The Role of the State in Enforcing Rights and Justice
1. Maintain stability through economic and political governance.
Example
- Norway ensures justice through low corruption and strong welfare systems.
2. Protect civil liberties: allow free speech and right to protest.
Example
- Global protests like Black Lives Matter highlight the role of state tolerance for dissent.
3. Enable political participation: free elections, civic inclusion.
Example
- South Africa’s democratic reforms post-apartheid expanded political rights.
4. Create/enforce laws: promote equality, anti-discrimination, fair trials.
Example
- UK Equality Act (2010) protects diverse identities.
5. Cooperate with NGOs/IGOs for accountability and human rights monitoring.
Example
- Colombia worked with the UN during peace negotiations.
6. Promote diversity and inclusion: legal recognition of race, gender, sexuality, etc.
Example
- Canada’s Multiculturalism Act (1988) fosters inclusive governance.
7. Ensure access to justice through legal aid and fair trials.
Example
- Kenya’s mobile courts expand legal access in rural regions.
Case study
The United States and Systemic Injustice
- The US criminal justice system shows how a powerful state can uphold or fail justice.
- Despite constitutional protections, data shows racial disparities in arrests, sentencing, and incarceration.
- Black Americans make up 13% of the population but 38% of the prison population (2023).
- Civil society and NGOs (e.g. ACLU, Prison Policy Initiative) pressure the state for reform.
- Illustrates how the state’s role in justice is both essential and contested.
Self review
- How do state laws and institutions shape access to justice?
- Why might some states be resistant to international pressure on human rights?
- How can a state uphold justice in one area while violating it in another?
- What role do civil society and NGOs play in holding states accountable?
