The Banality of Human Rights (Pre-Recorded)

• In Event: Human Rights, Migrants, and the Law

Abstract

Although the norm of human rights is widely considered as legitimate, we observe the continuous violation of human rights across the world. This is puzzling since existing literature claims that high legitimacy encourages high compliance. This paper argues that the banality of human rights constitutes the coexistence of violation and high legitimacy, first, by obscuring a focal point that differentiates acceptable and unacceptable behavior, and second, by preserving various interpretation. Since the focal point of norm violation is unclear, actors cannot accurately fathom the possible costs of their behavior and carry it out without knowing that it will be considered as a violation of the norm. Also, the more banal the norm is, the more contestations on its interpretation can emerge. The norm of human rights thus preserves the utmost legitimacy for the importance of human rights per se; diverse interpretations, however, remain—some of which are deemed as wrong by some states. This study examines the cases of the death penalty and inhumane treatment in detention in Japan. The implication for norm compliance is that norms that lack precision and shared interpretation cannot be effective.

Author

• Hiroki Osada, Graduate Institute Geneva