Question

“The State is a protector of the people” or “The State seeks to oppress and repress through
violence.”

Answer 1

The State is a protector of the people

States have a fundamental responsibility to protect and promote human rights , including the right to social welfare, and to guarantee that, without prejudice, persons will know their rights. The general duty of the State involves ensuring that programmes are sufficiently given in compliance with clear and open eligibility requirements and entitlements, and that facilities and services are well managed. Where benefits and services are not delivered explicitly by public agencies, it is especially necessary for the provider of benefits and services to ensure successful implementation of statutory mechanisms.

Governments undertake to bring in effect internal policies and laws consistent with their treaty commitments and responsibilities by ratifying universal human rights treaties. Consequently, the domestic legal framework offers the primary legal protection guaranteed by international law for human rights. Where domestic court processes fail to remedy human rights violations, regional and international frameworks and remedies are available for person and community grievances to help ensure that international human rights principles are indeed upheld, implemented and enforced at the local level.