Shattering the Stalemate: Overcoming Structural Barriers to Upholding International Human Rights Law

Abstract

The United Nations-sponsored International Human Rights Law not only provides the normative structure of the much-celebrated human rights norms but also the means and tools to realize those rights. However, the implementation and enforcement of international human rights law are hindered by various lacunae within international law generally and, in particular, within the UN Treaty Enforcement System. Moreover, ideological rifts, particularly within the Islamic States, regarding the concept and nature of human rights have also impeded the enforcement of International Human Rights Law in its entirety. By adopting the mixed method approach based on qualitative and comparative design, the research concludes that human rights treaties have weak institutional mechanisms and procedures of enforcement, because of which they are not able to contribute with impact; therefore, the international community needs to revisit the whole system to remove these structural barriers and to make these available to all human beings in reality.