ABSTRACT
Initially and ultimately, responsibility for promoting and protecting human rights lies with each and every State itself.
• What are national institutions for human rights? • To what extent are they independent from the state? • What role do they have protecting vulnerable peoples (e.g. children)? • Some examples of national institutions
‘We the peoples of the united nations’ (United Nations Charter). ‘The States Parties to the present Covenant . . . considering the obligation of States under the Charter of the United Nations to promote universal respect for, and observance of, human rights and freedoms . . . agree’ in the words of the preamble to the International Covenant on Economic, Social and Cultural Rights and that on Civil and Political Rights. Clearly, the obligation to protect human rights is imposed on States themselves and not on the international community or any given international organisation. It follows that responsibility for realising international human rights is a matter primarily within the competence of States. While the last 60 years have witnessed an enormous expansion of international human rights, issues relating to implementation and enforcement remain unresolved. As the chapter on monitoring and enforcing international human rights demonstrated, by definition the international legal system is consensual in nature, dependent on the will of States. With the passing years, attention has focused on additional ways to give effect to norms of human rights. It is perhaps logical that attention has thus turned to the primary obligees under international human rights instruments (the States themselves) and mechanisms by which national institutions can protect and promote human rights. After all, consider the view of the General Assembly on the nature of human rights responsibility.
