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Enforcement : the key human rights challenge

Hamid, Abdul Ghafur@Khin Maung Sein (2012) Enforcement : the key human rights challenge. In: Human rights law: international, Malaysian and Islamic perspectives. Sweet and Maxwell Asia, Petaling jaya, Malaysia, pp. 37-56. ISBN 978-967-5040-87-0

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Although numerous proposals of how to go about enforcing international human rights have been proposed in academic writings, the truth is that State sovereignty is still the main pillar of the international system. The natural consequence is the primacy of domestic enforcement. International enforcement, which is merely supplementary, is rather weak at the universal level and it almost exclusively has to rely on monitoring rather than enforcement mechanisms. At the regional level, the European Court of Human rights has been a success story. However, we can see hopeless failures in regions like Asia. Another interesting question is whether there is a possibility of coercive enforcement of human rights. Although human rights can be enforced coercively under certain circumstances, there are limitations and the effectiveness of the enforcement depends entirely on the will of the enforcement organs like the Security Council of the United Nations.

Item Type: Book Chapter
Additional Information: 3163/27412
Uncontrolled Keywords: human rights, enforcement
Subjects: J Political Science > JX International law
K Law > K Law (General)
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button): Ahmad Ibrahim Kulliyyah of Laws > Department of Civil Law
Depositing User: Prof. Dr. Abdul Ghafur Hamid
Date Deposited: 13 Dec 2012 17:11
Last Modified: 28 Mar 2023 15:46
URI: http://irep.iium.edu.my/id/eprint/27412

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