Why Asian Legal Institutions Fail to Protect the Rights of the Vulnerable

Nick Cheesman, Basil Fernando

    Research output: Chapter in Book/Report/Conference proceedingChapter


    Why do Asian legal institutions fail to protect the human rights of the vulnerable? Drawing on cases from across South and Southeast Asia, we argue that Asian legal institutions generally lack an institutionalised notion of ‘task responsibility’ to protect vulnerable persons’ human rights. We track this absence along six routes to failure: non-complaint, failed complaint, absence of authority, inaction, inadequate action and non-enforcement. We call for an approach to human rights work that develops accounts of the structural and ideational characteristics of Asian legal institutions that contribute to failure, going beyond questions of capacity, to questions of strategy and intent.
    Original languageEnglish
    Title of host publicationRoutledge Handbook of Human Rights in Asia
    Editors De Varennes, F & Gardiner, C
    Place of PublicationNew York
    PublisherRoutledge Taylor & Francis Group
    ISBN (Print)9781138855700
    Publication statusPublished - 2019


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