Human Rights Concepts Can Human

Human Rights Concepts

Can human rights ever be effectively enforced? Why or why not?

Generally, the difficulties in enforcing human rights, particularly on a global scale is that they are more easily enforced retrospectively by punishing those responsible for their violations than they are amenable to enforcement in terms of prevention prospectively. That is largely a function of the sovereignty of national borders and the relative inability of outside entities to interfere in the domestic affairs of sovereign governments, even in connection with very serious human rights abuses. To a certain extent, human rights abuses are a natural feature of certain psychological profiles within the individual makeup of leaders whose regimes are maintained through authoritarian, totalitarian, or dictatorial control. Moreover, human rights abuses tend to develop gradually within societies rather than suddenly in a manner that promotes immediate response from the outside world.

To date, international enforcement of large-scale human rights abuses has mainly focused on punishing those responsible for it at the highest levels of authority after the fact (Mose 2005; 932). That was evidenced most famously in the post World War II-era Nuremburg Trials of the Nazi leadership after the conclusion of hostilities; and it was illustrated in the modern era in connection with atrocities against civilian in Bosnia-Herzegovina and in Rwanda (Fletcher & Weinstein 2002; 576). To a certain extent, the prosecution and punishment of those in power who are responsible for human rights atrocities is likely to have a deterrent effect on other leaders similarly situated. On the other hand, it likely can not prevent human rights abuses perpetrated by totalitarian dictators with complete control of national power and with sufficient military resources to deter active involvement of neutral international parties, particularly where the totalitarian nation is, by choice, not a party to any voluntary international treaties, organizations, or agreements between civilized nations.

Another serious complication with the prevention of human rights abuses on the large scale is that they are almost always perpetrated with the complicity of large numbers of those who may not participate directly but whose inaction and indirect contribution are morally offensive but that, arguably, do not rise to the level of culpability and direct action or responsibility to justify the same retributive justice after the fact (Fletcher & Weinstein 2002; 579). Typically, that would include masses of cheering supporters for corrupt and abusive regimes (such as was witnessed on the widest and most heinous scale in recorded human history in Nazi Germany) who merely stood by, vocally or tacitly supported human rights abuses, or who actively profited from the misfortunes of the victims without actually causing it (Fletcher & Weinstein 2002; 579).