Having determined that states may use a variety of other measures to implement human rights, Chapter 4 explores the permissible role of social institutions therein. Given the state-centricity of international law, social institutions fall (unsatisfactorily) into the category of non-state actors (NSAs). The chapter sets out the various roles that NSAs like some social institutions play regarding human rights, before examining any responsibilities or obligations upon them under international law. Chapter 4 concludes that despite the UDHR’s recognition that ‘every organ of society’ has a responsibility for realising human rights, and its reiteration by the UN treaty bodies, there are no concrete international obligations upon NSAs. However, this state-centricity in international law does not prescribe state-centricity in implementation, as NSAs can legally play a role in implementing rights domestically. Chapter 4 explores this possibility for outsourcing/privatisation via the example of NSAs providing healthcare services, and their relationship with the state when doing so.

The introductory chapter frames the book in the contemporary setting of persistent human rights violations, increasing human rights contestation and shifting global dynamics. The chapter articulates the challenge of human rights implementation, highlighting the gap between international norms and local realities. It identifies several problematic factors in the effective domestic implementation of international human rights law. First, the chapter addresses the long-standing cultural critique of universal human rights, and their continued cultural disconnect in many societies today. It then addresses the state-centric and legalistic nature of human rights as problematic factors in implementation. This first chapter advocates an increased role for other (non-legal) measures and other (non-state) actors in the domestic implementation of human rights in order to overcome the problems identified. Specifically, a greater role for social institutions is advocated. Finally, the first chapter sets out the book’s research design, case study and structure.