The Institutionalization of Human Rights Impact Assessments : the Case of the European Union

Abstract

This thesis examines from a public law perspective the legal institutionalization of human rights impact assessments ( HRIA ) with a focus on the EU. In a first step, the thesis analyzes why EU institutions have to assess the human rights impacts of their acts regardless of where these impacts occur. In a next step, the thesis analyzes and evaluates the legal rules and principles that determine how HRIAs are to be carried out, considering in particular that HRIAs are instruments to respond to factual and normative uncertainty. A comparison with the law of environmental impact assessment helps to shed light on how law, scientific analysis and political discretion relate to each other in this regard. Finally, the thesis is drawing on compliance and regulation theories to identify factors that can contribute to ensuring that the rules and principles guiding and regulating the conduct of HRIAs are respected. These factors are used to evaluate the ability of institutionalized HRIAs in the EU to influence decision-making and to protect human rights through ex-ante procedures.