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Governmental human rights focal points in federal contexts: The implementation of the Istanbul Convention in Switzerland as a case study
Type of publication
Peer-reviewed
Publikationsform
Original article (peer-reviewed)
Author
Niederhauser Matthieu,
Project
Bypassing the Nation State? How Swiss Cantonal Parliaments Deal with International Obligations
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Original article (peer-reviewed)
Journal
Netherlands Quarterly of Human Rights
Volume (Issue)
39(2)
Page(s)
140 - 160
Title of proceedings
Netherlands Quarterly of Human Rights
DOI
10.1177/09240519211016947
Open Access
URL
http://doi.org/10.1177/09240519211016947
Type of Open Access
Publisher (Gold Open Access)
Abstract
The implementation of international human rights law in federal States is an underexplored process. Subnational entities regularly enjoy a degree of sovereignty, which raises questions such as whether they implement obligations of international law and how the federal level may ensure that implementation takes place at the subnational level. This article aims to answer these questions, using the implementation of the Convention on Preventing and Combating Violence against Women and Domestic Violence (Convention) in Switzerland as a case study. To implement the Convention at the cantonal level, federal actors decided to use networks of civil servants in charge of domestic violence issues, who act as governmental human rights focal points (GHRFPs). This article is based on original empirical data, on 25 interviews with State officials who participate in this implementation. The findings show how complex GHRFPs networks work in practice to implement the Convention and highlight the role played by numerous non-legal State actors in this process. As a result, the article argues that international human rights law implementation becomes more diversified both within and across federal States.
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