Human Rights: Between Idealism and Realism, Third Edition
Contents
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I General Considerations I General Considerations
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II Action By States II Action By States
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A. Diplomatic protection A. Diplomatic protection
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B. Representations by diplomatic means B. Representations by diplomatic means
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C. Interstate complaints C. Interstate complaints
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D. Measures of retorsion D. Measures of retorsion
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E. Countermeasures E. Countermeasures
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F. Treaty clauses on observance of human rights F. Treaty clauses on observance of human rights
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G. Military intervention G. Military intervention
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H. Human rights enforcement in practice H. Human rights enforcement in practice
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III Action by Non-Governmental Organizations III Action by Non-Governmental Organizations
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A. Definition of NGOs A. Definition of NGOs
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B. Legitimacy of NGOs B. Legitimacy of NGOs
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C. Activities of NGOs C. Activities of NGOs
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1. The domestic field of action 1. The domestic field of action
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2. The international field of action 2. The international field of action
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15 Enforcement by States and the Role of Non-Governmental Organizations
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Published:01 September 2014
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Extract
General Considerations
As shown in the preceding chapters, most of the special procedures for the protection of human rights come to an end once the body concerned has made its findings and formulated its recommendations as appropriate. At the universal level, no formalized enforcement procedures are generally provided for. This applies to the relevant resolutions of the General Assembly and the HRC as well as to the concluding observations of the various expert bodies after the examination of a state report or to the views adopted on an individual complaint. Although the expert bodies have attempted to organize some follow-up on their own initiative, such makeshift arrangements on uncertain legal bases lack the necessary clout. Whilst the evaluation of a given factual situation constitutes a legal exercise for which no more than expertise and authoritative legitimacy are required, enforcement cannot be delinked from factual power. Expert bodies alone are not in a position to compel reluctant states to heed their views. Consequently, the international community should establish mechanisms and procedures that bring all the monitoring procedures to their desirable end, namely compliance with the legal standards of which non-respect has been noted.
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