The Applicability of International Human Rights Law to Non-State Actors: What Relevance to Economic, Social and Cultural Rights?

Abstract

In recent years, non-state actors (NSAs) such as transnational corporations, civil society groups, international organisations (including the World Trade Organisation, the World Bank and the International Monetary Fund) as well as armed opposition or terrorist groups have assumed major roles in relation to the progressive enjoyment throughout the world of all human rights, and economic, social and cultural rights in particular. Despite this development, NSAs are still not bound directly by existing international human rights treaties which apply to states parties. The fact, however, is that the growth in the wealth and power of NSAs has meant an enhanced potential for NSAs to promote or undermine respect for human rights. This raises two fundamental questions examined in this article: (1) how should international human rights law ensure that the activities of NSAs are consistent with international human rights standards? (2) How should accountability of NSAs be promoted effectively when violations of international human rights law occur? It is concluded that in order to ensure more accountability for human rights violations by NSAs, it is relevant to consider the adoption of a Statute of an International Court of Human Rights, to which NSAs could also become parties in addition to states.