Re-Framing Corruption under International Human Rights Law

Abstract

This thesis aims at studying the connection between corruption and human rights. By analyzing the complex issue of corruption and examining the current anti-corruption instruments, it investigates the added values that a human rights law conceptualization of corruption could provide to the current international anti-corruption agenda. The dissertation explores a threefold linkage between corruption and human rights. By exploring corruption’s roots, causes, and consequences, this thesis highlights the way in which corruption represents the negation of the idea of human rights. Therefore, it will be argued that corruption and human rights are conceptually linked. Progressively, the theoretical connection will be considered from a legal point of view. More specifically, the legal analysis aims to show how the various forms of corruption and the state’s tolerance of corrupt practices may violate the human rights contained in the existing international human rights treaties. Despite there is no shortage of attention to the issue of corruption, there is still the need to work on the effectiveness of the anti-corruption methods. Without criticizing the criminal law approach per se, a strategic link between corruption and human rights will be provided. Within this framework, the added values of the human rights integration will be outlined, and the human rights actors involved in the human rights fight against corruption will be presented.