Some argue that typically state sovereignty and human rights are fundamentally opposed; the rights of states are pitted against the rights of individuals. The bulk of human rights laws arise from international law and no country can be forced to follow these laws. Even if they have ratified them, there are limited avenues of redress if a country is found in breach of these laws as the state is sovereign.

Some argue that state sovereignty provides more protection for human rights. State sovereignty provides opportunities for the state to provide protection for its citizens without external interference and there are many instances where this takes place. Since the Universal Declaration of Human Rights, many countries have formed Bills of Rights and have enacted legislation for human rights within domestic law. It is state sovereignty which provides the means for a state to do this.