Looking Past the Human Rights Committee: An Argument for De-Marginalizing Enforcement

50 Pages Posted: 23 Dec 2009

Date Written: 1998

Abstract

The primary purpose of human rights law is to contain the predatory pulses of the state. Just fifty years after the WWII, there is an impressive catalogue of universal and regional human rights instruments and institutions. Whether their mandate it simply to monitor, encourage compliance with, or enforce human right norms, human rights bodies have now become part of the normal fabric of international topography. This article argues, however, that many official international human rights bodies, such as the Human Rights Committee (HRC), are basically weak and ineffectual. These timid institutions, created to mediate human rights norms and deliver promises of protection, have fallen short. The solution is the creation of a Human Rights Court and a sister International Human Rights Commission, two institutions that would begin to give meaning to that promise, and turn a new leaf in the history of humanity.

Keywords: Human rights, law, norms, Human Rights Committee, Human Rights Court, Human Rights Commission, humanity

Suggested Citation

Mutua, Makau, Looking Past the Human Rights Committee: An Argument for De-Marginalizing Enforcement (1998). Buffalo Human Rights Law Review, Vol. 4, pp. 211-260, 1998, Available at SSRN: https://ssrn.com/abstract=1527474

Makau Mutua (Contact Author)

SUNY Buffalo Law School ( email )

626 O'Brian Hall
Buffalo, NY 14260-1100
United States
716 645-2311 (Phone)

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