Human Rights, Civil Rights
Constitutional Law | Law
The United States has ratified international human rights treaties sparingly. Where it has ratified, it has provided such a large number of reservations that the treaties’ domestic effects are effectively nullified. Even though international human rights law has not been directly incorporated into American jurisprudence, however, international human rights norms have greatly affected civil rights provisions in the United States by naming and shaming American civil rights abuses. Recognizing the relatively low success rate of tackling systemic racism in the United States through treaty implementation, this Note instead argues that naming and shaming American civil and human rights abuses more effectively forces domestic social progress. Furthermore, to maximize success, naming and shaming should expand from shaming the federal government to also shaming non-state actors who enable human rights abuses in the United States.
Lily Talerman, Name and Shame: How International Pressure Allows Civil Rights Activists to Incorporate Human Rights Norms Into American Jurisprudence, 17 Duke Journal of Constitutional Law & Public Policy Sidebar 303-332 (2022)