Reciprocating to the bottom: Is there negative diffuse reciprocity in social economic human rights
| Published date | 01 November 2023 |
| DOI | http://doi.org/10.1177/01925121211073325 |
| Author | Sara Kahn-Nisser |
| Date | 01 November 2023 |
| Subject Matter | Original Research Articles |
https://doi.org/10.1177/01925121211073325
International Political Science Review
2023, Vol. 44(5) 661 –675
© The Author(s) 2022
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DOI: 10.1177/01925121211073325
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Reciprocating to the bottom: Is
there negative diffuse reciprocity
in social economic human rights
Sara Kahn-Nisser
Department of Sociology Political Science and Communication, Open University of Israel, Israel
Abstract
Is reciprocity possible in human rights agreements? This article argues that human rights agreements can
create negative diffuse reciprocity if there is reliable information about countries’ compliance levels. The
article analyses the link between information on countries’ non-compliance with the International Covenant
on Economic, Social and Cultural Rights on the one hand, and countries’ efforts to protect social economic
rights on the other. It finds that the more information is published on violations of rights, the lower the levels
of countries’ efforts to protect these rights. This means that countries practice negative diffuse reciprocity
with regard to the International Covenant on Economic, Social and Cultural Rights. This is a notable finding
since there are several factors working against the practice of reciprocity in human rights agreements. The
article draws theoretical conclusions regarding the conditions for reciprocity in human rights agreements
and sheds new light on the concept of reciprocity and its link with information.
Keywords
Reciprocity, human rights, social economic rights, monitoring, United Nations treaty bodies
Introduction
Diffuse reciprocity is an important feature of contemporary international regulation of trade,
investment, energy and other areas of public policy (Verdier and Voeten, 2014). Yet we know little
about the prospects and conditions for the existence of diffuse reciprocity in human rights interna-
tional law. Some scholars assume that it is impossible for countries to reciprocate for human rights
violations, since the victims of non-compliance are not peer countries, but individuals in the non-
compliant state (Hathaway, 2007; Tasioulas, 2013), therefore opportunities for reciprocation are
scarce. Another reason scholars give for the unlikelihood of reciprocity in human rights agree-
ments is that reciprocity seems to depend on the existence of potential joint gains, which are rare
in human rights agreements (Hathaway, 2007). However, other scholars argue that certain types of
reciprocity can materialize in human rights agreements. Since diffuse reciprocity is comprised of
Corresponding author:
Sara Kahn-Nisser, Department of Sociology Political Science and Communication, Open University of Israel, 1
University Road, Ra’anana, 43107, Israel.
Email: sarakn@openu.ac.il
1073325IPS0010.1177/01925121211073325International Political Science ReviewKahn-Nisser
research-article2022
Original Research Article
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