The international protection of human rights in contemporary international law

: the era of non-state actors

Abstract

The 21st century has presented new challenges to the legal field, particularly the impact of globalisation. This phenomenon has transformed the world, creating more dynamic and diverse international relations, and expanding the power and influence of non-state actors. The concept of the latter still lacks a uniform international definition. Despite receiving greater attention from the international community, the contemporary international legal system has not yet provided a definitive response to the human rights obligations of non-state actors. Firstly, while there are regional systems specifically designed for this purpose, there is still no comparable global system. Secondly, although civil and political rights and economic, social and cultural rights should be treated equally in theory, practice does not support this understanding. Finally, the growing recognition of the notable presence of non-state actors in the international sphere has been matched by an inversely proportional political will to create new mechanisms. Due to a State-centric approach, States have the duty to protect, respect and fulfil human rights. However, the indirect responsibility of States for the actions of non-state actors is not clearly defined. Nevertheless, when faced with new proposals, States may be hesitant to make political decisions that could potentially threaten their sovereignty.

Date of Award	22 Jul 2024
Original language	English
Awarding Institution	Universidade Católica Portuguesa
Supervisor	Catarina Santos Botelho (Supervisor)