Corruption as a Violation of International Human Rights
Bibliographic Data
| ID | 12197845 |
|---|---|
| Authors | Anne Peters (0000-0002-2779-0626, Professor Dr iur, Director at the Max Planck Institute for Comparative Public Law and International Law, Heidelberg, Germany, corresponding author) |
| Year | 2018 |
| Volume | 29 |
| Issue | 4 |
| Pages | 1251-1287 |
| Publication date | 2018-11-01 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | European Journal of International Law (JOURNAL) |
| Journal identifiers | ISSN: 0938-5428 • E-ISSN: 1464-3596 |
| Publisher | Oxford University Press (OUP) (PUBLISHER) |
| DOI | 10.1093/ejil/chy070 |
| OpenAlex | W3123032068 |
| Language | EN |
| Citations received | 16 |
States perceived to be highly corrupt are at the same time those with a poor human rights record. International institutions have therefore assumed a negative feedback loop between both social harms. They deplore that corruption undermines the enjoyment of human rights and, concomitantly, employ human rights as a normative framework to denounce and combat corruption. But the human rights-based approach has been criticized as vague and over-reaching. Addressing this controversy, this article seeks to examine the legal quality of the assumed ‘link’ between corruption and human rights more closely. It specifically asks the dual question whether and under what conditions corrupt acts or omissions can technically be qualified as an actual violation of international human rights (doctrinal analysis of the positive law) and whether corruption should be conceptualized as a human rights violation (normative assessment). The answer is that such a reconceptualization is legally sound as a matter of positive analysis, although very difficult doctrinal problems arise. The normative assessment is ambivalent, but the practical benefits of the conceptualization seem to outweigh the risks of reinforcing the anti-Western scepticism towards the fight against corruption and of overblowing human rights. The framing of corruption not only as a human rights issue but even as a potential human rights violation can contribute to closing the implementation gap of the international anti-corruption instruments and can usefully complement the predominant criminal law-based approach
Conceptualization · Framing (construction · Human rights · International human rights law · Language change · Law and economics · Normative · Political science · Sociology · Corruption and Economic Development · Judicial and Constitutional Studies · Political Philosophy and Ethics · Law
Scrutinize the United Nations Convention against Corruption (Uncac)
Ownership of Proceeds of Corruption in International Law
State Responsibility for a Failure to Prevent Violations of the Right to Life by Organised Criminal Groups
El papel de los tratados y el soft law en la configuración de fiscalías íntegras
El derecho fundamental a una sociedad libre de corrupción
La corrupción como problema de acción colectiva
Corrupción y vulneración de derechos humanos en México
Dissecting the record life cycle
Al-Shabaab and Boko Haram beyond Face Value Political Rhetoric and Why the Governments of Somalia and Nigeria Have Failed to Tame Them
Exploring the Links Between Corruption and Human Rights Violations with a Focus on the Private Sector
Causes and Consequences of Corruption in Schools
Biological citizenship through litigation
Analysing the impact of the failure to prevent bribery offence on corporate compliance reporting in the United Kingdom – towards a better model of corporate accountability
Criteria to scrutinize new rights
Exploring Corruption as a Violation of Human Rights in the Practices of International Human Rights Institutions
Organizational violence, memory and trauma
| Unique citing works | 16 |
|---|---|
| Citations per year | 3,2 |
| Citation span | 2021 - 2026 (6) |
| Citation velocity | current |
| Highly cited | No |
| Citation types | Neutral: 15 |