1. Introduction
Treaties are the highest source of international law besides jus cogens norms that have binding effect on the parties that ratify them.2 International human rights treaties rely on the “name and shame” mechanisms to pressure states to improve practices.3 However with “toothless” international human rights norms, moral coercion is not always effective. An empirical study conducted by Professor Oona Hathaway assessing the effect of human rights treaty ratification on human rights compliance, maintains in its findings that ratification of human rights treaties has little effect on state practices.4 States do not feel pressured to comply and change their practices, rather, signing treaties is “more likely to offset the pressure rather than augment it.”5 So, is it time to abandon human rights treaties and remit protection of human right to domestic institutions. Hathaway posits elsewhere that despite this treaties “remain an indispensable tool for the promotion of human rights.”6 Instead of getting rid of the treaty system, it is necessary to enhance the monitoring and enforcements mechanism to strengthen the human rights regime to ensure compliance.7 This article evaluates the extent to which international law serves as a useful tool for protection of human rights.
2. Development of Human Rights Protection
States ratify human right treaties to enter into agreements and commit each other to respect, protect and fulfill human rights obligations. However, the adherence to human rights treaties is not ensured by the same principle of reciprocity instead to ensure compliance, collective monitoring and enforcement mechanisms were introduced.8 International organizations and treaty ...
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44 Ann Janette Rosga and Margaret L. Satterthwaite, ‘The Trust in Indicators: Measuring Human
Rights’ (2009) 27 Berkeley Journal of International Law 253, 257
45 Oona Hathaway, ‘Do Human Rights Treaties Make a Difference?’ (2003) 112 Yale Law Journal
1935, 2025
46 Allan Rosas, ‘States Sovereignty and Human Rights: towards a Global Constitutional Project’ in
David Beetham, Politics and Human Rights (OUP 19995), 62
47 Justin Conlon, ‘Sovereignty vs. human rights or sovereignty and human rights?’ (2004) 46
Race and Class 75,
48 Universal Declaration of Human Rights (adopted 10 December 1948 UNGA Res 217 A(III) (UDHR), Art 1
49 Robert McCorquodale, ‘A Future for Human Rights Law’ in Mashood A Baderin and Manisuli
Ssenyonjo, International Human Rights Law: Six Decades after the UDHR and Beyond (Ashgate
2010), 544
How much more do we need to do before we start responding to these legacies? Works Cited United Human Rights Council. United Human Rights Council. N.p., n.d. Web. The Web.
In “Four Human Rights Myths” Susan Marks discusses several conceptions (or misconceptions according to her) about human rights. She begins her paper with a case study of the 2011 London riots and how distinctively different is their coverage by the British prime minister and two scholars.
There have been many humanitarians that strive to help countries suffering with human right abuses. People think that the help from IGOs and NGOs will be enough to stop human rights violations. However, it hasn’t been effective. Every day, more and more human rights violations happen. The problem is escalating. People, including children, are still being forced to work to death, innocent civilians are still suffering the consequences of war, and families are struggling to stay firm together. Despite the efforts from the people, IGOs, and NGOs, In the year 2100, human rights abuse will not end.
The issue of human rights has arisen only in the post-cold war whereby it was addressed by an international institution that is the United Nation. In the United Nation’s preamble stated that human rights are given to all humans and that there is equality for everyone. There will not be any sovereign states to diminish its people from taking these rights. The globalization of capitalism after the Cold War makes the issue of human rights seems admirable as there were sufferings in other parts of the world. This is because it is perceived that the western states are the champion of democracy which therefore provides a perfect body to carry out human rights activities. Such human sufferings occur in a sovereign state humanitarian intervention led by the international institution will be carried out to end the menace.
The Universal Declaration of Human Rights. (n.d.). United Nations. Retrieved April 18, 2011, from http://www.un.org/en/documents/udhr/index.shtml
Declaration of Human Rights: Dignity and Justice for All of Us. Accessed on October 29,
The current century has witnessed immense improvement and re-conceptualization of standards and sovereignty of human rights in Latin America. With the endemic repression and violations of human rights throughout Latin American in the mid to late 20th century, the International human rights regime, an amalgam of international and intergovernmental organizations and bodies, expanded exponentially. By conducting investigations within certain countries, or simply monitoring overt violations of human rights, the international human rights regime stimulated global awareness of violations of human rights in different countries; soon to follow was change in domestic policy in response to international policy. This also led to increased opposition by domestic NGOs against repressive governments or dictatorships largely responsible for human rights violations. Just as well, a number of organizations and groups aided domestic non-governmental organizations (NGOs) in their growing efforts to establish judicial practices that better protected human rights. Declarations, conventions, and charters, established a number of values that served as the credo for the organizations that constituted the international human rights regime. Over time, more and more countries were pressured and held accountable for these values, which developed into universal standards for human rights practices. Thus the International Human right regime and the pressure they imposed upon governments ultimately resulted in widespread positive changes in human rights.
"Universal Declaration of Human Rights." Amnesty International USA - Protect Human Rights. 19 May 2009 .
The Universal Declaration of Human Rights was adopted on December 10, 1948. Each of the 30 articles in this declaration defines rights humans need, from basic resources and education to freedom of thought and speech. Article 2 states, “Everyone
Barria, L., & Roper, S. (2010). The Development of institutions of human rights: A comparative stud. Palgrave Macmillan: New York.
113-117 Human Rights: Politics and Practices. Oxford: Oxford University Press, 2009.
In her article ‘From Citizenship to Human Rights: The Stakes for Democracy’ Tambakaki notes that apart from playing a political role, human rights are in principal moral and legal rights. Like moral norms they refer to every creature that bears a human face while as legal norms they protect individual persons in a particular legal community (pp9).
Declaration of Human Rights: Dignity and Justice for All of Us. Accessed on October 29,
Since the adoption of the Universal Declaration of Human Rights (UDHR), the discourse of international human rights and its importance has increasingly become indoctrinated in the international community. In the context of political and economic development, there have been debates on how and which rights should be ordered and protected throughout different cultures and communities. Though there is a general acceptance of international human rights around the globe, there is an approach that divides them into civil and political rights and social and economic rights, which puts emphasis where it need not be.
In 1948 the Universal Declaration of Human rights were devised (UDHR). Everyone has the right to liberty, life, freedom from fear and violence. The obligation to protect individuals and groups the States is required to shield them against human rights abuses (United Nations 2013) The Human Rights Act became effective in the UK in 2000. The purpose of the Human Rights Act is t...