Social Institutions and International Human Rights Law Implementation
Every Organ of Society

Critiquing the State-centric and legalistic approach to implementing human rights, this book illustrates the efficacy of relying upon social institutions.

Julie Fraser (Author)

9781108489577, Cambridge University Press

Hardback, published 6 August 2020

307 pages
24 x 15.5 x 2.5 cm, 0.62 kg

'In Social Institutions and International Human Rights Law Implementation, Dr Fraser brings a rare and insightful mind to the crisis, vitality and hope in the human rights project. This book pulsates with a unique kaleidoscope of high theory, praxis and discourse that lays bare both the torment and redeeming power of human rights. In it, Professor Fraser reaches into the annals of global cultures to weave a story of the liberatory potential of the norms, processes and institutions steeped in the human rights corpus. Most remarkably, she puts forth a broad school of thought that hears the critiques of the Global South and the incompleteness of the human rights text. It's a great work of reference.' Makau Mutua, SUNY Distinguished Professor, SUNY Buffalo Law School, The State University of New York

Having articulated numerous human rights norms and standards in international treaties, the pressing challenge today is their realisation in States' parties around the world. Domestic implementation has proven a difficult task for national authorities as well as international supervisory bodies. This book examines the traditional State-centric and legalistic approach to implementation, critiquing its limited efficacy in practice and failure to connect with local cultures. The book therefore explores the permissibility of other measures of implementation, and advocates more culturally sensitive approaches involving social institutions. Through an interdisciplinary case study of Islam in Indonesia, the book demonstrates the power of social institutions like religion to promote rights compliant positions and behaviours. Like the preamble of the 1948 Universal Declaration of Human Rights, the book reiterates the role not just of the State but indeed 'every organ of society' in realising rights.

1. Introduction: the challenge of human rights implementation
2. Human rights and its cultural connection
3. Domestic implementation of international human rights treaties: legislative and other effective measures
4. Domestic implementation of international human rights treaties: the role of public and private actors
5. Role of Islamic Law and institutions in implementing women's right to family planning in Indonesia
6. Conclusions: social institutions and the future of domestic human rights implementation
Select bibliography
Index.

Subject Areas: International human rights law [LBBR], Public international law [LBB], International law [LB], Human rights [JPVH]