Rethinking International Anti-corruption Conventions Advancing Corruption-free Service As A Human Right

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Corruption is a global phenomenon which every society faces though its degree of severity variesrnfrom country to country. Despite its long history, there is no single universally agreed uponrndefinition of corruption. Moreover, its causes, forms and impacts are diverse and multi-faceted.rnUnderstanding corruption by itself is a complex undertaking. However, it is agreed thatrncorruption is inimical to public administration, undermines democracy, degrades the moralrnfabrics of the society and violates human rights. The pain of corruption touches all the humanrnfamily but it disproportionately affects the vulnerable sections of the society. It reinforcesrndiscrimination, exclusion and arbitrariness. Corruption is a universal problem underminingrnuniversal value- human rights.rnThe international legal regime against corruption takes a political and economic view point inrnaddressing corruption. The measures adopted are not sufficient to give response to victims ofrncorruption. The anti-corruption conventions did not address the human rights impact ofrncorruption while it violates different set of human rights. Moreover, the monitoring mechanismsrnof the anti-corruption conventions are weak even to implement the covenant provisions.rnThe thesis advocates for the elevation of the human right to corruption-free service as a panacearnto the weaknesses of the anti-corruption conventions. Investigation of the existing literature onrnthe relationship between corruption and human rights reveals that corruption per se is arnviolation of human rights and hampers the global movement for the enforcement of human rightsrnon the one hand and a culture of human rights can be a preventive tool for corruption on thernother hand. The problem of corruption and the violation of human rights need an integralrnapproach. It is with this view that the human right to corruption-free service is put forward torngive meaning to the integral approach. Besides, the right to corruption-free service is an end inrnitself rooted in human dignity and equality like the right to life, privacy and security.rnSetting the fight against corruption within a human rights discourse by elevating corruption-freernservice as a human right, will open an additional avenue for the fight against corruption andrnopens a door for the realization of human rights. It is argued that the right to corruption-freernservice is both a means for reducing corruption and instrumental for the enforcement of otherrnhuman rights. In addition, the existing human rights monitoring mechanisms such asrninternational and regional human rights commissions and courts, UN complaint mechanisms orrnnational human rights systems will be useful to remedy corrupt practices if corruption freernservice is recognized as a human right.

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Rethinking International Anti-corruption Conventions Advancing Corruption-free Service As A Human Right

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