We develop an agent-based model to investigate the mechanisms that determine state compliance with European Court of Human Rights judgments. Tasked with upholding the European Convention on Human Rights, the Court sanctions human rights violations. The Council of Ministers and the Department of Execution oversee the state-side implementation of remedies in response to the judgments rendered by the Court, as states determine these remedies themselves. To increase compliance with Court judgments, relevant actors must understand why some cases remain unenforced, while others are complied with, how states pick remedies and learn from each other. To that end, we use quantitative and qualitative data collected by the Human Rights Nudge project to construct an agent-based model that connects individual state behaviour with the overall outcome of many compliance processes running in parallel and includes learning processes between states. We discuss interventions that can be implemented and how those interventions impact trade-offs between surface level compliance with judgments and actual implementation of human rights improvements.

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Text, Interviews, and Expert Coding: Using Qualitative and Quantitative Data in an Agent-Based Model of Compliance with Human Rights Judgments

  • Katharina Luckner,
  • Adarsh Prabhakaran,
  • Ula Kos,
  • Aysel Küçüksu,
  • Thorbjørn Lundsgaard,
  • Veronika Fikfak

摘要

We develop an agent-based model to investigate the mechanisms that determine state compliance with European Court of Human Rights judgments. Tasked with upholding the European Convention on Human Rights, the Court sanctions human rights violations. The Council of Ministers and the Department of Execution oversee the state-side implementation of remedies in response to the judgments rendered by the Court, as states determine these remedies themselves. To increase compliance with Court judgments, relevant actors must understand why some cases remain unenforced, while others are complied with, how states pick remedies and learn from each other. To that end, we use quantitative and qualitative data collected by the Human Rights Nudge project to construct an agent-based model that connects individual state behaviour with the overall outcome of many compliance processes running in parallel and includes learning processes between states. We discuss interventions that can be implemented and how those interventions impact trade-offs between surface level compliance with judgments and actual implementation of human rights improvements.