Strengthening the Fight Against Corruption through the Principle of Accountability
As much as rising inequalities, extreme poverty, unemployment, terrorism, and the disastrous effects of climate change, corruption is a global phenomenon with widespread consequences. The impact that corruption has on the resources and development of countries has been well documented. Recently the...
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| Format: | Article |
| Language: | Afrikaans |
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North-West University
2022-11-01
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| Series: | Potchefstroom Electronic Law Journal |
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| Online Access: | https://perjournal.co.za/article/view/8341 |
| _version_ | 1811231372922060800 |
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| author | Annelie De Man |
| author_facet | Annelie De Man |
| author_sort | Annelie De Man |
| collection | DOAJ |
| description |
As much as rising inequalities, extreme poverty, unemployment, terrorism, and the disastrous effects of climate change, corruption is a global phenomenon with widespread consequences. The impact that corruption has on the resources and development of countries has been well documented. Recently the effects of corruption on human rights have also been noted. Specifically, it has been demonstrated that corrupt acts or omissions can violate states' duties to respect, protect, and fulfil human rights. Direct and indirect violations of human rights can be identified. The traditional approaches that have been employed in the fight against corruption, particularly the criminal law approach, have been critiqued for their limitation in practice. Specifically, human rights advocates have emphasised the lack of focus on the victims of corruption and the harm caused by violations of their recognised rights. This article examines a people-centred human rights-based approach as a possible response to this caveat. It is argued that human rights provide a "normative framework and legally-binding imperative" for anti-corruption strategies. In particular, the article analyses the principle of accountability as contained in the international human rights framework under which states, as duty bearers, are obliged to protect the rights of rights-holders in their jurisdiction from possible violations, either through their conduct or omission or those of third parties. In the event of an alleged violation of rights, the state must investigate, impose suitable punishment, and ensure equal access to remedies for holders of the violated rights. It is argued that this principle contributes several strengths to anti-corruption strategies. They include the empowerment of individual and collective rights-holders to hold states accountable for corrupt acts or omissions that have violated recognised and legally binding human rights. However, human rights procedures and enforcement mechanisms are not without their weaknesses, despite their accepted moral value. Their practical limitations are also examined to determine the actual efficacy of adopting this approach. The article concludes with some recommendations on how the human rights-based principle of accountability can be employed to overcome these challenges and contribute to the global fight against corruption.
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| first_indexed | 2024-04-12T10:43:07Z |
| format | Article |
| id | doaj.art-f8c81c28c6ab431fb3484f7de513ef6c |
| institution | Directory Open Access Journal |
| issn | 1727-3781 |
| language | Afrikaans |
| last_indexed | 2024-04-12T10:43:07Z |
| publishDate | 2022-11-01 |
| publisher | North-West University |
| record_format | Article |
| series | Potchefstroom Electronic Law Journal |
| spelling | doaj.art-f8c81c28c6ab431fb3484f7de513ef6c2022-12-22T03:36:31ZafrNorth-West UniversityPotchefstroom Electronic Law Journal1727-37812022-11-012510.17159/1727-3781/2022/v25i0a8341Strengthening the Fight Against Corruption through the Principle of AccountabilityAnnelie De Man0University of the Free State, South Africa As much as rising inequalities, extreme poverty, unemployment, terrorism, and the disastrous effects of climate change, corruption is a global phenomenon with widespread consequences. The impact that corruption has on the resources and development of countries has been well documented. Recently the effects of corruption on human rights have also been noted. Specifically, it has been demonstrated that corrupt acts or omissions can violate states' duties to respect, protect, and fulfil human rights. Direct and indirect violations of human rights can be identified. The traditional approaches that have been employed in the fight against corruption, particularly the criminal law approach, have been critiqued for their limitation in practice. Specifically, human rights advocates have emphasised the lack of focus on the victims of corruption and the harm caused by violations of their recognised rights. This article examines a people-centred human rights-based approach as a possible response to this caveat. It is argued that human rights provide a "normative framework and legally-binding imperative" for anti-corruption strategies. In particular, the article analyses the principle of accountability as contained in the international human rights framework under which states, as duty bearers, are obliged to protect the rights of rights-holders in their jurisdiction from possible violations, either through their conduct or omission or those of third parties. In the event of an alleged violation of rights, the state must investigate, impose suitable punishment, and ensure equal access to remedies for holders of the violated rights. It is argued that this principle contributes several strengths to anti-corruption strategies. They include the empowerment of individual and collective rights-holders to hold states accountable for corrupt acts or omissions that have violated recognised and legally binding human rights. However, human rights procedures and enforcement mechanisms are not without their weaknesses, despite their accepted moral value. Their practical limitations are also examined to determine the actual efficacy of adopting this approach. The article concludes with some recommendations on how the human rights-based principle of accountability can be employed to overcome these challenges and contribute to the global fight against corruption. https://perjournal.co.za/article/view/8341corruptionhuman rightsaccountabilityhuman rights basedsocio-economic rights |
| spellingShingle | Annelie De Man Strengthening the Fight Against Corruption through the Principle of Accountability Potchefstroom Electronic Law Journal corruption human rights accountability human rights based socio-economic rights |
| title | Strengthening the Fight Against Corruption through the Principle of Accountability |
| title_full | Strengthening the Fight Against Corruption through the Principle of Accountability |
| title_fullStr | Strengthening the Fight Against Corruption through the Principle of Accountability |
| title_full_unstemmed | Strengthening the Fight Against Corruption through the Principle of Accountability |
| title_short | Strengthening the Fight Against Corruption through the Principle of Accountability |
| title_sort | strengthening the fight against corruption through the principle of accountability |
| topic | corruption human rights accountability human rights based socio-economic rights |
| url | https://perjournal.co.za/article/view/8341 |
| work_keys_str_mv | AT anneliedeman strengtheningthefightagainstcorruptionthroughtheprincipleofaccountability |