Everyday Lawmaking in International Human Rights Law: Insights from the Inclusion of Domestic Violence in the Prohibition of Torture

Research output: Contribution to journalArticlepeer-review

Abstract

How is international human rights law (IHRL) made “everyday” outside of treaty negotiations? Leading socio-legal accounts emphasize transnational civil society activism as a driver of norm change but insufficiently consider power dynamics and the legal-institutional environment. This article sheds light on these dimensions of IHRL by reconstructing how domestic violence came to be included in the prohibition of torture in five international and regional human rights institutions. Through process tracing based on interviews and a vast amount of documentation, the study reveals everyday lawmaking in IHRL as a complex, incremental process in which a wide range of actors negotiate legal outcomes. The political implications of this process are ambiguous as it enables participation while creating hidden sites of power. In addition to challenging existing models of international norm change, this study offers an in-depth empirical exploration of a key development in the international prohibition of torture and demonstrates the benefits of process tracing as a socio-legal methodology.

Original languageEnglish
Pages (from-to)205-235
Number of pages31
JournalLaw and Social Inquiry
Volume47
Issue number1
DOIs
StatePublished - 14 Feb 2022

Fingerprint

Dive into the research topics of 'Everyday Lawmaking in International Human Rights Law: Insights from the Inclusion of Domestic Violence in the Prohibition of Torture'. Together they form a unique fingerprint.

Cite this