Topic Outline
A dominant criticism of the present human rights regime is that it relies on the goodwill of states to enforce it - which isn't always the case. The Universal Declaration of Human Rights was itself merely a declaration by states, and didn't carry the legal obligations of international conventions like treaties and covenants. Human rights instruments have since been developed at the international level to try to address this legal gap. Yet the codification, enforcement and monitoring of human rights laws remains the responsibility of states.
For many states, the protection and promotion of human rights is not always a primary political concern, and additionally, many states do not have the means to enforce and protect human rights. In these situations, how can other non-state actors fill this void to ensure that the rights of all humans are protected? How human rights are codified, protected and monitored - and which political actors are responsible for that thus remains hotly debated. This topic will examine these debates further by exploring the following statement of inquiry:
For many states, the protection and promotion of human rights is not always a primary political concern, and additionally, many states do not have the means to enforce and protect human rights. In these situations, how can other non-state actors fill this void to ensure that the rights of all humans are protected? How human rights are codified, protected and monitored - and which political actors are responsible for that thus remains hotly debated. This topic will examine these debates further by exploring the following statement of inquiry:
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statement of inquiry
Human Rights are codified, protected and monitored by various institutions and systems in order to ensure justice for all
global context
Personal and Cultural Expression (Products, Systems, Institutions) - Students will explore the ways in which we discover and express ideas, feelings, nature, culture, beliefs and values; the ways in which we reflect on, extend and enjoy our creativity; our appreciation of the aesthetic.
key concept
Systems - Systems are sets of interacting or interdependent components. Systems provide structure and order in human, natural and built environments. Systems can be static or dynamic, simple or complex.
related global politics concept(s)
Justice - There are a number of different interpretations of the concept of justice. It is often closely associated with the idea of fairness and with individuals getting what they deserve, although what is meant by deserve is also contested. One avenue is to approach justice through the idea of rights, and what individuals can legitimately expect of one another or of their government. Some theorists also argue that equality not only in the institutions and procedures of a society but also in capabilities or well-being outcomes is required for justice to be realized.
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1. How do states enforce human rights?
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The codification of human rights into state law is the task of all states who are signatories to the International Bill of Human Rights. Whilst codification is one thing, enforcement is another. To what extent states comply with their own legislation remains contested.
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2. Is international monitoring effective?
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Clearly, human rights abuses by states and non-state actors still exist and happen all the time. But does that mean the global human rights regime is ineffective? This lesson examines how multilateral and bilateral diplomacy can be used to solve human rights crises.
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3. Who enforces humanitarian law?
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When states are either unwilling or unable to prosecute certain offenders for breaches of humanitarian law, who should step in? That question was answered by the creation of the International Criminal Court in 1998. But is it any more effective than states in enforcing law?
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4. How can civil society help monitor rights?
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It is an unfortunate paradox of global politics that states can be the biggest advocates for human rights but also the biggest abusers. So to what extent can non-state actors like NGOs fill the gap in monitoring and better advocate for human rights protections globally?
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5. Assessment: Who should be responsible for human rights?
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Despite the international codification of human rights, violations still occur. So whose responsibility is it to protect and enforce human rights? Although some argue that protection of human rights is a key role of the state, are other political actors more effective?
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