HUMAN RIGHTS: THEORY AND MEASUREMENT POLICY STUDIES ORGANIZATION SERIES General Editor: Stuart S. Nagel, Professor of Political Science, University of Illinois at Urbana-Champaign David Louis Cingranelli (editor) HUMAN RIGHTS: Theory and Measurement Sheldon H. Danziger and Kent E. Portney (editors) THE DISTRIBUTIONAL IMPACTS OF PUBLIC POLICIES Don F. Hadwiger and William P. Browne (editors) PUBLIC POLICY AND AGRICULTURAL TECHNOLOGY: Adversity despite Achievement Richard C. Hula (editor) MARKET-BASED PUBLIC POLICY Rita Mae Kelly (editor) PROMOTING PRODUCTIVITY IN THE PUBLIC SECTOR: Problems, Strategies and Prospects Fred Lazin, Samuel Aroni and Yehuda Gradus (editors) THE POLICY IMPACT OF UNIVERSITIES IN DEVELOPING REGIONS J. David Roessner (editor) GOVERNMENT INNOVATION POLICY: Design, Implementation, Evaluation Series Standing Order If you would like to receive future titles in this series as they are published, you can make use of our standing order facility. To place a standing order please contact your bookseller or, in case of difficulty, write to us at the address below with your name and address and the name of the series. Please state with which title you wish to begin your standing order. (If you live outside the UK we may not have the rights for your area, in which case we will forward your order to the publisher concerned.) Standing Order Service, Macmillan Distribution Ud, Houndmills, Basingstoke, Hampshire, RG212XS, England. Human Rights Theory and Measurement Edited by David Louis Cingranelli Associate Professor, Department of Political Science SUNY at Binghamton M MACMILLAN in association with the PRESS PALGRAVE MACMILLAN © Policy Studies Organization 1988 Softcover reprint ofthe hardcover Ist edition 1988 978-0-333-46169-3 All rights reserved. No reproduetion, eopy or transmission of this publieation may be made without written permission. No paragraph of this publieation may be reprodueed, eopied or transmitted save with written permission or in aeeordanee with the provisions of the Copyright Aet 1956 (as amended), or under the terms of any lieenee permitting limited copying issued by the Copyright Lieensing Ageney, 3~ Alfred Plaee, London WClE 7DP. Any person who does any unauthorised aet in relation to this publieation may be liable to eriminal proseeution and eivil claims for damages. First published 1988 Published by THE MACMILLAN PRESS LID Houndmills, Basingstoke, Hampshire R021 2XS and London Companies and representatives throughout the world Typeset by Wessex Typesetters (Division of The Eastern Press Ltd) Frome, Somerset British Library Cataloguing in Publieation Data Human rights: theory and measurement. (Poliey Studies Organization series). 1. Civil rights 1. Cingranelli, David Louis H. Poliey Studies Organization IH. Series 323.4 JC571 ISBN 978-1-349-10124-5 ISBN 978-1-349-10122-1 (eBook) DOI 10.1007/978-1-349-10122-1 Contents List of Tables vii List of Figures ix Notes on the Contributors x Introduction 1 David Louis Cingranelli PART I THEORETICAL PERSPECTIVES 1 A Cross-Cultural Approach to Validating International Human Rights: The Case of Retribution Tied to Proportionality 7 Alison Dundes Renteln 2 Human Rights in Divergent Conceptual Settings: How Do Ideas Influence Policy Choices? 41 M. Glen Johnson 3 Human Rights and Culture Change 60 Joyce Aschenbrenner 4 A Policy Approach to Human Rights Law: The Right to Development 72 Richard L. Siegel PART II MEASUREMENT OF HUMAN RIGHTS PRACTICES 5 Some Thoughts on the Systematic Measurement of the Abuse of Human Rights 89 Andrew D. McNitt 6 Measuring Social and Economic Rights Performance in the People's Republic of China: A Comparative Perspective Among Developing Asian Countries 104 Stephen C. Thomas v VI Contents 7 Gender/Generic Language in the United States Constitution: Gender Bias Versus Democratic Ideals 120 Eileen L. McDonagh and Edward C. McDonagh PART III EXPLANATIONS OF CROSS-NATIONAL VARIATIONS 8 Comparative Human Rights: Promise and Practice 139 Kathleen Pritchard 9 Correlates of Due Process 154 David Louis Cingranelli and Kevin N. Wright 10 Democracy and Economic Human Rights in the Third World 173 Nancy Spalding 11 Militarization, Human Rights and Basic Needs in the Third World 190 Robert M. Rosh 12 Abortion, Rights and Public Policy Making in Six Western Democracies 205 James E. Lennertz PART IV CONSEQUENCES OF CROSS-NATIONAL VARIATIONS 13 Can Democracy Survive Where There is a Gap Between Political and Economic Rights? 221 Zehra F. Arat 14 Human Rights and US Bilateral Aid Allocations to Africa 236 Thomas E. Pasquarello Index 255 List of Tables 6.1 Reconstruction of social data on China, 1953-82 108 6.2 POLl index for selected lower and lower-middle income Asian countries 115 7.1 Gender/generic terminology usage in the constitution of the United States 124 8.1 Correlation matrix of variables in the general model 142 9.1 A typology of criminal justice systems 164 9.2 Relationship between degree of economic dependency and the extensiveness and consistency of due process among less developed nations 168 9.3 Relationship between economic system and extensiveness and consistency of due process among less developed nations 169 10.1 Regression of POLl on political, economic and policy variables 182 10.2 Causal effects of basic needs model on POLl 183 11.1 Correlation matrix for 1978 199 11.2 Results of cross-sectional models 200 13.1 The list of 127 countries and their instability scores 225 13.2 Regression of instability on economic development 226 14.1 Measures of competing explanations of US foreign aid policies 240 14.2 Factor loading for human rights variables on the composite measure of human rights practices 241 14.3 Human rights factor scores, foreign policy orientation and US economic and military assistance levels for African nations, 1980 242 14.4 Logistic regression results explaining the decision by the United States to provide economic and military aid to African nations in FY 1982 246 14.5 Relationship between the human rights practices of African nations and the decision to provide or withhold economic aid in FY 1982 247 14.6 Relationship between African nations foreign policy orientation and the US decision to provide or withhold military aid in FY 1982 247 VB viii List of Tables 14.7 Results of (OLS) multiple regression models explaining levels of US economic and military assistance to African nations in FY 1982 248 14.8 US and Soviet aid levels for selected African nations 249 14.9 Results of (OLS) multiple regression models explaining levels of US economic and military assistance to African nations in FY 1982 (Sudan excluded) 250 List of Figures 8.1 Explaining human rights conditions: general four- variable model 144 8.2 Overall human rights 145 8.3 Political rights: promise and practice 147 8.4 Civil rights: promise and practice 148 8.5 Socio-economic rights: promise and practice 148 13.1 The plot of democratic instability scores on economic development level 227 13.2 Balance and imbalance between the two groups of human rights 232 14.1 A conceptual model of US bilateral aid decisions 238 ix