1 - Introduction: The Challenge of Human Rights Implementation

Summary

The introductory chapter frames the book in the contemporary setting of persistent human rights violations, increasing human rights contestation and shifting global dynamics. The chapter articulates the challenge of human rights implementation, highlighting the gap between international norms and local realities. It identifies several problematic factors in the effective domestic implementation of international human rights law. First, the chapter addresses the long-standing cultural critique of universal human rights, and their continued cultural disconnect in many societies today. It then addresses the state-centric and legalistic nature of human rights as problematic factors in implementation. This first chapter advocates an increased role for other (non-legal) measures and other (non-state) actors in the domestic implementation of human rights in order to overcome the problems identified. Specifically, a greater role for social institutions is advocated. Finally, the first chapter sets out the book’s research design, case study and structure.