Book contents
- Frontmatter
- Contents
- Table of Cases
- Table of Treaties and Conventions
- Table of Comments and Recommendations of Various International Committees
- Introduction
- PART I THE SOURCES
- PART II THE SUBSTANTIVE OBLIGATIONS
- PART III THE MECHANISMS OF PROTECTION
- 8 Ensuring compliance with international human rights law: the role of national authorities
- 9 The United Nations human rights treaties system
- 10 The United Nations Charter-based monitoring of human rights
- 11 Regional mechanisms of protection
- Index
8 - Ensuring compliance with international human rights law: the role of national authorities
from PART III - THE MECHANISMS OF PROTECTION
- Frontmatter
- Contents
- Table of Cases
- Table of Treaties and Conventions
- Table of Comments and Recommendations of Various International Committees
- Introduction
- PART I THE SOURCES
- PART II THE SUBSTANTIVE OBLIGATIONS
- PART III THE MECHANISMS OF PROTECTION
- 8 Ensuring compliance with international human rights law: the role of national authorities
- 9 The United Nations human rights treaties system
- 10 The United Nations Charter-based monitoring of human rights
- 11 Regional mechanisms of protection
- Index
Summary
INTRODUCTION
Since the general framework of international human rights law has been built in the 1960s to the 1980s, a new generation of questions has arisen, which focuses more on the effectiveness of that framework and, particularly, on its impact at national level. The role of national authorities is vital in this respect. International human rights can only be effective on the ground, where they really matter, if national courts, parliaments, and governments rely on them, and if civil society mobilizes in order to hold authorities accountable on that basis (see, e.g. D. Beyleveld, ‘The Concept of a Human Right and Incorporation of the European Convention on Human Rights', (1995) Public Law, 577; C. Heyns and F. Viljoen, The Impact of the United Nations Human Rights Treaties on the Domestic Level (The Hague: Kluwer Law International, 2002); O. Schachter, ‘The Obligation to Implement the Covenant in Domestic Law’ in L. Henkin (ed.), The International Bill of Rights. The Covenant on Civil and Political Rights (New York: Columbia University Press, 1981), p. 311; on the role of national courts in applying international human rights, see B. Conforti and F. Francioni (eds.), Enforcing International Human Rights in Domestic Courts (The Hague: Martinus Nijhoff, 1997)).
Pressure from below is especially important since neither foreign governments, nor international actors, can substitute for the role of local actors.
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- Chapter
- Information
- International Human Rights LawCases, Materials, Commentary, pp. 729 - 790Publisher: Cambridge University PressPrint publication year: 2010