Is it a human rights violation and not enforcing the law

In Deshaney v. Winnebago County Department of Social Services, the U.S. Supreme Court held that a U.S. state's failure to protect an individual against private violence generally does not constitute a violation of the Fourteenth Amendment's Due Process Clause. The court reasoned that while the clause forbids the state itself from depriving individuals of life, liberty, or property, its language cannot be read to create an obligation on the state. Thus, it seems the law of the land in the United States is that it is not a constitutional violation to not enforce the law.

The question remains as to whether Deshaney or other cases of nation states' domestic inaction constitute a human rights violation. Most human rights instruments do not create explicit obligations in their language. In fact, many human rights instruments may have been based on the language of the U.S. constitution and particularly the 14th Amendment. Still, there is an argument that the rights in international human rights law create an obligation on the parties that adhere to them to enforce these rights.

The UN created the International Bill of human rights, comprising the 1948 Universal Declaration of human rights and the two 1966 International human rights Covenants - on civil and political rights, and on economic, social and cultural rights - which make many of the Declaration's provisions legally binding on States parties.

In addition, the UN has drafted and adopted more than 80 conventions, declarations and other instruments on political, civil, economic, social and cultural rights.

Although hard to enforce, most of these human rights instruments contain legally binding language. Currently, the international human rights field has no real enforcement power over the international community. The International Court of Justice, established in 1946, is the principal judicial organ of the United Nations located in The Hague, Netherlands. However, the court is competent to entertain cases only if the parties agree to accept its jurisdiction.