Effectiveness of Regional Human Rights Adjudication: ECHR/IACtHR Evidence and Implications for Asia

Ryan Minhyuk Kim
Additional contact information
Ryan Minhyuk Kim: Asia Pacific International School, 820 Wolgye-2dong, Nowon-Gu, Seoul, 139 724, Republic of Korea

Technium Social Sciences Journal, 2025, vol. 76, issue 1, 281-291

Abstract: The research investigates international human rights compliance through legal frameworks and institutional changes by studying three regions of Europe and the Americas and Asia. The research evaluates ECHR and IACtHR through structured case studies to demonstrate how their binding treaties and individual access and enforcement systems differ from ASEAN and SAARC's non-judicial frameworks with weak structures. The study uses Dudgeon v. UK and Barrios Altos v. Peru to demonstrate how court-ordered decisions and monitoring systems and government backing determine the level of implementation. The research identifies three essential elements which determine effectiveness: (1) legally enforceable documents that require or accept court jurisdiction and (2) effective enforcement systems with follow-up procedures and (3) enduring political backing from civil society organizations. The European region achieves high compliance rates because of its extensive institutional framework yet the Americas show variable results in their human rights impact. The region of Asia faces obstacles to court establishment because of its non-interference principles and political divisions and absence of enforceable legal frameworks. The research supports a step-by-step approach to policy implementation which includes creating binding subregional agreements and strengthening AICHR/SAARC authority and testing judicial panels and developing compliance standards through NHRI-NGO partnerships and UN system support.

Date: 2025
References: Add references at CitEc
Citations:

Downloads: (external link)
https://techniumscience.com/index.php/socialsciences/article/view/13296 (text/html)

Related works:
This item may be available elsewhere in EconPapers: Search for items with the same title.

Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text

Persistent link: https://EconPapers.repec.org/RePEc:tec:journl:ojs:13296

DOI: 10.47577/tssj.v76i1.13296

Access Statistics for this article

Technium Social Sciences Journal is currently edited by Tasente Tanase

More articles in Technium Social Sciences Journal from Technium Science
Bibliographic data for series maintained by Tasente Tanase ( this e-mail address is bad, please contact ).