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10 DePaul J. Soc. Just. 1 (2017)
Measuring "Progress" and "Regress" in Human Rights: Why We Need a Set of Social Contract Measures to Replace Indices of Violations and Slogans

handle is hein.journals/depjsj10 and id is 162 raw text is: 

DEPA UL JOURNAL FOR SOCIAL JUSTICE


                  Measuring Progress and Regress in Human Rights:
   Why We Need a Set of Social Contract Measures to Replace Indices of Violations and
                                           Slogans

                                      © David Lempert


Abstract: This article presents a set of structural social contract measures that can be used as a
basis for overall measurement of both the progress (or regress) of specific countries or cultures
towards achieving the international standards of human rights as well as for promoting the success
of specific human rights organizations in their interventions in the areas of human rights as a
whole. The current approaches to measures of human rights focus on a spotty set of outcomes:
either numbers of human rights violations (symptoms of inequalities), subjective perceptions of
rights and freedoms, conformity with or copying of particular institutions or laws in reference
countries, and on particular socio-economic results to the detriment of others. Since none of the
existing indicators today focus on the underlying structural processes of rights balancing and
protections that come out of law and social contract theory in the form of positive rights (freedom
to): oversight of powerful institutions, or equal opportunity for individual and community access
to institutions and to resources, this article points the way to reorienting the measures.

    A.     Introduction

    Several weeks ago, the upper management of one of the oldest and most prominent global
human rights organizations, Amnesty International (AI), invited me for a meeting to discuss their
strategy, monitoring and evaluation measures. Al originally began as a watchdog to note
violations of individual political rights by countries and to promote campaigns to advocate for
protection of individuals and groups. More recently, Al has more recently recognized the
importance of working on issues of human rights as a whole and on concentrating not only on
awareness but also on human rights education and social change. Indeed, Al recognizes that in
many countries, including major industrialized countries that once claimed to be the leaders in
promoting human rights, there has been a significant rollback or regress on civil liberties and
social equality as well as in many other forms. Much of the organization's work had shifted away
from promoting progress on rights to simply stopping the flood of attacks on human rights and
dismantling of rights protections that are now occurring on a global scale.
    What shocked me in that discussion and that has given rise to this article, is that despite several
measures of quality of some of its technical inputs like awareness raising (social marketing)
campaigns, Al, in fact, had no measures of overall progress or regress of countries or communities
in human rights. Without such measures, it was and is unable to point to the speed and severity of

' David Lempert, Ph.D., J.D., M.B.A., E.D. (Hon.). Dr. Lempert is a political anthropologist, California lawyer, and
educator who has worked in more than 30 countries for the UNDP, UNICEF, UNHCHR, UNHCR, Amnesty
International, the Soros Foundation, and several other organizations in the areas of human rights protections and
international development. He is founder and C.E.O. of Unseen America Projects, Inc., leading the design of
democratic-experiential/clinical curricula, and of other rights initiatives including: a monitor of donors and an
initiative to create a Red Book for Endangered Human Cultures. Among his innovations are 15 proposed amendments
to the U.S. constitution (a work in three volumes) and model constitutions to establish closer citizen oversight and
enforcement over public and private bureaucracies and to reaffirm political rights of ethnic groups.

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