Challenges in Enforcing UN Human Rights Declaration Essay

Human rights law embraces rights attributed to individuals or groups of people. However, human rights periodically are asserted and denied, exercised and waived, violated and respected, and from time to time, the rights are differently discussed, interpreted and disputed in the different nations. Human rights violations affect global security, but, human rights violation worldwide persists because of weak and ineffective enforcement since compliance with such laws requires strong enforcement mechanisms. The emergence of international human rights laws resulted from the atrocities committed in the Second World War that saw the creation of the United Nations to promote world peace. In 1948, the United Nations adopted the Universal Declaration of Human Rights, that set out a standard that recognizes the inherent dignity and equal and unalienable rights of every human of all nations in the World. Despite the existence of such, the enforcement mechanism still is a challenge, and this essay reviews the problems in the universal enforcement of such laws.

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Human rights enforcement occurs at national and international levels. The global requirement is due to failure of some states to make adequate laws to promote or protect human rights. As such, states are legally bound to implement international human rights, but the implementation has been impossible because of nationalities marred by corruption, abuse of power, armed conflict, poverty and use of veto powers (Obodo 5). Therefore, some states are unwilling or lack the possible infrastructure to ensure enforcement of human rights including government institutions to monitor, publicize and enforce such laws, and non-governmental organizations that pressurize the governments to implement certain human rights. For example, The articles 25 and 26 of the UN charter states that every human is entitled to food, healthcare, housing, clothing, social services and education, but the provision of such rights is almost impossible in developing nations of the world who are signatories to the UN.

Politics play an important role in the perception of international human rights law. The use of the veto power by the Permanent 5 members of the UN Security Council - China, USA, Russia, France and Britain sometimes undermine the provisions of International Human Rights. Since the victors of World War 2 founded the UN, the UN system favors the interests of superpowers such that when superpower or its allies commit an atrocity, their veto vote may prevent prosecution of perpetrators (Moscrop 4). Some superpower countries including the US are non-signatories to International Criminal Court of Justice (ICC), thus its citizens are not subject to trial even when they commit international crimes. In addition to inadequate judicial mechanisms, the UN does not also have a military body tasked with enforcing international laws and the wide geographical jurisdiction makes it unable to raise a large enough military force to ensure compliance with the set laws (Grimes 13). The sovereignty of a country also makes it impossible to use force by other nations through the non-interference with domestic issues policy set by the UN.

The international human rights legal systems are dynamic and undergoing evolution seen through transnational legal processes that lead to the obedience of international laws. The process involves interactions between international institutions, interpretation of developed legal norms and internalization of those norms to foreign and domestic systems (Moscrop 3). Different nations obey international laws for power, self-interest and due to increasing global democracy expansion that forces the neighboring states to follow international laws. Once international laws are recognized, they are adopted into domestic law and internalized. Another method of enforcement is through socialization of legal human rights that eventually lead to acceptance of human rights into popular culture, political domain, and behavior. This is achieved by acculturation process where different nations adopt beliefs and behavioral patterns of their regional actors due to peer pressure, socialization, communication, and globalization, which cause assimilation of beliefs about human rights (Moscrop 8). Such a system ensures that everybody is aware of human rights and disobedience triggers a heavy backlash and criticism. Another solution to ensure compliance with international law is the use of powerful regional courts. Regional courts enforce and promote human rights through interpreting legislation and developing rules of law and by delivering judgment in constitutional and cases meant to advance human rights (Obodo 11).

Conclusion

In conclusion, Human rights face a challenge in that it demands new ways of thinking. To enforce human rights in the modern world is both a pressing issue and an elusive goal of the international community. The Universal Declaration of Human Rights established by the United Nations in 1948 after the end of the World War II provides the basic human rights. However, during the drafting of the laws, regions including Africa and Asia felt unrepresented and hence, are reluctant in adopting the human rights laws and standards. The wide geographical jurisdiction of such laws also undermines their effectiveness accompanied by lack of clear-cut enforcement strategies. Through the use of courts, socialization, and acculturation of human rights, the world could see a reduction in the number of human rights violations.

Works Cited

Grimes, Ashley. "Enforcement of International Human Rights Laws: Barriers to Implementation: Protecting the Legal Interests of Our Clients." Grimes Law Firm PLLC is a Law Firm Providing Legal Assistance in Worker's Compensation Law, Technology Law, Intellectual Property Law, Immigration Law, and Criminal Law, www.grimeslawaz.com/articles/enforcement-of-international-human-rights-laws-barriers-to-implementation/.

Moscrop, Hannah. "Enforcing International Human Rights Law: Problems and Prospects." E-International Relations, 29 Apr. 2014, www.e-ir.info/2014/04/29/enforcing-international-human-rights-law-problems-and-prospects/.

Obodo, Chimere A. "International human rights law enforcement challenges in 21st century Africa." International Journal of Human Rights and Constitutional Studies, vol. 2, no. 3, 2014, p. 226.