Human Rights Protection: From Populism to the Evidence - Based Policy Making

Kolaković-Bojović, Milica (2022) Human Rights Protection: From Populism to the Evidence - Based Policy Making. In: Yearbook. No. 5, Human rights protection : from childhood to the right to a dignified old age : human rights and institutions. Provincial Protector of Citizens - Ombudsman ; Institute of Criminological and Sociological Research, Novi Sad ; Belgrade, pp. 63-80. ISBN 978-86-80756-50-9

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Abstract

Triggered by the golden question: “What works?”, policy makers around the world are struggling to find solutions that make a real change/impact in a subject area. Their struggle is as greater as the more important the subject of the protection is. The same goes for the possible positive or negative impact that a subject policy can have on the beneficiaries. Finally, the perceived consequences in terms of the political accountability of the decision makers for the impact made by the public policy influence their attitudes when create a public policy to the great extent. Being of the crucial importance, human rights protection as a subject of the public policies opens the floor for the significant variations of those attitudes, from the evidence-based policy making, as an ideal approach, to the populism driven policy making, as the hidden monster which undermines the basic values in the contemporary world, presenting itself as a modern hero and the protector of ordinary people. Taking into account these strongly opposed approaches, the author is looking for the main material and procedural elements that makes a public policy based on evidence. With this aim, the author analyses the very nature and diversity of evidence, the sources where they can be found, but also the mechanisms to incorporate them into the public policies, against the idea of choosing the most popular solutions. Within this context, the author also analyses recent practices in penal policy, with the focus on the penal legislation and the policy planning in the process of the transposition of the international standards on the fundamental rights.

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