Participation in International Human Rights Law: A Comparison of Theory and Practice.

Secker, Emilie Elizabeth (2008) Participation in International Human Rights Law: A Comparison of Theory and Practice. PhD thesis, Lancaster University.

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Abstract

This thesis is an exploration of the relationship between participation and international human rights law. It places participation in a human rights context through examining the concept of participation, and determining what types of participation are most appropriate for human rights. In order to do this it establishes and applies a four-point analytical structure of the modes, purposes, feasibility and norms of participation. The thesis compares the types of participation required in theory by human rights to the practices of human rights. It considers what kinds of participation are reflected in principles of international human rights law, through examining both the rights which explicitly protect forms of participation, and principles which enable the enjoyment of such rights. It then examines the ways in which participation is manifested in structures of human rights law-making, paying particular attention to the role of non-governmental organisations. The substantive analysis finally examines the forms of participation reflected in structures of access to human rights mechanisms, focussing on individual access to complaints procedures. This examination of participation in the principles and structures of international human rights law facilitates the identification of significant contradictions between participation in human rights theory and human rights practice. Finally, potential solutions to these discrepancies are briefly examined.