Closing the Gap on Moral Relativity: Comparing Human Rights Regimes in the United States and the Russian Federation
Abstract
Contemporary authors often overstate the differences within the human rights regimes in the Russian Federation and the United States. This article is meant to provide insight into why the two systems, although taking markedly different developmental paths, have come to be far more similar than is often realized. The first question raised is, how did the two human rights systems develop historically? The next question is, how did the Universal Declaration of Human Rights and its subsequent split into two separate Covenants affect the rights within each system? The third question raised is, what modern advancements have taken place within each system? And finally, what failures within each system are also demonstrative of similarities within the two systems? Thus, the article begins by tracing historical developments within the two systems in order to elucidate regional variances that exist, and to explain how such variance materialized. Next, the article will provide concrete examples by comparing specific rights – such as the right to a public education, the right to social security, the right to participate in political life, and the right to privately own land – in order to provide some insight into why the author believes the differences in the two systems are often overstated by commentators. Finally, the article will explore some shortcomings that also share marked similarities within both systems. The article concludes that while the human rights regimes within Russia and the United States took markedly different paths during their development, and have relied on vastly different political and social situations during their evolution, they have ultimately reached a much greater level of maturity and protection under the law than is often given credit.
About the Author
Scott Armstrong
Vermont Law School
United States
United States
LL.M. Candidate at Vermont Law School,
164 Chelsea str., South Royalton, Vermont, VT 05068, P.O. Box 96
References
1. Bowring, Bill. Russia’s Accession to the Council of Europe and Human Rights: Four Years On, 4 Eur. H.R. L. Rev. 362, 369 (2000).
2. Boyd, David R. The Environmental Rights Revolution: A Global Study of Constitutions, Human Rights, and the Environment 13, 17 (UBC Press 2012).
3. Burnham, William, et al. Law and Legal System of the Russian Federation 642, 651–52, 659 (3rd ed., Juris Pub. Inc. 2004).
4. Burnham, William, et al. Law and Legal System of the Russian Federation 329 (6th ed., Juris Pub. Inc. 2015).
5. Childress, Ronald. False Cognates and Legal Discourse, 2(1) Journal of Eurasian Law (JEL) 3 (2009).
6. Fried, Albert. FDR and His Enemies 120–23 (Palgrave Macmillan 1999).
7. Gardbaum, Stephen. The Myth and the Reality of American Constitutional Exceptionalism, 107 Mich. L. Rev. 391 (2008), available at <http://papers.ssrn.com/abstract_id=1287701> (accessed Mar. 12, 2016).
8. Hathaway, James C. The Rights of Refugees under International Law 81–91 (Cambridge University Press 2005).
9. Hedlund, Stefan. Property without Rights: Dimensions of Russian Privatisation, 53(2) Europe-Asia Studies 215, 221 (2001). doi:10.1080/09668130020032271
10. Hershkoff, Helen. Horizontality and the ‘Spooky’ Doctrines of American Law, 59 Buff. L. Rev. 455 (2011), available at <http://buffalolaw.org/past_issues/59_2/Hershkoff.pdf> (accessed Mar. 12, 2016).
11. Hershkoff, Helen. Positive Rights and State Constitutions: The Limits of Federal Rationality Review, 112 Harv. L. Rev. 1131, 1133 & nn. 2–5 (1999).
12. Hull, Cordell. 2 The Memoirs of Cordell Hull 1625 (Macmillan 1948).
13. Koehler, John O. Stasi: The Untold Story of the East German Secret Police 143 (Westview Press 1999).
14. Krug, Peter. Internalizing European Court of Human Rights Interpretations: Russia’s Courts of General Jurisdiction and New Directions in Civil Defamation Law, 32 Brook. J. Int’l L. 1, 7 (2006), available at <http://brooklynworks.brooklaw.edu/cgi/viewcontent.cgi?article=1255&context=bjil> (accessed Mar. 12, 2016).
15. Lambelet, Doriane. The Contradiction between Soviet and American Human Rights Doctrine: Reconciliation through Perestroika and Pragmatism, 7 B.U. Int’l L.J. 61, 66 (1989), available at <http://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=1744&context=faculty_scholarship> (accessed Mar. 11, 2016).
16. Madison, James. Letter to N.P. Trist (February 15, 1830), in The Complete Madison: His Basic Writings 195 (Saul K. Podover, ed.) (Harper & Brothers 1953).
17. Schwartz, Victoria. The Influences of the West on the 1993 Russian Constitution, 32 Hastings Int’l & Comp. L. Rev. 101 (2009), available at <http://papers.ssrn.com/abstract_id=2117246> (accessed Mar. 12, 2016).
18. Shiman, David A. Economic and Social Justice: AHuman Rights Perspective (Human Rights Resource Center 1999), available at <http://www1.umn.edu/humanrts/edumat/pdf/TB1.pdf> (accessed Mar. 11, 2016).
19. Sunstein, Cass R. Why Does the American Constitution Lack Social and Economic Guarantees? (University of Chicago Public Law & Legal Theory Working Paper No. 36, January 2003), <http://chicagounbound.uchicago.edu/cgi/viewcontent.cgi?article=1384&context=public_law_and_legal_theory> (accessed Mar. 12, 2016).
20. Thomas, Daniel C. Human Rights Ideas, the Demise of Communism, and the End of the Cold War 7 J. Cold War Stud. 110, 117 (2005), available at <http://papers.ssrn.com/abstract_id=1333625> (accessed Mar. 12, 2016).
21. Valieva, Elizaveta N., & Matveev, Jury V. Social Security in Russia: Institution Historical and Financial Aspects, 7(2) Review of European Studies 16, 19 (2015), available at <http://papers.ssrn.com/abstract_id=2677583> (accessed Mar. 12, 2016). doi:10.5539/res.v7n2p15
22. Versteeg, Mila, & Zackin, Emily. American Constitutional Exceptionalism Revisited, 81 U. Chi. L. Rev. 1641, 1672 (2014), available at <http://papers.ssrn.com/abstract_id=2416300> (accessed Mar. 12, 2016).
23. Webster, Noah. An Examination into the Leading Principles of the Federal Constitution 6 (Prichard & Hall 1787), reprinted in The Constitution of the United States: And Selected Writings of the Founding Fathers 669 (Barnes & Noble Inc. 2012).
Supporting agencies: Dr. Ronald M. Childress, Adjunct Professor of Law at the University of South Carolina School of Law
For citation:
Armstrong S. Closing the Gap on Moral Relativity: Comparing Human Rights Regimes in the United States and the Russian Federation. Russian Law Journal. 2016;4(1):98-128. https://doi.org/10.17589/2309-8678-2016-4-1-98-128
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