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

Marie-Benedicte Dembour editor Cornelia Klocker editor Deborah Casalin editor

Format:Paperback

Publisher:Cambridge University Press

Publishing:31st May '26

£38.00

This title is due to be published on 31st May, and will be despatched as soon as possible.

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

This book shows how UN Human Rights Treaty Bodies address evidentiary issues to bring redress to victims of human rights violations.

How is a human rights victim to establish the factual basis of their individual claim before a UN treaty body? This volume examines crucial legal questions linked to the burden and standard of proof, thereby bringing to the surface justice, truth and power dynamics. This title is also available as open access on Cambridge Core.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 )

ISBN: 9781009639217

Dimensions: unknown

Weight: unknown

285 pages