Scholars have long debated whether international human rights treaties matter. Generally, quantitative studies are more skeptical about their efficacy, while qualitative research often affirms their positive impact. To reconcile these seemingly contradictory perspectives, this Article proposes the concept of noncompliant effectiveness, where human rights treaties are effectively implemented without State compliance. This Article presents a triad case study focusing on the implementation of the United Nations Convention on the Rights of Persons with Disabilities (CRPD) in China, Japan, and South Korea. The CRPD is a relatively recent international human rights treaty that has rarely been discussed in the debate on the effectiveness of human rights treaties. China, Japan, and South Korea, with their Confucian cultures and education systems, are often criticized for endorsing ableism and elitism, making them particularly challenging cases for improving the rights of persons with disabilities. By specifically examining the implementation of the right to inclusive education, as mandated by Article 24 of the CRPD, this Article demonstrates that noncompliant but effective practices can improve the educational situations of persons with disabilities. However, it cautions that while noncompliant effectiveness may be preferable to noncompliant ineffectiveness, deviating from the fundamental requirements of a convention may only lead to superficial and temporary improvements. Without systematic changes aligning with the core demands of a human rights treaty, progress may remain limited and largely symbolic.
