Questions of Evidence in the UN Human Rights Treaty Bodies' Individual Communications Procedure

doi:10.1017/9781009639231

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.

‘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 (2013–2024); Chair of Chairs (2019–2020 )

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Contents

Questions of Evidence in the UN Human Rights Treaty Bodies’ Individual Communications Procedure
pp i-i
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Studies on International Courts and Tribunals - Series page
pp ii-iv
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Questions of Evidence in the UN Human Rights Treaty Bodies’ Individual Communications Procedure - Title page
pp v-v
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Copyright page
pp vi-vi
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Dedication
pp vii-viii
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Contents
pp ix-x
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Tables
pp xi-xi
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Contributors
pp xii-xiii
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Acknowledgements
pp xiv-xv
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Note on Legal Technical Terms Used by the UN Human Rights Treaty Bodies
pp xvi-xvi
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Table of Cases
pp xvii-xxviii
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Abbreviations
pp xxix-xxx
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1 - Introduction: Studying Evidence in the United Nations Treaty Bodies’ Individual Communications Procedure
pp 1-28
Why This Book, What It Offers
- By Deborah Casalin, Marie-Bénédicte Dembour, Cornelia Klocker
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Part I - Standards and Burdens of Proof in Need of Clarification
pp 29-96
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2 - Evidencing Pushbacks?
pp 31-67
Why Fair, Clear and Consistently Applied Burdens and Standards of Proof are Essential to Human Rights Adjudication
- By Marie-Bénédicte Dembour, Hanaa Hakiki
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3 - UN Treaty Bodies’ ‘Sufficiently Substantiated’ Admissibility Requirement
pp 68-96
Endorsement or Distortion of the Prima Facie Threshold?
- By Lisa Reinsberg
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Part II - Overall Trajectories of Evidentiary Systems in the Making
pp 97-156
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4 - Forty Years and Counting
pp 99-125
CERD’s Ongoing Search for a Clear Evidentiary Path
- By Cornelia Klocker
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5 - The Working Group on Arbitrary Detention’s Treatment of Evidence
pp 126-156
A Three-Phase History of Increasing Sophistication
- By Matthew Gillett, Yutaka Karukaya, Mia Marzotto
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Part III - Developing Evidentiary Techniques Capable of Holding States Accountable
pp 157-240
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6 - It’s All Been Done?
pp 159-189
Individual Communications, the Exhaustion Rule and a New Methodology Expanding and Evidencing Domestic Barriers to Justice
- By Meghan Campbell
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7 - Reversing the Burden of Proof in Response to State Non-participation
pp 190-214
Recent Evolutions in the Human Rights Committee’s Examination of Individual Torture Claims
- By Kasey McCall-Smith
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8 - Not Just Single Events
pp 215-240
Calling on UN Treaty Bodies to Expose Patterns or Practices of Violations
- By Christopher Roberts
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Part IV - What ‘Evidence’ May Leave Unseen
pp 241-294
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9 - The Polluting Effect of Stereotypes on Evidence
pp 243-268
CEDAW’s Efforts to Address Gender-Based Discriminatory Narratives
- By Elena Ghidoni
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10 - The Dangers of Distant Evidence
pp 269-294
The UN Human Rights Committee’s Individual Communications, 512,000 Potential New Sámi Voters and Other ‘Objective’ Facts
- By Miia Halme-Tuomisaari, Reetta Toivanen
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Part V - Going Forward: Practical Recommendations
pp 295-324
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11 - Practical Recommendations for Greater Fairness, Accessibility and Transparency in the UN Treaty Bodies’ Evidentiary Norms and Practices
pp 297-324
- By Lisa Reinsberg, Hanaa Hakiki, Vincent Ploton
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Index
pp 325-346
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