The Law Of Human Rights Essay

1082 Words Oct 25th, 2015 null Page
The use of courts is a common method of enforcing human rights. However as we will find out by looking at the evidence and the mechanics of the law, we can see that the courts alone are not the best method of enforcing human rights and that it may in fact be ineffective. Instead this essay will examine how currently there is no set universal method of human rights enforcement and it is instead best to use a method based on the context of the situation.
As we know courts are the main medium for enforcement of international human rights law. States which sign on to the human rights conventions are responsible for enforcing any violations of human rights through their own courts. This is done as each court within the country is in many cases more suited at dealing with the context of the case before them. The somewhat differing rulings in Dahlab v Switzerland and Multani v Commission Scolaire show this. In the Dahlab religious freedoms appeared to be restricted while the Multani case had similar material facts but resulted in the opposite ruling. This shows us how each court applies human rights to the context of their country and the timing of the case. Critics however will argue that by allowing for individual courts to interpret human rights it will result in a lack of consistency. They say that human rights is most effective when applied universally however as we know due to the diverse nature of humanity a single strict standard on human rights would not work and cultural…

Related Documents