Democracy: The Rule of Law and Human Rights

In the global rankings, the U.S. ranks 26, with an index score of .71, where first is Denmark with an index score of .90, and last being Venezuela with a score of .26. Uruguay sits one space above the U.S. in 25^th, and Portugal is one below in 27^th, both of which are also in the ‘high’ income group. The U.S. is placed in the regional group consisting of the EU, EFTA, and North America and ranks 19/31, where the first is Denmark, and 31^st is Hungary with an index score of .52. Finally, when ranked against countries in the same income group, the U.S. is ranked 26/140, where first is Denmark, and last is Hungary.

How Do Human or Individual Rights Relate to Democracy?

Human and individual rights have a long and complicated tie to democracy in general and American Democracy in particular. Our modern democracy is a safeguard for many human, and individual rights, but that has not always been the case. From our nation’s conception, people were denied rights based on socio-economic status, race, and gender. Now, our democracy and Rule of Law are catching up to gaps in equality, and many NGOs and individuals are dedicated to ensuring broader access to democratic processes. It is not surprising therefore, that issues of human and individual rights continue to impact participation in American Democracy as well as faith in the democratic process. These struggles are supported by research that indicates other democracies are more effective at protecting human rights as measured by the World Justice Project. While the U.S. has an overall rank of .68, there are several factors where we are trailing behind.

In Equal Treatment and Absence of Discrimination, the U.S. ranks 103^rd out of the 140 ranked countries, 30/31 for the regional grouping, and 42/43 for the income group. Venezuela has the same index score in this subcategory of .48.

Another category where the U.S. falls low in the rankings is the sub-factor “Fundamental Labor Rights are Effectively Guaranteed.” The U.S. has an index score of .56 in this category whereas the Russian Federation has a score of .57.

Another category where the U.S. falls low in the rankings is the sub-factor “Fundamental Labor Rights are Effectively Guaranteed.” The U.S. has an index score of .56 in this category whereas the Russian Federation has a score of .57.

What are some of the human rights issues impacting our democracy? In the U.S., an estimated one million civilians experience police threat of force or use of force resulting in an estimated 85,000 non-fatal injuries and between 600-1000 deaths in any year, with Black/African-Americans and Hispanics/Latinos being twice as likely to experience the threat or use of force. One study suggests that faith in our political system is decreased when people are exposed to human rights violations, such as police violence. The disproportionate number of Black and Hispanic Americans who experience police violence could very well impact how these populations perceive our democracy. Additionally, there are still instances of voter suppression of minority groups, as well as interpersonal impacts of racial identity on democratic participation. Rhese few examples demonstrate that human rights issues persist and appear systemic to American Democracy.

The good news though, is despite these shortcomings, democracy still places human rights in American on the right track. Research demonstrates that democracies are more effective at protecting human rights when compared to other political systems. Analysis of what aspects of democracy are most consequential in improving a state’s human rights record elicits three findings:

“First, political participation at the level of multi-party competition appears more significant than other dimensions in reducing human rights abuses. Second, improvements in a state’s level of democracy short of full democracy do not promote greater respect for integrity rights. Only those states with the highest levels of democracy, not simply those conventionally defined as democratic, are correlated with better human rights practices. Third, accountability appears to be the critical feature that makes full-fledged democracies respect human rights; limited accountability generally retards improvement in human rights.”

This document has been submitted to the Task Force for American Democracy for consideration and has been posted and/or circulated for information purposes only. The views expressed herein represent the opinions of the author(s) and not those of the Task Force or the ABA. They have not been reviewed or approved by the House of Delegates or the Board of Governors of the American Bar Association and, accordingly, should not be construed as representing the position of the Association or any of its entities. This publication is freely available to download, copy and distribute provided there is attribution to the ABA Task Force for American Democracy, and provided this notice is reproduced on all copies.