Negotiated rights: UN treaty negotiation, socialization, and human rights

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Abstract

International relations scholars have noted the importance of negotiations and socialization in shaping state human rights. So far, we know surprisingly little about how negotiation participation shapes human rights practices. I argue that human rights treaty negotiations socialize states in important ways through repeated interactions in a formal institutional structure. Focusing on the International Covenant on Civil and Political Rights and the Convention on the Elimination of All Forms of Discrimination Against Women, I test whether negotiating states improved, worsened, or made no changes in their rights practices. Using data on UN negotiation participation, I found states negotiating the treaties contributed to positive human rights practices. This finding was the strongest around 10 years after treaty creation, although it was significant decades after treaty creation. The finding held against robustness checks. This research contributes to the study of human rights law, compliance, and socialization within international organizations.

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Comstock, A. L. (2022). Negotiated rights: UN treaty negotiation, socialization, and human rights. Journal of Human Rights, 21(4), 463–484. https://doi.org/10.1080/14754835.2021.2014794

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