Questions of Evidence in the UN Human Rights Treaty Bodies' Individual Communications Procedure
Will be published approx. on 16. July 2026
Book
Hardback
376 pages
978-1-009-63922-4 (ISBN)
Description
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.
Reviews / Votes
'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 )More details
Series
Language
English
Place of publication
Cambridge
United Kingdom
Target group
College/higher education
Professional and scholarly
Illustrations
Worked examples or Exercises
ISBN-13
978-1-009-63922-4 (9781009639224)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Classification
Other editions
Additional editions
Deborah Casalin | Marie-Benedicte Dembour | Cornelia Klocker
Questions of Evidence in the UN Human Rights Treaty Bodies' Individual Communications Procedure
Book
approx. 07/2026
Cambridge University Press
€47.50
Not yet published
Persons
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-Benedicte 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.
Content
1.Studying evidence in the UNTB individual communications procedure: why this book, what it offers Deborah Casalin, Marie-Benedicte 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-Benedicte 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 Sami 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.