UC Irvine Journal of International, Transnational, and Comparative Law

This research assesses the access and effectiveness of International Human Rights Law (IHRL) use by U.S. civil society, particularly in light of the 2023 Human Rights Committee review. Recognizing the pivotal role of civil society in leveraging IHRL to influence domestic laws and policies, the study shifts focus from the current limitations of IHRL on domestic policy influence in the United States to the actual and potential use of IHRL by the American civil society. 

Through a combination of desk research and semi-structured interviews with 20 representatives from Non-Governmental Organizations (NGO) and law school clinicians who participated in the 2023 Human Rights Committee’s review of the United States, the study identifies key factors influencing access and effectiveness. While the research confirms that overall appreciation of IHRL among interviewees, the findings reveal awareness gaps regarding IHRL’s utility for the U.S. civil society as a whole. Resource constraints hinder sustained participation, even among those who recognize IHRL’s benefits.

The study then proposes actionable strategies for IHRL experts to enhance civil society's access to and effective use of IHRL. Recommendations include fostering awareness through proactive outreach to communities and grassroots organizations, addressing resource disparities, and encouraging strategic integration of IHRL into domestic advocacy. The research concludes with a call for a collaborative effort to reframe perceptions of IHRL as “top-down” or being weakly tied with affected communities and promote its utility, thereby strengthening its impact within the U.S. context through civil society’s use of IHRL. Such efforts are especially crucial in an upcoming period in the United States, under an administration driven by neoliberal and nationalistic policies that prioritize American financial interests over the fundamental values of law, democracy, and equity.