51重口猎奇

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NGOs as child rights implementers in India : How NGO workers negotiate human rights responsibility in 'partnership' with a neoliberal and restrictive state

Author

Summary, in English

Non-governmental organisations (NGOs) increasingly enter into 鈥減artnerships鈥 with states to implement human rights, a phenomenon that has been studied both as a necessary inclusion of civil society in human rights practice, and as a slippery slope towards a neoliberal state retreat. What remains to be studied is how this partnership practice shapes the concepts of human rights and their duty bearers. What happens when the 鈥渃ovenant version鈥 of rights 鈥 where the state is the duty bearer 鈥 meets this partnership practice? Through an ethnographic conceptual analysis inspired by Sally Merry鈥檚 鈥渧ernacularisation鈥 theory and Sumi Madhok鈥檚 theory of 鈥渧ernacular rights cultures,鈥 this study analyses NGO-state partnerships in the paradoxically both rights-based and neoliberal, but also autocratising, Indian state. My case study is CHILDLINE, India鈥檚 national child helpline that is financed by the central government, managed by a foundation and implemented by small NGOs. I show how, in this context, a specific articulation of rights and duties was prevalent, namely one that emphasised 鈥渆veryone鈥檚鈥 duty 鈥 society鈥檚, the state鈥檚, parents鈥, businesses鈥, NGOs鈥, communities鈥, 鈥渟takeholders鈥欌 鈥 for realising children鈥檚 rights. It was an articulation that contained elements from both rights-based thinking, from neoliberal thinking, and from sev膩, or 鈥渟ervice鈥-based thinking. It was in curious contrast to what I call the hegemonic version of human rights duties, where children have a right by their state to be protected. I also found that in practice NGOs took upon themselves the role to fill 鈥済aps鈥 in the state鈥檚 lacking rights regime which, in their view, only existed 鈥渙n paper.鈥 I prompt us to think about these 鈥済aps鈥 between formal and everyday conceptualisations, and between law and practice, as not simply unfortunate or a parenthesis before we reach an ideal human rights state, but rather as an empirical reality of what rights are. Human rights are never fully implemented. Rather, implementation is a constant exercise between pressure on the state, action from the state, and filling gaps in the state鈥檚 implementation, and NGOs play a crucial role in rights implementation, a role they negotiate with a state they sometimes meet as an ally, sometimes as an antagonist, and sometimes as a reluctant bureaucracy. In other words, I show what happens when international human rights obligations that are based on on a vision of robust and unified statehood are imposed on fragmented, neoliberal and restrictive states where NGOs are key 鈥減artners鈥. I argue that the conceptual production and practice of human rights should not only be taken seriously when it comes from 鈥渉egemonic鈥 or 鈥渧ernacular鈥 spaces, but also from these 鈥渟emi-governmental鈥 spaces in which rights and duties are practiced.

Publishing year

2023

Language

English

Full text

  • - 5 MB

Links

Document type

Dissertation

Publisher

Department of History, Lund university

Topic

  • Other Social Sciences
  • Law
  • Philosophy

Keywords

  • child rights
  • India
  • NGOs
  • NGO-state partnerships
  • human rights
  • CHILDLINE
  • duty bearing
  • ethnography
  • conceptual analysis
  • implementation gap
  • neoliberalism
  • state

Status

Published

Project

  • NGOs as Duty Bearers of Child Rights: An Ethnography of ChildLine India

ISBN/ISSN/Other

  • ISBN: 978-91-89415-95-9
  • ISBN: 978-91-89415-96-6

Defence date

15 December 2023

Defence time

13:15

Defence place

LUX Aula

Opponent

  • Aradhana Sharma (Associate Professor)