Does International Human Rights Law Work? | The Odyssey Online
Start writing a post
Politics

Does International Human Rights Law Work?

To truly understand and appreciate the significance of international human rights law, it must be contextualized as part of an interrelated, interwoven system.

75
Does International Human Rights Law Work?
Christine Roy / Unsplash

The strengthening of rights is not a process that can be linked to single causations, but rather interweaving strands of a rope. According to the Chicago Journal of International Law: “What pulls human rights forward is not a series of separate, parallel cords, but a 'rope' of multiple, interwoven strands. Remove one strand, and the entire rope is weakened. International human rights law is a strand woven throughout the length of the rope. Its main value is not in how much rights protection it can pull as a single strand, but in how it strengthens the entire rope.” This hypothesis can be most accurately proven by anecdotal evidence. However, empirical evidence is challenging to construct in this kind of analysis due to the complexities involved, and its habit of often misrepresenting reality. But this should not be seen as detrimental to the argument, let alone proof that the international human rights law has failed.

Due to the definition inherent in a comparison of international human rights law to a strand in a rope, the relationship must be seen in connection with the other strands, thus the argument that causation cannot be individualized. Arguably the central and perhaps most important strand of this rope has to be the growth in human rights consciousness; the growing understanding that a human right is something possessed by all and a universal standard of what that is and means.

"Other strands of the rope include non-governmental human rights organizations, whose numbers, activities, and sophistication in international human rights law norms and institutions have grown dramatically at both national and international levels, and rapidly evolving communication and transportation technology that makes possible far more effective transnational organizing by these human rights forums than was possible only two decades ago. Both communications, and faster and lower cost transportation technology, by making possible frequent, well attended international conferences, have contributed to the growth of another strand of the rights revolution, transnational issue networks, energized by ‘epistemic communities’ of like-minded rights advocates in nongovernmental groups, sympathetic governments, academia, and the media, who work together across national and professional boundaries to promote shared values and agendas."

That being said, it is crucial to truly understand the significance of international human rights law as one of the strands of this rope. The presentation of the effects of its existence is the most effective form of assessment. In this case, specifically about civil and political rights, as economic and social rights are even more difficult to assess due to the resources needed to develop them.

Firstly, the existence of international human rights law gives human rights a common language. Rights groups throughout the world are invoking their rights in the same language. It essentially provides a transnational vocabulary of rights, and while this could have been accomplished without international human rights law, it cannot be denied that it is still a byproduct.

The second indirect but significant effect in the reinforcement of the universality of human right. "Three quarters or more of all governments accept the main international human rights treaties: the International Covenant on Civil and Political Rights; UN treaties on rights of women and children and against racial discrimination; basic ILO treaties on labor rights; and the Geneva Conventions and Protocols on international humanitarian law. The numbers grow every year." This kind of broad participation strengthens claims to rights across the globe and opens the debate.

The third point is the legitimization of claims to rights. When nations, through long and intense negotiations, pass, sign and ratify these treaties they create expectations and standards domestically, regardless of whether or not they intend to do this. "Human rights groups can (and regularly do) say to governments, 'It is not we who say that torture is illegal and must be investigated and punished; it is you who so declare, as parties to the Convention Against Torture.'" In doing so, they technically have the backing of the states own signed treaties; to deny this would be a contradiction on the part of the state.

Fourth, whether or not it increases compliance, it most definitely increases the expectation of compliance with these treaties. While it is true that many governments sign and ratify these treaties without any intention of actually abiding by them, they rarely are willing to admit to this, and hence when they violate these treaties they are viewed as hypocritical. International human rights law also encourages domestic judicial compliance and enforcement in ways that no other system or institution is capable of doing.

The direct impact of international human rights law on practice in most of the world remains weak and inconsistent. Both the body of law itself and its immediate results, but even more importantly its indirect effects, seem to paint an exciting picture. To truly understand and appreciate the significance of international human rights law, it must be contextualized as part of an interrelated, interwoven system. In this way, it provides an indispensable contributor to the overarching idea that pushes human rights forward. Thus, international law can be seen as a useful tool for the protection of human rights, and one that promises to be more useful in the future.

Report this Content
This article has not been reviewed by Odyssey HQ and solely reflects the ideas and opinions of the creator.
Thoughts While Studying For Finals
StableDiffusion


That time of the semester has arrived once again, finals. The worst week ever. Who thought it was a good idea for all your classes to have exams all in the same week? Definitely not me. Here's 20 thoughts you may have studying for finals.

Keep Reading...Show less
Entertainment

Disney magic for New Year!

The "Happiest Place on Earth" has a lot of characters with some pretty great advice.

6085
Disney magic kingdom castle on new years
StableDiffusion

Disney movies are well known and very popular in today's world. Although many people appreciate the plot and the storyline, not many people appreciate the wisdom these characters possess. Every Disney movie has unique advice that can be applied to everyday life. Here are 11 Disney quotes to help start your New Year off right:

Keep Reading...Show less
Lifestyle

40 Gift Ideas for the Indecisive

It's a time of love, family, memory-making, and gift-giving. But also a time of stressing over the perfect gift.

120218
Christmas gifts around a tree
StableDiffusion

It's officially December. There is less than a month of 2024, and I still feel like yesterday was summer. Now comes the merriest time of the year, the Christmas season.

Everyone has been waiting for this time of year since mid-October (which is way too early, in my opinion) or before. It's a time of love, family, memory-making, and gift-giving. A lot of times when I ask friends and family what they want, I get a lot of "I don't know" or "I don't care."

Keep Reading...Show less
Lifestyle

Bucket List To Live In The Now

Find excitement in your life and start exploring wherever you are right here, right now.

1705
mu bucket list

I was sitting at my cubicle, now that I am an adult, looking at the rain pouring down on the windowsill, bumming on life, wishing for the rain to just stop for a full day.

There are moments where we count down the hours until work is over and how many more days till the weekend, and this many weeks until something exciting. Or something like that? Well, I was bumming because my next day off from work is not until Memorial Day weekend, which is not until the end of May. And since this is my first year out of college being a “real person,” I am totally missing the winter, spring and summer breaks. I am sure all of us have felt this way even if just for a hot minute…

Keep Reading...Show less
Entertainment

11 Ways To Survive Finals As Told By Leslie Knope

Because you know you're going to be stressed out, and Leslie knows exactly how to survive.

1217
Everything hurts and I'm dying

So finals are on their way. That's right everybody, finals are about to start.

But hey, don't panic. Start getting your affairs in order and prepare for a week of hell. Here's a few things Leslie Knope wants you to do to make your finals week just a little bit less stressful:

Keep Reading...Show less

Subscribe to Our Newsletter

Facebook Comments