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

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

Edited by Deborah Casalin · Marie-Benedicte Dembour · Cornelia Klocker
Coming Soon Cambridge University Press Available July 2026

Specifications

ISBN-13
9781009639217
Publisher
Cambridge University Press
Publication
July 2026
Format
Paperback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

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.

Table of Contents

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
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