Engagement of Domestic Courts with the Findings of United Nations Human Rights Treaty Monitoring Bodies

  • Machiko Kanetake

Research output: Chapter in Book/Report/Conference proceedingChapterAcademicpeer-review

Abstract

United Nations (UN) human rights treaty monitoring bodies put forward their interpretation of human rights treaty provisions through a wide range of general comments and recommendations, State-specific reports, and decisions on individual petitions. How exactly domestic legal practices are intertwined with UN treaty bodies’ findings remains understudied. The chapter examines how domestic courts engage with the findings of UN treaty bodies, which are generally considered as non-binding. Building on an analysis of court decisions, the chapter discusses examples of judicial engagement, and identifies normative pathways that connect domestic courts’ judicial reasoning with the findings of treaty monitoring bodies. Judicial amenability to international findings varies depending on each jurisdiction’s legal and sociological contexts. The flexible deliberative space involving domestic courts and UN treaty bodies allows judges to align with, adjust, or contest treaty interpretations put forward by the international guardians of human rights treaties.
Original languageEnglish
Title of host publicationThe Engagement of Domestic Courts with International Law: Comparative Perspectives
EditorsAndré Nollkaemper, Yuval Shany, Antonios Tzanakopoulos, Eleni Methymaki
PublisherOxford University Press
Chapter15
Pages293-310
ISBN (Electronic)9780191954894
ISBN (Print)9780192864185
DOIs
Publication statusPublished - May 2024

Keywords

  • human rights
  • domestic courts
  • treaty monitoring bodies
  • international law

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