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Economics

2010

Bryane Michael (bryane.michael@stcatz.ox.ac.uk)

Anti-corruption

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What Does Kosovo Teach Us About Using Human Rights Law To Prosecute Corruption Offences?, Bryane Michael Jan 2010

What Does Kosovo Teach Us About Using Human Rights Law To Prosecute Corruption Offences?, Bryane Michael

Bryane Michael (bryane.michael@stcatz.ox.ac.uk)

If a patient must pay a bribe to obtain life-saving surgery, does the doctor’s solicitation of a bribe represent a violation of the victim’s human rights? This paper explores the ways in which anti-corruption practitioners can look to various provisions in human rights law in order to prevent or prosecute corruption-related offences. We use Kosovo as a case study because its constitution gives direct effect to the major international human rights conventions. We find -- using Kosovo as a case study -- that some types of corruption lead to separately prosecutable human rights offences. We also find that pre-existing violations ...