Who Protects Rights? States, Courts and Citizens

A right written on paper protects no one unless someone enforces it. Historically, the state has been both the main threat to rights and their main guardian, which creates a paradox: the same government that can arrest people must also guarantee fair trials. Societies have developed several safeguards. Written constitutions set limits on rulers; independent courts can strike down abuses; elected legislatures can pass protective laws; a free press can expose wrongdoing; and ordinary citizens can petition, protest and vote.

Since 1945, international bodies and agreements have added another layer, though they usually depend on states' cooperation. Historians often note that rights advanced most where several safeguards worked together, and slipped where courts, press and voters were silenced at once. Asking who enforces a right is therefore as important as asking what the right says.