Debates on rights and justice

Codifying, protecting and monitoring rights

International and regional rights frameworks

World norms and the responsibility to protect

Responding to rights violations and injustice

**Codification** gives rights formal expression in constitutions, legislation, treaties or other legal instruments. A moral or political claim becomes a standard against which conduct can be judged.

**Protection** involves preventing rights violations and providing remedies when they occur. **Monitoring** involves collecting and assessing evidence to determine whether political actors are meeting their rights obligations.

### From recognition to enforcement

The three processes overlap, but they aren’t the same:

1. A right is codified in domestic or international law.
2. Institutions interpret its scope and identify the duties it creates.
3. Governments, courts, regulators or other bodies protect it through policy and enforcement.
4. Domestic and international organizations monitor compliance and publicize failures.
5. Victims may seek remedies such as release, restitution, compensation or legal reform.

Codifying a right doesn’t guarantee that people will enjoy it. A state may accept a treaty but fail to incorporate it into domestic law, fund the institutions responsible for it or provide access to an independent court. A government might also lack territorial control. In other cases, it may deliberately avoid enforcement because doing so conflicts with its political interests.

### Competing conceptions of justice

Understandings of justice differ, producing different priorities and hierarchies of rights.

| Conception | Typical priority | Possible tension |
|---|---|---|
| Liberal justice | Individual liberty, equal legal status and limits on government | Strong property or speech protections may conflict with demands for redistribution or protection from harm |
| Social or distributive justice | Fair access to resources, welfare and material opportunities | Achieving substantive equality may require taxation or regulation that limits individual choice |
| Communitarian justice | The values and welfare of a community | Collective traditions may conflict with claims made by individuals or minorities |
| Restorative justice | Repairing harm and rebuilding relationships | Reconciliation may be considered insufficient by those demanding punishment |
| Retributive justice | Accountability and proportionate punishment | Punishment may do little to address structural causes or victims’ long-term needs |

From a feminist perspective, the question is whether apparently neutral laws reproduce gendered power relations. A postcolonial perspective asks whose values shaped a legal framework and whether international monitoring continues unequal relationships between powerful and formerly colonized states. Liberals tend to see enforceable law and independent courts as essential protections. Realists, by contrast, stress that enforcement still depends on state power and interest.

### Example: abortion rights in Mexico, 2023

In 2023, Mexico’s Supreme Court invalidated federal criminal penalties for abortion, building on its 2021 judgment against criminalization at state level. This shows how courts can protect rights through constitutional interpretation. Practical access, however, still depends on state-level legislation, healthcare capacity and officials’ willingness to implement judgments.

The controversy exposes competing conceptions of justice as well. Reproductive-rights organizations prioritize bodily autonomy and gender equality, while opponents argue that justice must also protect prenatal life.

### Example: women’s rights in Afghanistan after 2021

Afghanistan had ratified the Convention on the Elimination of All Forms of Discrimination against Women. After taking power in 2021, however, the Taliban authorities imposed extensive restrictions on women’s education, employment and participation in public life. UN bodies, including the UN Assistance Mission in Afghanistan, have documented these restrictions, but monitoring has not led to effective enforcement.

The gap reflects a lack of political will inside Afghanistan and the limited leverage of external actors. It also connects rights and justice with development: excluding women from education and work restricts individual liberty while weakening social and economic development.

**International and regional rights frameworks** set out, interpret, monitor and sometimes enforce rights beyond the domestic level through declarations, treaties, institutions and procedures. International frameworks aim for broad or universal coverage. Regional ones operate among states within a particular geographical organization.

### The Universal Declaration and UN system

Adopted by the UN General Assembly in 1948, the **Universal Declaration of Human Rights** sets out civil, political, economic, social and cultural rights regarded as belonging to every person. Because it is a declaration rather than a treaty, it does not create the same binding obligations as a ratified convention. Even so, it has shaped later treaties, constitutions and understandings of international standards.

The UN rights system includes:

- treaties through which states accept legal obligations
- treaty bodies made up of independent experts, which review state reports and complaints where the relevant procedure has been accepted
- the Human Rights Council and its Universal Periodic Review of every UN member state
- special rapporteurs and investigative mechanisms that focus on particular countries or issues
- the Office of the UN High Commissioner for Human Rights, which monitors, reports and provides technical assistance.

These bodies can establish facts, interpret standards and create reputational pressure. However, their effectiveness depends heavily on access and reliable evidence, as well as state cooperation and governments’ willingness to act on their findings.

### Regional frameworks

Regional systems can offer rights-holders access to institutions that are closer to their political and legal context. Major frameworks include the European Convention on Human Rights, the American Convention on Human Rights and the African Charter on Human and Peoples’ Rights.

Their courts and commissions have different jurisdictions and enforcement capacities. Some regional systems issue binding judgments, though implementation still relies on states and regional political pressure. Priorities also vary. The African Charter, for example, recognizes peoples’ rights and individual duties alongside individual rights.

### Internationalization of human rights

The internationalization of human rights occurs when treatment once regarded as a purely domestic matter becomes subject to external legal standards and scrutiny. It challenges an absolute view of sovereignty because governments are held accountable for how they exercise power over people within their jurisdiction.

Two important expressions are:

- **Universal jurisdiction**: a domestic court claims authority over certain exceptionally serious crimes even when the conduct occurred abroad and has no direct connection to the prosecuting state.
- **International humanitarian law**: rules governing armed conflict, including the conduct of hostilities and the treatment of civilians, wounded combatants and prisoners of war.

Universal jurisdiction aims to stop perpetrators from finding safe haven. International humanitarian law does not determine whether going to war was justified. Instead, it limits how an existing conflict may be conducted.

### Example: the Ogiek case in Kenya, 2022

In 2022, the African Court on Human and Peoples’ Rights ordered Kenya to provide reparations to the Ogiek community. An earlier finding had ruled that eviction from ancestral land violated rights protected by the African Charter. By connecting property, culture, religion and collective identity, the decision showed how a regional framework can address forced relocation through a conception of justice that includes peoples’ rights.

Implementation still depended on the Kenyan state. The case therefore illustrates the recurring gap between an authoritative judgment and the effective restoration of rights on the ground.

### Example: climate rights in Europe, 2024

In *Verein KlimaSeniorinnen Schweiz v Switzerland* in 2024, the European Court of Human Rights found that Switzerland had not met its positive obligations concerning the serious effects of climate change. The judgment applied an established regional rights framework to environmental harm, connecting rights and justice to sustainability.

Supporters saw the judgment as necessary protection when government policy exposed people to foreseeable harm. Critics argued that elected institutions, rather than international judges, should decide detailed climate policy. This revealed a dispute about legitimacy and the proper distribution of political power.

### Example: universal jurisdiction in Germany, 2022

In 2022, the Higher Regional Court in Koblenz convicted former Syrian intelligence officer Anwar Raslan of crimes against humanity committed in detention facilities in Syria. Germany relied on universal-jurisdiction legislation because prosecution was unavailable where the abuses occurred.

The case showed how domestic courts can contribute to international accountability, but it also exposed practical limits. Such prosecutions require the accused to be accessible, sufficient evidence to be gathered across borders and witnesses to participate safely.

**World norms in rights and justice** are shared expectations about how individuals and communities should legitimately be treated. A norm shapes behaviour by setting out what political actors are expected to do, even when enforcement is incomplete.

Treaties and court judgments can help norms develop, as can repeated state practice. Advocacy campaigns and international organizations also play a part. Norms grow stronger when actors internalize them or fear the political and reputational costs of breaking them. Inconsistent application weakens them.

### How norms change

Constructivists argue that ideas and identities shape political interests. Over time, governments may accept standards promoted by experts, civil society organizations, affected communities or international institutions.

Liberals focus on how institutions turn shared values into rules, monitoring procedures and cooperation. Realists counter that powerful states back norms selectively, then resist them when enforcement threatens strategic allies or national interests. Postcolonial critics point to uneven application: weaker states may face scrutiny that powerful states avoid.

The development of norms has strengthened international rejection of recruiting child soldiers and trafficking people. Forced labour and intentional attacks on civilians also face greater condemnation. Yet condemnation hasn’t ended these practices, and victims still don’t receive equal protection.

### Responsibility to protect

The **responsibility to protect**, endorsed by UN member states in 2005, states that every country must protect its population from genocide, war crimes, ethnic cleansing and crimes against humanity. The international community should help states meet that responsibility. If a state is manifestly failing, collective action may be taken in accordance with the UN Charter.

R2P doesn’t automatically give individual states the right to use military force. Coercive military action remains governed by the UN Charter and normally requires Security Council authorization.

Under R2P, sovereignty becomes a responsibility, rather than simply control. This creates tension between human protection and non-intervention, especially given the unequal power of Security Council members.

### Example: Libya, 2011

In 2011, the UN Security Council adopted Resolution 1973 and authorized measures to protect civilians in Libya. NATO then carried out a military operation. Supporters saw the response as evidence that sovereignty shouldn’t protect a government that threatens its own population.

Russia, China and several postcolonial governments argued that the operation shifted from protecting civilians to pursuing regime change. Its aftermath damaged trust in R2P, making later Security Council agreement on coercive protection harder to achieve.

### Example: the Rohingya and Myanmar, 2017–2020

Large numbers of Rohingya fled to Bangladesh after the Myanmar military’s 2017 operations against them, while UN investigators reported evidence of grave international crimes. In 2019, The Gambia brought proceedings against Myanmar at the International Court of Justice. The Court ordered provisional protective measures in 2020.

These steps increased international scrutiny, but they didn’t secure rapid protection or safe return. Divisions in the Security Council, along with Myanmar’s resistance, showed how a norm can influence legal and diplomatic responses without overcoming sovereignty and geopolitical interests.

### Connections to peace and development

R2P connects rights and justice with peace and conflict. Preventing mass atrocities may reduce violence, but coercive intervention can intensify war or cause long-term instability. It also connects to development: exclusion, displacement and severe inequality can make people more vulnerable, while functioning institutions and access to basic services can improve prevention.

**Responses to rights violations and perceived injustices** include actions that aim to stop abuse, hold those responsible to account, repair harm or change political structures seen as unjust. “Perceived” is significant: actors may disagree about whether an injustice has occurred, who caused it or which remedy is legitimate.

### Forms of response

Responses take place at several levels:

- affected individuals may document abuse, take legal action or seek protection
- social movements organize protests and boycotts, while challenging public narratives
- states may reform laws, prosecute offenders, compensate victims or impose sanctions
- regional and international bodies investigate violations, monitor conduct and issue judgments
- humanitarian organizations assist and protect people during conflict
- businesses and regulators tackle abuse in employment and supply chains.

Some responses combine coercive and non-coercive power. Courts and sanctions impose costs. Monitoring, education and advocacy instead try to change beliefs and behaviour.

### Violations and relevant remedies

| Violation or injustice | Possible responses and recurring limits |
|---|---|
| Recruitment of child soldiers | Responses include demobilization, rehabilitation, education, prosecution of recruiters and reintegration into communities; children may be both victims and participants in violence |
| Human trafficking | Cross-border investigation and prosecution may be combined with safe accommodation and survivor support; treating trafficked people as immigration offenders can deepen the harm |
| Forced labour | Labour inspection, criminal enforcement, trade restrictions and supply-chain regulation can be used; hidden work and subcontracting make proof difficult |
| Forced relocation | Possible remedies include injunctions, return, land restitution, compensation or properly supported resettlement; governments may justify displacement through security or development claims |
| Denial of prisoners-of-war rights | Responses include neutral monitoring, access by the International Committee of the Red Cross and investigation of mistreatment under international humanitarian law; access and evidence are often restricted during war |
| Violations of freedom of speech | Constitutional litigation, independent media, public advocacy and international monitoring may provide a response; disputes remain over incitement, disinformation and protection from harm |
| Violations claimed to prevent terrorism | Judicial review, legislative oversight and international monitoring can challenge violations; secrecy and emergency powers make accountability difficult |
| Gender discrimination | Legal reform, litigation, political mobilization and institutional change may address discrimination; formal equality may leave economic and social power relations unchanged |

### Judging the response

To assess a response, ask whether it prevents further harm and reaches the people affected. It should also provide an appropriate remedy and change the conditions that allowed the abuse. Punishment may establish accountability without rebuilding victims’ lives. Compensation can repair some harm yet leave the responsible institution unchanged.

Realists expect responses to mirror the interests and capabilities of states. Liberals focus on courts, rules and coordinated institutions. Feminists ask whether remedies address gendered experiences such as sexual violence, unpaid care and unequal access to authority. Postcolonial perspectives challenge selective outrage and externally imposed solutions, especially when local voices are excluded from decisions about justice.

### Example: Dominic Ongwen and Uganda, 2021–2024

In 2021, the International Criminal Court convicted Dominic Ongwen, a commander in the Lord’s Resistance Army, for crimes including attacks on civilians, sexual and gender-based crimes and the use of children in hostilities. Ongwen had himself been abducted by the group as a child. His case therefore created a difficult relationship between victimhood, personal responsibility and retributive justice.

The Court ordered reparations for victims in 2024. Prosecution in this case recognized grave harm, but affected communities still required restorative measures and long-term support.

### Example: “Woman, Life, Freedom” in Iran, 2022

Mahsa Amini’s death in custody in 2022 prompted the “Woman, Life, Freedom” protests against compulsory dress rules, gender discrimination and state coercion. Protesters and diaspora networks held demonstrations and documented events to challenge the legitimacy of state policy. The authorities responded with arrests, restrictions on communication and lethal force.

In 2022, the UN Human Rights Council created an independent fact-finding mission. Its work strengthened documentation and international pressure, though continuing repression exposed the limits of monitoring without domestic cooperation or enforceable remedies.

### Example: regulation of forced-labour products in the European Union, 2024

The European Union adopted its Forced Labour Regulation in 2024. It prohibits products made with forced labour from being placed on or exported from the EU market. Rather than relying on prosecution alone, this response uses economic power and supply-chain investigation.

Supporters argue that access to the market can pressure producers to change abusive practices. Critics point out that enforcement requires substantial evidence. They also warn that abrupt trade restrictions can harm workers unless paired with remediation and consultation with affected communities.

Interactions of political stakeholders and actors in rights and justice

Global Politics

Global Politics examines contemporary political issues and power dynamics at local, national, and international levels. The course encourages students to critically analyze global challenges, understand different political perspectives, and develop skills in political analysis and international relations.

2.3 Nature, practice and study of rights and justice

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