Conceptualising corruption as a violation of human rights in Indonesia - PhDData

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Conceptualising corruption as a violation of human rights in Indonesia

The thesis was published by Juwita, Ratna, in January 2023, Rijksuniversiteit Groningen.

Abstract:

Corruption has devastating impacts on the realization of human rights. As of yet, corruption has not been classified as a violation of human rights. This dissertation argues that the conceptualisation of corruption as a violation of human rights in Indonesia is possible and beneficial. To identify the intersection of corruption and human rights, this dissertation focuses on corruption in the health and education sectors. The evolution of normative outputs of International Human Rights Institutions on corruption as a violation of human rights suggests that it is possible and beneficial to conceptualise corruption as a violation of human rights. It examines doctrinal issues relating to the authority of human rights courts to assess the causality between corruption and human rights injuries and argues that judicial activism by several Indonesian judges shows that conceptualisation of corruption as a violation of human rights is not impossible. Finally, this dissertation discusses the development of corruption as a violation of human rights from emerging norm into an accepted legal norm. This study combines the concept of international norm dynamics developed in international relations theory with the interactional legal theory and it shows the role of norm entrepreneurs in developing the standard of legality related to corruption as a violation of human rights. This study ends with recommendations for Indonesia and international actors on how to foster the process of conceptualising corruption as a violation of human rights through the formulation of normative outputs that enrich the content of the link between corruption and human rights.



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