The Gap in Human Rights Protection from an International Legal Perspective and the Implementation of the Principle of Equality

Abstract

Human rights are fundamental principles that guarantee the equality, dignity, and freedom of every individual, but their implementation still faces various gaps in global society. This study aims to analyze human rights gaps from an international perspective, particularly those related to economic inequality and racial and ethnic discrimination. This study uses a normative juridical method with a conceptual approach and legal regulations through an analysis of scientific literature and relevant legal instruments. The results show that economic inequality can limit people’s access to education, health, decent work, housing, and social protection, thus impacting the fulfillment of economic and social rights. Meanwhile, racial and ethnic discrimination can limit individuals’ and groups’ access to employment, education, public services, political participation, and justice. In the Indonesian context, Law Number 39 of 1999 concerning Human Rights and Law Number 12 of 2005 concerning the Ratification of the ICCPR provide the legal basis for the protection of equality and non-discrimination. The study concludes that reducing human rights disparities requires harmonization of national laws with international standards, institutional strengthening, effective law enforcement, and policies that guarantee substantive equality for all individuals and groups