Eight United Nations human rights treaty bodies (UNTBs) can currently examine 'communications' (complaints) from individuals against states. This edited collection is the first in-depth analysis of the evidentiary regimes developed within this procedure. Nine case studies underscore the weak evidentiary basis of the UNTB decisions and the importance of addressing this issue, while the final chapter offers a set of practical recommendations. Grounded in academic research and legal practice, the volume incorporates doctrinal, critical, socio-legal, and anthropological perspectives. It provides an authoritative reference on UNTBs, whilst aiming at contributing to the strengthening of their evidentiary norms and practices. The title is also available open access on Cambridge Core.
Arvustused
'By drawing attention to the crucial role of evidence before United Nations human rights mechanisms, this volume of insightful essays allows readers to look with fresh eyes at a much-neglected aspect of international human rights law. The collaboration of scholars, litigators and members of some of these mechanisms results in thoughtful evidence-based analyses from a variety of disciplinary perspectives. This welcome work provides fertile ground not only for deepening critical reflection on, but also for enhancing the legitimacy and efficiency of international human rights law.' Frans Viljoen, Professor of International Human Rights Law, University of Pretoria 'As a former Chair of the Chairs of the ten UN treaty bodies, I trust this timely and precious volume will give an added impetus to the treaty body harmonisation process. Coming at a time of resource constraints and reforms, it will help bring the treaty bodies closer together to hone their evidentiary regimes and deliver accessible, affordable, accountable, adaptable and quality justice and remedies to all.' Hilary Gbedemah, Rector, Law Institute (Ghana); CEDAW member (20132024); Chair of Chairs (20192020 )
Muu info
This book shows how UN Human Rights Treaty Bodies address evidentiary issues to bring redress to victims of human rights violations.
1.Studying evidence in the UNTB individual communications procedure: why
this book, what it offers Deborah Casalin, Marie-Bénédicte Dembour and
Cornelia Klocker;
2. Evidencing pushbacks? Why fair, clear and
consistently-applied burdens and standards of proof are essential to human
rights adjudication Marie-Bénédicte Dembour and Hanaa Hakiki;
3. UN treaty
bodies' 'sufficiently substantiated' admissibility requirement: endorsement
or distortion of the prima facie threshold? Lisa Reinsberg;
4. Forty years
and counting: CERD's ongoing search for a clear evidentiary path Cornelia
Klocker;
5. The working group on arbitrary detention's treatment of evidence:
a three-phase history of increasing sophistication Matthew Gillett, Yutaka
Karukaya, Mia Marzotto;
6. Reversing the burden of proof in response to state
non-participation: recent evolutions in the human rights committee's
examination of individual torture claims Kasey McCall-Smith;
7. It's all been
done? Individual communications, the exhaustion rule and a new methodology
expanding and evidencing domestic barriers to justice Meghan Campbell;
8. Not
just single events: calling on UN treaty bodies to expose patterns or
practices of violations Christopher Roberts;
9. The polluting effect of
stereotypes on evidence: CEDAW'S efforts to address gender-based
discriminatory narratives Elena Ghidoni;
10. The dangers of distant evidence:
the UN human rights committee's individual communications, 512,000 potential
new Sámi voters and other 'objective' facts Miia Halme-Tuomisaari and Reetta
Toivanen;
11. Practical recommendations for greater fairness, accessibility,
and transparency in the UN treaty bodies' evidentiary norms and practices
Lisa Reinsberg, Hanaa Hakiki and Vincent Ploton.
Deborah Casalin is principal research fellow at the Law and Development Research Group at the University of Antwerp. Her doctoral research examined the role of the UN treaty bodies in ensuring reparation for arbitrary displacement, employing systematic case law analysis and a study of CESCR's decisions on mortgage evictions in Spain. Marie-Bénédicte Dembour is Professor of Law and Anthropology at Ghent University, where she leads the research project 'DISSECT: Evidence in International Human Rights Adjudication' (ERC-AdG-2018-834044). Her numerous publications include a special issue on 'The Evidentiary System of the European Court of Human Rights in Critical Perspective' (2023). Cornelia Klocker is a Senior Researcher at the Human Rights Centre, Faculty of Law and Criminology of Ghent University, Belgium. Her research centres on questions of non-discrimination and the intersections between human rights law and the law of armed conflict, including related evidentiary issues.
