State and Local Commissions as Sites for Domestic Human Rights Implementation

doi:10.1017/CBO9780511842269.006

5 - State and Local Commissions as Sites for Domestic Human Rights Implementation

Published online by Cambridge University Press: 05 June 2012

Risa E. Kaufman

Edited by

Shareen Hertel and

Kathryn Libal

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Risa E. Kaufman: Affiliation:
Columbia Law School
Shareen Hertel: Affiliation:
University of Connecticut
Kathryn Libal: Affiliation:
University of Connecticut

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Summary

States and localities play a critical role in bringing the United States into compliance with its international human rights commitments. The human rights framework embraces the importance of local decision making and implementation, as well as a significant role for subnational incorporation of human rights obligations. Realization of human rights in affected communities requires strong cooperation and collaboration among local, state, and federal governments, and between government and civil society (Melish 2009). Moreover, state and local implementation of human rights may eventually help influence national policy and broader acceptance of international human rights norms (Burroughs 2006, 420–24; Davis 2008a, 436; Powell 2001, 249; Resnik 2006, 1581; Soohoo and Stoltz 2008, 475).

Indeed, human rights treaties are intended to be implemented at the local level with a great deal of democratic input. They provide mechanisms and opportunities for reporting on conditions within communities (both positive and negative), training government officials and agencies as well as the community to promote equality and nondiscrimination, conducting hearings to explore and examine the relevance of findings by international treaty bodies, and issuing recommendations for future action. They also provide a set of standards that local governments should adhere to in administering their own laws and policies.

Subnational implementation of human rights, particularly in areas traditionally reserved for state and local regulation, is also consistent with the U.S. federalist system.

Type: Chapter
Information: Human Rights in the United States
Beyond Exceptionalism
, pp. 89 - 110

DOI: https://doi.org/10.1017/CBO9780511842269.006 [Opens in a new window]

Publisher: Cambridge University Press

Print publication year: 2011

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References

Babcock, Sandra (clinical director, Center for International Human Rights at Northwestern Law). 2009. Interview by Joie Chowdhury, February 27.

Bohn, Diana (member, Berkeley Peace and Justice Commission). 2009. Interview by Erin Smith, July 21.

Brenman, Marc (former executive director of Washington State Human Rights Commission). 2009. Interview by Sam Yospe, April 19.

Burroughs, Gaylynn. 2006. “More Than an Incidental Effect on Foreign Affairs: Implementation of Human Rights by State and Local Governments.” N.Y.U. Review of Law and Social Change 30: 411, 420–24.Google Scholar

,City and County of San Francisco. 1998. Local Implementation of the United Nations Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). Ordinance No. 128–98. Municipal Code, Administrative Code, Chapter 12K. April 13. http://sfgov.org/site/cosw_page.asp?id=10849.

,City of Chicago. 2009. “Expression of Support for Convention on the Rights of the Child. Resolution R2009–143.” Journal of the Proceedings of the City Council of the City of Chicago, Illinois, February 11: 55415–16. http://www.chicityclerk.com/journals/2009/feb11_2009/feb11_2009_part3optimize.pdf.Google Scholar

,City of Portland. 2008. Ordinance No. 181670. Creation of the Office of Human Relations and the Human Rights Commission. City Council of the City of Portland, Oregon. March 19. http://www.portlandonline.com/humanrelations/index.cfm?c=50680&a=227365.

,City of Portland. 2009. January 7. “Bylaws: Human Rights Commission.” http://www.portlandonline.com/humanrelations/index.cfm?c=49504&a=227082.

,Committee on the Elimination of Racial Discrimination (CERD). 2008. “Concluding Observations on the United States of America.” U.N. Doc. CERD/C/USA/CO/6, May 8.

Daitsman, Rose, and Lindsley, Linda (co-coordinators of the Greater Milwaukee Human Rights Coalition). 2009. Interview by Joie Chowdhury, February 22.

Davis, Martha F. 2008a. “Upstairs, Downstairs: Subnational Incorporation of International Human Rights Law at the End of an Era.” Fordham Law Review 77: 411–38.Google Scholar

Davis, Martha F. 2008b. “Thinking Globally, Acting Locally: States, Municipalities, and International Human Rights.” In Bringing Human Rights Home, edited by Soohoo, Cynthia, Davis, Martha, and Catherine Albisa, Vol. 2, 127–52. Westport, CT: Praeger Publishers.Google Scholar

,Elementary and Secondary Education Act of 1965 (ESEA). U.S. Code. Title 20, sec. 7131.

Ginger, Ann (executive director, Meiklejohn Civil Liberties Institute). 2009. Interview by Erin Smith, July 6.

Glassman, Stephen (executive director, Pennsylvania Human Rights Commission). 2009. Interview by Joie Chowdhury, February 25.

Henkin, Louis. 1995. “U.S. Ratification of Human Rights Conventions: The Ghost of Senator Bricker.” American Journal of International Law 89: 341–50.CrossRef Google Scholar

,Housing and Community Development Act of 1987. U.S. Code. Title 42, sec. 3616.

International Convention on the Elimination of All Forms of Racial Discrimination (ICERD), adopted 21 December 1965, 660 U.N.T.S. 195 (entered into force 4 January 1961), G.A. Res. 2106 (XX), 20 GAOR Supp. (No. 14) at 47, U.N. Doc. A/6014 (1965).

Johnson, María Lisa (director of the Office of Human Relations of Portland, Oregon). 2009. Interview by Joie Chowdhury, February 20.

Jones, Barbara (director, Anchorage Equal Rights Commission). 2009. Interview by Sam Yospe, April 6.

Koh, Harold Hongju (legal advisor, U.S. Department of State). 2010. Letter to State and Local Human Rights Commissioners, May 3.

,Leadership Conference on Civil Rights. 2009. Restoring the Conscience of a Nation. http://www.civilrights.org/publications/reports/commission/lccref_commission_report_march2009.pdf.

Lehman, Ann (senior CEDAW policy analyst, San Francisco Department on the Status of Women). 2009. Interview by Erin Smith, July 7.

,Medellin v. Texas, 128 S. Ct. 1346 (2008).

Melish, Tara J. 2009. “From Paradox to Subsidiarity: The United States and Human Rights Treaty Bodies.” Yale Journal of International Law 34: 389–462.Google Scholar

Menon, Anu (CEDAW policy analyst, San Francisco Department on the Status of Women). 2009. Interview by Erin Smith, June 29.

Nelson, Julie (director, Seattle Office of Civil Rights). 2009. Interview by Joie Chowdhury, May 27.

Neubeck, Ken (community volunteer, Eugene Human Rights Commission). 2009. Interview by Joie Chowdhury, February 23.

,New York City Council. 2010. Human Rights Government in Operations Audit Law, Int 0283–2010. http://legistar.council.nyc.gov/LegislationDetail.aspx?ID=679918&GUID=960F221E-C810–40E9-AF16–2EC4547ED586&Options=&Search=.

,Office of Human Relations, City of Portland, Oregon. n.d. “Complaint Form: Report Human Rights Incidents.” Accessed December 8, 2010. http://www.portlandonline.com/humanrelations/index.cfm?a=254809&c=50684.

Powell, Catherine. 2001. “Dialogic Federalism: Constitutional Possibilities for Incorporation of Human Rights Law in the United States.” University of Pennsylvania Law Review 150: 245–96.CrossRef Google Scholar

Powell, Catherine. 2008. Human Rights at Home: A Domestic Policy Blueprint for the New Administration. American Constitution Society for Law and Policy. http://www.acslaw.org/files/C%20Powell%20Blueprint.pdf.Google Scholar

Resnik, Judith. 2006. “Law's Migration: American Exceptionalism and Federalism's Multiple Ports of Entry.” Yale Law Journal 115: 1564–70.CrossRef Google Scholar

Resnik, Judith, Civin, Joshua, and Frueh, Joseph. 2008. “Ratifying Kyoto at the Local Level: Sovereigntism, Federalism, and Translocal Organizations of Government Actors (TOGAs).” Arizona Law Review 50(3): 709–86.Google Scholar

Saunders, Kenneth L., and Bang, Hyo Eun. 2007. “A Historical Perspective on U.S. Human Rights Commissions.” Executive Session Papers, Human Rights Commissions and Criminal Justice, No. 3. http://www.hrccj.org/hrccj/pdfs/history_of_hrc.pdf.

Solomon, Rosalyn (commissioner, Seattle Human Rights Commission). 2009. Interviews by Joie Chowdhury, May 27.

Soohoo, Cynthia, and Stolz, Suzanne. 2008. “Bringing Human Rights Change Home.” Fordham Law Review 77: 459–500.Google Scholar

Toma, Robin (executive director, LA County Human Relations Commission). 2009. Interview by Joie Chowdhury, April 13.

,UN General Assembly. 1993. “National Institutions for the Promotion and Protection of Human Rights” (Paris Principles). G.A. Res 48/134 (Dec. 20).

,U.S. Congress. Congressional Record Daily. 1990. 101st Cong., 2d sess. Vol. 136, no. 150 (October 27): S17486.

Congress, U.S.. Congressional Record. 1992. 102d Cong., 2d sess. Vol. 138, pt. 6: 8071.

,U.S. Congress. Congressional Record. 1994. 103d Cong., 2d sess. Vol. 140, pt. 10: 14326.

,U.S. Congress. Congressional Record Daily. 1994. 103d Cong., 2d sess. Vol. 140, no. 82 (June 24): S7634–02.

,Washington State Human Rights Commission. 2007. Farm Worker Housing and the Washington Law Against Discrimination. Briefing Paper. http://content.knowledgeplex.org/kp2/cache/documents/17830/1783061.pdf.

,WILD for Human Rights. 2006. Making Rights Real: A Workbook for Local Implementation. http://wildforhumanrights.org/publications/rightsreal/.

,WILD for Human Rights. 2008. Respect, Protect, Fulfill: Raising the Bar on Women's Rights in San Francisco. http://www.wildforhumanrights.org/documents/resources/respectprotect.pdf.