@inbook{271de9fdda684481b8964c852603b3ac,
title = "The Deliberative Deficit of Human Rights Strategies: Conceptual Problems and Practical Implications",
abstract = "This chapter argues that strategic approaches to human rights lead to a problematic {\textquoteleft}deliberative deficit{\textquoteright} that puts at risk the meaning and the impact of the enterprise. The chapter begins by presenting two contrary standpoints. A deliberative standpoint and a strategic one. The former is at the core of a human rights perspective and embodies treating others as ends and not a means in a political setting; the latter sees persons as means to a predefined end. The chapter then explains five strategic approaches to human rights that bypass the deliberative standpoint: (1) strategic legal positivism and strategic litigation, (2) issue linkage, (3) framing, (4) participation as a legitimation device and (5) naming and shaming. Thereafter the chapter argues that the shift towards the strategic has negative practical consequences: the neglect of trade-offs and the legitimation of backlash. ",
keywords = "implementation, deliberative standpoint, strategic standpoint, negative consequences, trade-offs, backlash",
author = "{Arosemena Solorzano}, Gustavo",
year = "2024",
month = oct,
day = "1",
doi = "10.4337/9781035314140.00008",
language = "English",
isbn = "9781035314133",
series = "The Association of Human Rights Institutes series",
publisher = "Edward Elgar Publishing",
pages = "11–29",
editor = "Ingrid Westendorp",
booktitle = "Human Rights Strategies",
address = "United Kingdom",
}