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

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

Author: Deborah Casalin; Marie-Benedicte Dembour; Cornelia Klocker
Publisher: Cambridge University Press
ISBN: 9781009639217
Published In: June 2026
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Contents

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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.

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