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Goddess Amani

With the widespread expansion of the field of human rights in the mid-twentieth century, conflicts and complexities have become inevitable in the realm of prioritizing and delaying these rights. From political and civil rights and democracy to individuals’ rights in the field of environment, from children’s and women’s rights to the right to housing and food, cultural rights, the rights of individuals with physical or mental disabilities, to execution and individuals who are disappeared by governments, to the rights of individuals in terms of freedom of expression and speech, religion and beliefs, these are all topics that are now under the umbrella of human rights and are even expanding and transforming every day. This is because issues such as individuals’ rights to access technology or protect their privacy in communications and their presence in the virtual space did not exist in the past, but are now included in this list.

The book “The Twilight of Human Rights Law” written by Eric Posner, a professor at the University of Chicago Law School, and published in 2014, sparked controversial debates in theoretical human rights discussions.

This book seems to have two main goals. The first goal is to review the history of international human rights treaties and the institutions and organizations that have contributed to the spread of international human rights laws. In achieving this goal, it must be said that the book has added to the literature of human rights.

The second goal of Professor Pozner is to argue that these treaties, institutions, and organizations for human rights in the world have not yet done anything to improve the living conditions of people. In his book, he states that international treaties have been an idealistic action. This view of Professor Pozner has been heavily criticized and has sparked numerous theoretical debates and discussions.

The reality is that the commitments of governments towards individuals living within the geographical borders of these governments have been taken seriously since 1948, with the adoption of the Universal Declaration of Human Rights. The 30 articles of this declaration, which is not a binding international treaty, actually outline the responsibilities of governments towards political, economic, social, and cultural rights.

The treaties that are subsequent to this declaration are aimed at expanding the commitment of different countries and eliminating deficiencies in this declaration, as well as expanding the language and topics that can provide the theoretical foundations of human society.

These treaties are the moral obligations of governments; because global institutions and organizations, including the two institutions of the Human Rights Council in Geneva and the Office of the High Commissioner for Human Rights of the United Nations, which are responsible for monitoring the implementation of these commitments, do not have executive power to enforce these obligations.

In fact, many representatives of countries around the world in these institutions and monitoring bodies have been and are among the most blatant violators of the human rights of their own people. The spirit of international human rights laws in these treaties has been, on one hand, to encourage governments to regulate and formulate domestic laws in accordance with international commitments, and on the other hand, over the past 68 years, the modern human rights movement has given new life to these commitments; because these international commitments today go beyond being just a document in the vast literature of human rights and are used as a tool for holding governments accountable by the people of the world.

The complexity of human rights laws is actually one of its strengths, and the implementation of these laws has always been seen as an action by governments in the domestic arena of world countries. These laws cannot be enforced by military occupation or foreign intervention in world countries, nor can international institutions with executive power ensure their respect. Only the awareness of the people of the world of their human rights and holding those in power accountable can keep hope alive for the realization of governments’ international commitments.

Book Name: Bright Shadows of International Human Rights Laws

Author: Eric Posner

Publication date: 2014

Publisher: Oxford University Press