Exploring Linkages Between Rule of Law Backsliding and Human Rights: How to Find the Brakes on a Slippery Slope?

Abstract

Backsliding is a global phenomenon that does not only occur in terms of the level or quality of democracy. It also can be traced in an, often deliberate, weakening of the rule of law and a connected deterioration of human rights protection. We argue that backsliding in all three corners of the democracy – rule of law – human rights triad are closely connected. The notion of backsliding takes on special significance when contrasted with the narrative of progress in human rights law, from which it represents such a clear deviation. In order to understand the phenomenon of backsliding in terms of rule of law and human rights, it is crucial to not only understand the causes and actors behind it, but also to assess which brakes against backsliding exist and to which extent they are effective or not, both at the domestic and international levels. This editorial sets out a research agenda for understanding these linkages by identifying which questions matter in this context and from which perspectives they can be investigated.