Короткий опис(реферат):
This article intends to contribute to the current academic and policy debate on the
values of determining whether a particular human rights violation was caused by a
corrupt behavior; and to defend a human rights-based approach to corruption, based
on its added socio-legal values. With this purpose, it analyzes and compares the legal
reasoning and socio-legal dynamics of three human rights court cases involving and
not involving corruption. By applying a directed content analysis combined with a
socio-legal interpretative technique, the study explores and compares the rationality
and the values addressed in both corrupt and non-corrupt cases. The results reveal
that there are interconnected and mutually reinforcing socio-legal values in applying
a human rights lens to combating corruption: (i) it is an improvement towards the
justiciability of economic and social rights; (ii) it is a change of paradigm from the
insufficient criminal approach to a focus on the social harm; and (iii) it is a more
satisfactory approach to the overlapping harmful effects of corruption and inequality.
The combination of these values can be used as a legal empowerment strategy, with a
particular social accountability dimension, in order to strengthen the disadvantaged,
and fight the encroachment caused by corruption on the enjoyment of human rights,
especially economic and social rights.
