Fifty years of human rights: An emergent global regime

Abstract

The emergent human rights regime includes three distinct elements; international and domestic laws; government and corporate policies that deny or affirm rights; and norms of behavior that are applied against groups and individuals. The Universal Declaration of Human Rights and its successors were milestones in international law that sprang from the euphoria of victory in World War II. When policies violated these precepts, they came under intense international scrutiny, which produced highly visible, though not universal, improvements; and it was not long before governments and other organizations adopted positive policies that improved access to these rights. Policy scientists can analyze these rights as ‘demands’ or ‘claims’ that enjoy various degrees of legitimacy within both the civic and the public order. Behind the laws and policies lies a widespread awareness of the standards of human dignity. This awareness is gradually taking on a life of its own and human rights begin to function as a system of expected behavior that is becoming a global regime that reflects the preferences of nongovernmental players acting under customs and rules of their own making. Behavior that respects essential rights is increasingly taken as an obligation transcending national borders and subtly enriching the decisions and transactions of states, corporations, and special purpose organizations.