Research Methods in Human Rights

Lee McConnell, Rhona Smith, Lee McConnell, Rhona Smith

• Publisher: Routledge
• Year: 2018
• ISBN:
  9781317373742
• Edition: 1
• Topic: Law
• Subtopic: Legal Education
• Index: Law

Research Methods in Human Rights introduces the reader to key methodological approaches to Human Rights research in a clear and accessible way.

Drawing on the expertise of a panel of contributors, the text clearly explains the key theories and methods commonly used in Human Rights research and provides guidance on when each approach is appropriate. It addresses such approaches to Human Rights research as qualitative methods, quantitative analysis, critical ethnography and comparative approaches, supported by a wide range of geographic case studies and with reference to a wide range of subject areas. The book suggests further reading and directs the reader to excellent examples from research outputs of each method in practice.

This book is essential reading for students with backgrounds in law as well as political and social sciences who wish to understand more about the methods and ethics of conducting Human Rights research.

1 Introduction to human rights research methods

Rhona Smith and Lee McConnell

 

 

 

 

This book will provide an overview of the core methods utilised in human rights related research. While the book is aimed at a broad audience of academics, senior undergraduate and postgraduate students, NGO and civil society workers, each chapter will be pitched at an introductory level. The central aim is to equip newcomers to human rights based research with a basic understanding of the core elements of the dominant research methodologies in the field. Each chapter will enable readers to determine the suitability of a particular method in relation to their particular projects. It is hoped that the book will empower readers to adopt new approaches in their research activities. Perhaps at the outset, it is useful to clarify the difference between methods and methodologies as the terms are often used interchangeably. ‘Method’ is defined in the Oxford English Dictionary as

a special form of procedure or characteristic set of procedures employed (more or less systematically) in an intellectual discipline or field of study as a mode of investigation and inquiry, or of teaching and exposition.

‘Methodology’ is defined as

the branch of knowledge that deals with method generally or with the methods of a particular discipline or field of study .  . . . Subsequently also: the study of the direction and implications of empirical research, or of the suitability of the techniques employed in it; (more generally) a method or body of methods used in a particular field of study or activity.

This book seeks to explain several methods which can be used in human rights research. In doing so, it explores a methodology in the sense of the body of methods used in the field of human rights. It is not, however, exhaustive in this endeavour.

Human rights affect everyone and pervade all aspects of society. No person is excluded from the protective remit of human rights and no state can avoid international responsibility for ensuring at least a minimum standard of human rights within their jurisdiction. This process began with the General Assembly adopting the Universal Declaration of Human Rights in 1948.¹ Today there are hundreds of treaties giving effect to human rights. These are concluded under the auspices of the United Nations² and the principal regional organisations.³ States elect which of these treaties to accept. All rights and freedoms should be given effect to in national laws and policies. It is left to a variety of (international) committees, courts, commissions, experts and even other states to determine whether the standards are realised. However, it can be difficult to measure compliance with human rights. Moreover, individuals and states may differ in their understanding and expectations of human rights. Since human rights are not necessarily static, and may evolve over time, it can be ever more difficult to ascertain the extent of human rights obligations and duties.

Are falling mortality rates proof of an increased respect of the right to life? When is the right to an adequate standard of health realised? Can degrading treatment be defined? Is country K better than country M at respecting human rights? How can true equality be measured? Is human rights education having a positive impact on society? Do journalists understand human rights issues? What are the barriers to combatting trafficking in persons? What is it really like to live in a country that is being subsumed by the surrounding seas?

When researching human rights, a number of diverse questions emerge. How can they best be answered? This book seeks to demonstrate that there is no single method which offers an approach for answering all human rights questions. Rather a range of approaches may be used. Human rights are a common focus of international development aid and partnership funding. All funds and resources must be accounted for. This brings a unique challenge. Proof of progress and success is required. For human rights strategies, this can be interesting. Many human rights projects aim at long term, even generational, change. It is difficult to demonstrate and quantify change in the shorter term as is often required to satisfy funders. Human rights present extensive opportunities for research. Greater understanding of human rights is needed for states so they can give effect to the obligations accepted. Groups and individuals deserve better awareness of those rights and freedoms to which they are entitled. Courts and tribunals need to be able to adjudicate on whether rights and freedoms have been infringed. With the pervasiveness of human rights, students, academics, governments, non-governmental organisations, civil society actors and individuals engage in human rights research.

The human rights based approach is, in effect, a conceptual framework for human development. It originally focussed on development, and attempts to ensure more sustainable third-party interventions in states. Accordingly, the human rights based approach sought to rationalise development work, focussing on sustainability of results and addressing root causes of poverty. The principles have evolved to become a recognised standard. As the international community focussed more strongly on development of states, a greater understanding of the causes of inequality and wealth and power imbalance emerged. This was simultaneous to a series of particularly ill-conceived aid attempts and linked more positively to the millennium development goals and the inherent calls for stronger relationships and support. Emerging postcolonial theories questioned the ‘them and us’, ‘north and south’ divisions and approaches. Capacity building and empowerment became the new buzzwords. The UN sought to capitalise on this and strive for agreement that assistance should respect and promote human rights principles. A human rights based approach should respect human rights principles and aim at securing the better fulfilment of human rights. Moreover, such an approach must work towards strengthening the capacities of either rights holders, once they and their entitlements are identified, or duty bearers, once they and their obligations are identified. A strict legal approach, however, does not necessarily accurately explain a particular situation. Human rights in context advocates placing human rights and law in their natural setting, considering a range of factors including historical, cultural, religious and socio-economic, which influence the interpretation and application of the law. Traditional practices may shape relationships and limit state action. A deeper level of understanding of the real position in a state is thus achieved by examining law in its actual context. Law in context developed in popularity in the 1960s and some aspects evolved into socio-legal studies. This contribution will focus on those elements of a situation which need to be considered in order to properly understand the actual human rights situation. States and rights holders both need an understanding of law in context to maximise the opportunity for human rights to be meaningfully realised in the state.

As rights are currently expressed in legal forms, there remains a tendency to use legal methods for analysing and explaining human rights. Cases, statutes, treaties and related instruments and associated documentation are undoubtedly a primary source of information on human rights. Such a traditional approach offers an insight as to how human rights standards are interpreted and applied. This approach is of course also relied on in many court processes. Lawyers need to use cases and documentation to make arguments; judges need them to make decisions. A substantive chapter thus examines the traditional doctrinal legal approach to research. It is expected that legal researchers will find this familiar but the chapter will serve as an introduction to the different legal sources required for international human rights. The emphasis will be on legal analyses using textual analysis of cases, treaties, instruments and commentaries. Many of these sources are now readily available to the researcher online and in local languages as well as official UN languages.

Of course, the realisation of human rights raises a number of philosophical questions. There are a range of theoretical approaches which offer different ways to understand and apply international human rights. These include naturalist, positivist, liberal, cosmopolitan, feminist, critical and postmodern theoretical perspectives, among others. Each offers a different window through which problems can be viewed and responses conceptualised. Different theoretical models can help researchers to view human rights situations differently. Students often adopt a particular theoretical tradition to frame their research questions. For external actors, understanding different theoretical approaches can help explain the application of human rights in specific country situations. Ultimately, all human rights research raises questions of a theoretical nature. This chapter aims to challenge readers to externalise and confront the seemingly natural theoretical presumptions embedded in their work, in the hope of fostering self-aware, reflexive future scholarship.

Proving progress and regress in human rights often requires a credible and reliable evidence base. Many funders now prefer statistical evidence. This brings unique challenges of how to measure human rights. What indicators can be used? Are they reliable? Do they reflect the reality? There are a number of strategies for gathering, analysing and presenting empirical evidence. The best choice in a particular situation depends on what is being measured or researched.

A qualitative analysis of data is based on a systematic method of analysis of textual matter. Human rights obviously affect humans. Accordingly, it is often necessary to establish the impact of particular practices on individuals. Often such data will be collected through interviews. These may be structured or semi-structured, depending on the research questions and the time available and scope of the research. Data can also be collected through face-to-face interviewing or through a more remote survey of some type. There are clear ethical issues which have to be considered when dealing with individuals. A human rights based approach to such research demands that the process must do no harm; individuals cannot be re-traumatised by being asked to relive and relate experiences of torture for example. The actual analysis of the resultant data can be undertaken in different ways. Much depends on the volume of material and on what questions are being addressed.

In contrast, quantitative analysis is a method often used for analysing material which is reduced to a set of digits or symbols. It is particularly useful for identifying trends and patterns which are statistically significant. Thus, this analysis could be used to indicate improvement in human rights conditions. Quantitative research can also be used to objectively analyse phenomenon. Increasingly, human rights are defined in terms of indicators – the millennium development goals are a prime example – and thus quantitative methods are required to populate progress charts and demonstrate compliance with standards. As noted above, funding agencies often require evidence of progression in human rights standards to be presented in statistical formats.

Critical ethnography: lived experiences evolve from the understanding that human rights obviously affect people. Accordingly, researchers focus on analysing human rights issues through case studies. Lived experiences of individuals are of key importance, as are ethical considerations. Some aspects of this approach are drawn from anthropological studies. The emphasis is usually on empowerment of the rights holders or informing the duty bearers, with the goal of improving the situation. An understanding of the specific situation can be achieved through a variety of media including texts, images, drama and music.

As human rights problems are common to all countries, it is often useful to compare experiences in different countries and situations. However, comparisons need to be made carefully. An understanding of the different legal, political and cultural systems being compared is necessary. Comparative approaches can be used to contextualise knowledge and understanding. They can offer cross-cultural or transcontinental understandings. Comparative research can involve researching on the same questions, using the same methods and can even use a similar schedule. The European Union has funded a wide range of projects examining phenomena across member states. Some of these are initially explanatory or descriptive in nature.

Any single method has its limitations and strengths. Different research questions and different funders require different methods to be used. Perhaps unsurprisingly, a lot of human rights research thus follows a mixed approach. Hence, different methods are blended to ensure the research questions are fully addressed. This can produce more credible results as a degree of ‘testing’ is inbuilt by using a second or third method to corroborate or crosscheck findings. Accordingly, this is a good ‘method’ with which to conclude the text.

It is not possible in a book this size to comprehensively explore each method. Rather, the authors introduce each method, and seek to explain its value and possible contribution in human rights terms. Further reading options are presented to advance knowledge and skills if required. A range of textbooks are available, particularly in social sciences which can provide a thorough grounding for many of the approaches outlined in this text. Courses and training are also widely available. This book intends to whet appetites for a diversity of approaches to human rights research and, in so doing, promote a greater degree of understanding of human rights issues, and better ensure all rights and freedoms are adequately respected, protected, and promoted for the benefit of everyone.

 

 

1 General Assembly resolution 217(A) III, 10 December 1948.

2 See htt­p:/­/ww­w.o­hch­r.o­rg/­EN/­Pro­fes­sio­nal­Int­ere­st/­Pag­es/­Uni­ver­sal­Hum­anR­igh­tsI­nst­rum­ent­s.a­spx­

3 Principally Council of Europe (see www­.co­e.i­nt/­en/­web­/co­nve­nti­ons­), Organisation of American States (www­.oa­s.o­rg/­en/­sla­/di­l/i­nte­r_a­mer­ica­n_t­rea­tie­s.a­sp), African Union (www­.au­.in­t/e­n/t­rea­tie­s).

2 Human rights based approaches to research

Rhona Smith

Research on human rights issues takes a variety of different forms. The various chapters of this book look at some of the popular options engaged by legal academics as well as social and political scientists when researching human rights. The language of human rights has evolved dramatically since 1948 and the adoption of the Universal Declaration of Human Rights by the General Assembly of the United Nations. In 1993, member states attending the World Conference of Human Rights in Vienna agreed the Vienna Declaration and World Programme of Action.¹ This emphasised the indivisibility of rights, their interdependence and their interrelatedness as well as linking human rights with democracy, sustainability and development.² As the global power shifted with decolonisation tapering off, having been largely achieved, and the ideological divisions of the Cold War easing, human rights discourse gained more prominence. Contemporaneously with technological and travel advancements, human rights concerns became increasingly linked to, and drawn on, in development literature, strategies and practice. Indeed, the current UN Secretary-General, Antonio Guterres, has identified human rights as ...