Publication details

Efektivita lidských práv a úskalí jejího empirického zkoumání

Title in English The Efficiency of Human Rights and the Limits of Its Empirical Research
Authors

FLORIAN Oldřich Tristan

Year of publication 2021
Type Article in Periodical
Magazine / Source Právník
MU Faculty or unit

Faculty of Law

Citation
Web https://www.ilaw.cas.cz/casopisy-a-knihy/casopisy/casopis-pravnik/archiv/2021/2021-8.html?a=3596
Keywords human rights; social norms; Posner; internalization; legal centralism
Description The article deals with the effectiveness of incorporating human rights into legal systems. It responds to Eric A. Posner, who, from short-term observation, questions the effectiveness of the outcomes of human rights treaties. At first, the text focuses on the need to change primarily social norms, as these represent stronger motivation for human behaviour than the law. The text further emphasizes the need for internali- zation since social norms must comply with personal normative beliefs to maximize their effectiveness. It states that if we want to support the creation of social norms or creation or change by adopting a legal norm, it must be moderate, not in significant conflict with existing social norms. Overall, it is a long-term process. The article argues that the adoption of human rights treaties cannot immediately transform into social norms, let alone make the individual members of society internalize them to be truly effective. It claims that even if human rights treaties’ effectiveness could be empirically examined, it could not be concluded shortly after their adoption. Finally, the text points out the fundamental problems of empirical research in human rights that we should consider if we would like to build further arguments on its results.
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