Un Human Rights Treaty Monitoring Bodies Before Domestic Courts

Bibliographic Data

ID9934987
AuthorsMachiko Kanetake (0000-0002-1684-422X, corresponding author)
Year2018
Volume67
Issue1
Pages201-232
Publication date2018-01-01
Peer ReviewedYes
Open AccessYes
TypeARTICLE
VenueInternational and Comparative Law Quarterly (JOURNAL)
Journal identifiersISSN: 0020-5893 • E-ISSN: 1471-6895
PublisherCambridge University Press (CUP) (PUBLISHER)
DOI10.1017/s002058931700046x
OpenAlexW2767539219
LanguageEN
Citations received8
References cited10

This article analyses both cooperative and confrontational interactions between domestic judges and UN human rights treaty monitoring bodies. Based on a number of cases collected through multiple databases, this article addresses the basis on which the monitoring bodies encourage the domestic acceptance of their views, general comments, and reports; how domestic courts engage with these findings; on what basis; and why some courts are more willing to engage with these findings. A key argument is that judicial accommodation is highly selective; domestic judges occasionally avoid, discount, and contest the interpretation put forward by the treaty monitoring bodies and thereby pose a challenge to their legitimacy

Argument (complex analysis · CONTEST · Human rights · Interpretation (philosophy · Law and economics · Legitimacy · Political science · Sociology · Treaty · Human Rights and Development · International Law and Human Rights · Judicial and Constitutional Studies · Law

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