4 - Domestic Implementation of International Human Rights Treaties: The Role of Public and Private Actors

Summary

Having determined that states may use a variety of other measures to implement human rights, Chapter 4 explores the permissible role of social institutions therein. Given the state-centricity of international law, social institutions fall (unsatisfactorily) into the category of non-state actors (NSAs). The chapter sets out the various roles that NSAs like some social institutions play regarding human rights, before examining any responsibilities or obligations upon them under international law. Chapter 4 concludes that despite the UDHR’s recognition that ‘every organ of society’ has a responsibility for realising human rights, and its reiteration by the UN treaty bodies, there are no concrete international obligations upon NSAs. However, this state-centricity in international law does not prescribe state-centricity in implementation, as NSAs can legally play a role in implementing rights domestically. Chapter 4 explores this possibility for outsourcing/privatisation via the example of NSAs providing healthcare services, and their relationship with the state when doing so.