Having articulated numerous human rights norms and standards in international treaties, the pressing challenge today is their realisation in States' parties around the world. Domestic implementation has proven a difficult task for national authorities as well as international supervisory bodies. This book examines the traditional State-centric and legalistic approach to implementation, critiquing its limited efficacy in practice and failure to connect with local cultures. The book therefore explores the permissibility of other measures of implementation, and advocates more culturally sensitive approaches involving social institutions. Through an interdisciplinary case study of Islam in Indonesia, the book demonstrates the power of social institutions like religion to promote rights compliant positions and behaviours. Like the preamble of the 1948 Universal Declaration of Human Rights, the book reiterates the role not just of the State but indeed 'every organ of society' in realising rights.
Julie Fraser is a human rights lawyer with experience in both academia and practice. As an Assistant Professor with the Netherlands Institute of Human Rights (SIM) at Utrecht University, Julie has published, presented, and taught on topics including human rights law, women's rights, and transitional justice.
1. Introduction: the challenge of human rights implementation; 2. Human rights and its cultural connection; 3. Domestic implementation of international human rights treaties: legislative and other effective measures; 4. Domestic implementation of international human rights treaties: the role of public and private actors; 5. Role of Islamic Law and institutions in implementing women's right to family planning in Indonesia; 6. Conclusions: social institutions and the future of domestic human rights implementation; Select bibliography; Index.
'Julie Fraser's Social Institutions and International Human Rights Law Implementation makes the compelling case for the importance of connecting human rights to local communities in the search for more effective and enduring forms of human rights implementation. Through both a powerful case study of the symbiotic relationship between Islamic institutions and Indonesia's family planning programmes, and insightful critical engagement with human rights history and theory, her book is a must-read for any scholar or practitioner looking for ways to expand the toolkit beyond arid legalism or rigid state-centricity.' Mark Goodale, University of Lausanne, Series Editor of Stanford Studies in Human Rights