either duties to abstain from interfering within a protected
zone shielding every individual, or duties to provide
everyone with the opportunity to develop and realize their
full potential. Human rights have transformed the way in
which we conceive of the place of the individual within the
community and in relation to the state in a vast array of
disciplines, including law, politics, philosophy, sociology and
geography. The published output on human rights over the
last five decades has been enormous, but on the whole
bound tightly to a notion of human rights that links
individuals and groups directly to the state.
However, over the last two decades, there has been a gradual
enlargement of the scope of human rights, moving them
beyond claims against the state to contest human rights
violations by non-state actors. Initially spurred by feminist
critiques of the exclusion of domestic violence as a human
rights concern, a move to reinterpret human rights has
meant that more and more rights can be claimed to protect
victims from abusers which have no relation to the state.
Examples include the rise of individual criminal
responsibility for war crimes and crimes against humanity.
Such application of human rights nevertheless by and large
remained anchored in a positivist understanding of law,
calling for the state to remain centrally involved as arbiter or
enforcer. This has been, till date, the prevailing view with
regard to civil and political rights as well as rights popularly
defined as “group rights” (e.g. women rights, child rights,
rights of the excluded communities etc).