Engaging with Human Rights How Subnational Actors use Human Rights Treaties in Policy Processes

Making human rights a reality requires that various types of domestic actors take measures, which is often demanding, all the more so in federal systems. This open access book, Engaging with Human Rights: How Subnational Actors use Human Rights Treaties in Policy Processes, shows that an important part is played at the subnational level, with repeated back-and-forth between and within levels of governance rather than a ‘top-down’ trajectory. The dynamics of implementation at national and sub-national level is an emerging area of study. This book explores how actors use human rights treaties in the policy process, sometimes leading to an engagement that increases human rights implementation, and at other times not. Treaties provide both opportunities and constraints.

Switzerland, as a highly decentralized federal state, offers a perfect setting to study the processes at work. Using legal, political, and sociological analyses, the authors draw on over 65 semi-structured interviews and focusses on two topical case studies: violence against women, including domestic violence, and the rights of persons with disabilities. This book provides a blueprint for other researchers and practitioners who wish to study the concrete implementation and impacts of human rights obligations.   

1 Introduction.- 2 The neglect of subnational legislators in research on international law and why it matters.- 3 Studying what subnational legislators do with international human rights norms.- 4 Actors, mechanisms and socio-political uses.- 5 Discussion: Varieties of cantonal paths and engagements.- 6 Conclusion and future research.

Jonathan Miaz (Shared first Authorship) is a lecturer and researcher in political science at the Institute of Political Studies of the University of Lausanne, Switzerland. 

Evelyne Schmid (Shared first Authorship) is a professor of international law at the Centre of Comparative, European and International Law at the University of Lausanne, Switzerland. 

Matthieu Niederhauser is a PhD Candidate at the Institute of Political Studies at the University of Lausanne, Switzerland, and was a researcher at the Global Governance Institute at University College London until November 2022.

Constance Kaempfer works at the Directorate of International Law of the Federal Department of Foreign Affairs of Switzerland and is a former senior researcher at the Centre of Comparative, European and International Law at the University of Lausanne, Switzerland. 

Martino Maggetti is an associate professor of political science at the Institute of Political Studies at the University of Lausanne, Switzerland.