Establishing State Responsibility for the Breach of Human Rights and Possible Remedies

Abstract

This work attempts to study the evolving nature of state responsibility in the context of international human rights law focusing on the invalidity of reservations that hinder access to international justice. The study is limited to core UN human rights treaties and relevant enforcement mechanisms. International law in the past prioritized state-to-state obligations; nonetheless, modern human rights instruments have allowed individuals to seek redress for violations. Despite ratification, many states undermine treaty effectiveness through recourse to reservations. The study reviews international legal texts, treaty commentaries, and relevant jurisprudence using qualitative approach. The findings indicate that invalid reservations conflict with treaty purposes and hinder enforcement. States continue to escape obligations, however, this may result in international pressure such as sanctions, incentives, and public condemnation to compel compliance. It is suggested that international bodies must oblige states to act in line with commitments they have made by signing human rights treaties.