The Enforcement of International Human Rights Law: Challenges and Solutions

Abstract

In recent decades, the rise of human rights principles has attracted the attention of governments, organizations, and scholars worldwide. The expanding institutionalization of human rights has led to the formation of various international human rights laws, ranging from binding treaties to nonbinding declarations at both regional and international levels. However, existing scholarship has demonstrated that all international human rights laws, regardless of their form, have limited capacity for enforcement. Using a systematic review method based on existing literature, governmental articles, and non-governmental organization declarations and publications, this paper determines three primary challenges to the enforcement of international human rights laws: (1) inconsistency between states' agreements and practices, which means symbolic ratification by rights-violating governments; (2) professionalization of human rights movement activities, which may diminish the influence of social movements and result in less commitment and impacts; (3) overextension of movement objectives, which provoke adverse reactions against human rights principles. This paper concludes by providing constructive advice on the implementation of international human rights laws.