Please use this identifier to cite or link to this item: https://scholarbank.nus.edu.sg/handle/10635/227236
Title: Adaptive Protection of Human Rights: Stealth Institutionalisation of Scrutiny Functions in ASEAN’s Limited Regime
Authors: TAN HSIEN-LI TERESA 
Keywords: human rights
regional organisations
ASEAN
officials
scrutiny
protective mechanisms
Issue Date: 10-Jun-2022
Publisher: Oxford University Press
Citation: TAN HSIEN-LI TERESA (2022-06-10). Adaptive Protection of Human Rights: Stealth Institutionalisation of Scrutiny Functions in ASEAN’s Limited Regime. Human Rights Law Review 22 (3) : 1-28. ScholarBank@NUS Repository.
Abstract: Established as a limited regime that mainly carries out promotional activities of public education and roadshows on human rights, strengthening the ASEAN human rights system seems impossible when member states remain sovereignty-centric and thus wary of instituting protective mechanisms of scrutiny such as data transparency, reporting, monitoring, and complaints portals. This challenging outlook is compounded by human rights taking a backseat to economic development in the ASEAN Community’s agenda. However, tracking the rarely examined ASEAN human rights reports reveals that a counter-phenomenon quietly arising. This article presents Adaptive Protection as a process where ASEAN human rights officials, by building upon member states’ growing familiarity with the ‘intrusive’ oversight of the UN human rights system, have stealthily adapted (albeit loosely) similar functions of protective scrutiny—namely, data transparency, reporting, monitoring, and hearing complaints— into their limited mandates. Surprisingly, this process has not encountered pushback but instead has garnered grudging acquiescence by ASEAN states.
Source Title: Human Rights Law Review
URI: https://scholarbank.nus.edu.sg/handle/10635/227236
ISSN: 1461-7781
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