shifting power dynamics have significant implications for the global human rights regime. As economic and political power moves from the West to the Global South and East, the role of emerging powers in international human rights protection and promotion becomes increasingly crucial. However, their impact on the future of human rights remains uncertain. While some countries, particularly those seeking integration with the European Union or NATO, have improved their human rights records due to foreign pressure, large powers like China, Russia, and medium-sized powers like Iran and Sudan, remain relatively unaffected by Western criticism.
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The role of the UN in standard-setting
Standard-setting in human rights diplomacy is a critical function of the United Nations (UN). The UN plays a pivotal role in establishing and upholding universal human rights standards, as enshrined in the Universal Declaration of Human Rights (UDHR). This foundational document, proclaimed by the UN General Assembly in 1948, outlines fundamental human rights that are to be universally protected.
The UDHR is a milestone in the history of human rights, recognising the inherent dignity and equal rights of all people, regardless of race, colour, sex, language, religion, or any other status. It serves as a common standard for all nations, providing a framework for the promotion and protection of human rights. The UDHR has inspired the adoption of numerous human rights treaties and influenced the constitutions of many newly independent states and democracies.
The UN system employs two primary mechanisms to promote and protect human rights: Charter Bodies and Treaty Bodies. Charter Bodies, such as the Human Rights Council (HRC), are established under the UN Charter to advance human rights within all UN member states. The HRC, comprising 47 member states, conducts periodic reviews of human rights records in UN member states and offers recommendations for improvement.
On the other hand, Treaty Bodies focus on monitoring and promoting compliance with specific human rights treaties. These bodies assess reports from State Parties and consider "shadow reports" submitted by non-governmental organisations (NGOs) and National Human Rights Institutions. After evaluating these reports, Treaty Bodies provide recommendations for improving compliance with treaty obligations. Examples of Treaty Bodies include the Committee on Economic, Social and Cultural Rights, which oversees the implementation of the International Covenant on Economic, Social and Cultural Rights, and the Human Rights Committee, which monitors the International Covenant on Civil and Political Rights.
Additionally, the Office of the United Nations High Commissioner for Human Rights (OHCHR), established in 1993, plays a crucial role in preventing human rights violations and securing respect for human rights worldwide. The OHCHR coordinates UN human rights activities and promotes international cooperation to uphold human rights standards. It operates from its headquarters in Geneva and also works directly in regions experiencing severe human rights violations through field offices and peace missions.
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The relationship between standard-setting and human rights in the digital age
Standard-setting in human rights diplomacy is a complex process that involves multiple actors and considerations. It is shaped by the interplay of technical, economic, social, and geopolitical factors, with the ultimate goal of promoting and protecting human rights. In the digital age, the relationship between standard-setting and human rights becomes even more intricate and crucial.
The digital revolution has transformed the way we live, work, and interact, with digital technologies becoming pervasive in all aspects of society. This transformation has brought to light the significant impact of standards on human rights. Standards, such as those related to internet protocols, facial recognition technology, and mobile networks, can either directly promote or abuse human rights. They can impact privacy, security, the right to non-discrimination, and other fundamental freedoms. As a result, standard-setting processes must carefully consider human rights implications to ensure that digital technologies are used to uphold, rather than violate, human rights.
The process of standard-setting in human rights diplomacy involves various actors, including states, international organizations, civil society groups, and private companies. States play a crucial role in promoting human rights through country-specific approaches or by seeking international attention for specific human rights themes. International organizations, such as the United Nations, work to strengthen international legal rules and recognize new types of human rights. Civil society groups and human rights organizations contribute by advocating for specific human rights issues and fostering dialogue and cooperation.
In the digital age, standard-setting processes must be inclusive and participatory to ensure legitimacy and effectiveness. This involves fostering diversity in standardization processes and facilitating the participation of underrepresented groups. Additionally, encouraging convergence between human rights processes and standardization ones is essential. This integration ensures that technical, economic, and geopolitical considerations are balanced with human rights principles, creating a holistic approach to standard-setting.
Furthermore, the digital age has brought about a shift in global power dynamics, with emerging powers such as China, India, Brazil, and others, gaining economic and political influence. These emerging powers will play a crucial role in shaping the future of human rights diplomacy. Their approach to human rights issues in their foreign policy will impact the global human rights struggle, and their participation in standard-setting processes will be instrumental in advancing human rights in the digital age.
In conclusion, the relationship between standard-setting and human rights in the digital age is complex and multifaceted. Standard-setting processes must carefully consider the human rights implications of digital technologies to promote innovation, economic growth, and the protection of fundamental freedoms. By fostering inclusivity, diversity, and convergence with human rights processes, standard-setting can contribute to the advancement and protection of human rights in the digital realm.
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Frequently asked questions
The function of standard-setting in human rights diplomacy is to establish norms and rules that protect and promote human rights. This involves creating and agreeing upon international standards, both in hard and soft law, that address specific human rights issues and themes, such as freedom of association, self-determination, or the right to peace. Standard-setting helps to strengthen international legal rules and recognize new types of human rights.
Standard-setting in human rights diplomacy has several benefits. Firstly, it helps to protect and promote human rights by providing a framework for addressing specific issues and themes. Secondly, it fosters international cooperation and dialogue by providing a platform for countries to work together towards common goals. Thirdly, it contributes to the development of international law and the strengthening of global human rights norms. Additionally, standard-setting can support innovation, economic growth, and competitiveness, facilitating international trade and enabling societies to take advantage of digital technologies to advance sustainable development.
One of the main challenges of standard-setting in human rights diplomacy is ensuring that the process is inclusive and participatory to garner legitimacy. The international order is defined by multiple asymmetries, which can influence the norms created and the purposes they serve. Another challenge is balancing the various interests at stake, such as maintaining the health of the innovation ecosystem, protecting consumer rights, and addressing human rights concerns. Additionally, the impact of naming and shaming approaches, a common tactic in human rights diplomacy, is contested and may not always be effective in bringing about positive change.
