Seeking overlap and redundancy in human rights protection: reputation, consistency and the acceptance of the UN human rights treaties’ individual communications procedures

Staden, Andreas von; Ullmann, Andreas J.

doi:10.1080/13642987.2022.2036134

Cited by 6 publications

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“…80 Compliance with UN treaty bodies' views varies but is likely to be lower than at least the ECtHR. 81 In sum, when thinking about the impact of international litigation, one must consider that on socio-economic rights: (i) adjudication has generally not been a transformative experience; (ii) international courts have granted a wide margin of appreciation to States; (iii) the tougher stance taken by some quasi-judicial bodies does not translate into concrete changes to policies, as these bodies are relatively easily disregarded; (iv) success on small-scale issues seems more likely than structural problems, and, as noted in the previous section, protection of existing entitlements is more likely than creation of new entitlements; (v) States have been reluctant to accept new complaint procedures; and (vi) overall compliance with international judicial decisions is rather low.…”

Section: Making a Differencementioning

confidence: 99%

What can climate change litigation learn from socio‐economic rights litigation?

Ragnarsson

2022

Rev Euro Comp Intl Enviro

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As advocates place hope in international climate change litigation, what lessons may be drawn from over two decades of efforts to litigate socio-economic rights? Both types of litigation envision a role for courts in solving fundamental societal questions that involve complicated policy responses and far-reaching consequences for societal and economic structures. Among the challenges faced by courts adjudicating socioeconomic rights are over-individualization and unintended regressive outcomes.Innovative procedures and remedies have been developed, but courts, both at the national and international level, have often failed, or declined, to address underlying structural problems. The article identifies pitfalls that climate change litigation might avoid and best practices on which to build. It also explores what the experience of socio-economic rights litigation cautions in terms of expectations of success through litigation.

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Section: Making a Differencementioning

confidence: 99%

What can climate change litigation learn from socio‐economic rights litigation?

Ragnarsson

2022

Rev Euro Comp Intl Enviro

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“…4.The treaty bodies’ ICPs are part of an institutional architecture that is characterized by significant overlap between regional and global levels of human rights monitoring and dispute settlement (von Staden and Ullmann 2022, 6–8). Those alleging a violation of their rights thus typically have a choice among several fora to which they could submit their complaint.…”

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confidence: 99%

A Room Full of ‘Views’: Introducing a New Dataset to Explore Compliance with the Decisions of the UN Human Rights Treaty Bodies’ Individual Complaints Procedures

Ullmann

Staden

2023

Journal of Conflict Resolution

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Quantitative research into the effectiveness of the UN human rights treaty bodies (UNTBs) in eliciting remedial responses from states is impeded by a lack of usable data on how states respond to their decisions. The new Treaty Body Views Dataset (TBVD) aims to fill this gap. It comprises details on all published decisions in individual complaints cases issued by the UNTBs between 1979 and 2019 and matches these with information on their state of compliance. The TBVD can be used for research on the activities of the treaty bodies, the nature of the decisions themselves, or state behavior following a decision. An empirical application illustrates how the TBVD can advance knowledge about the factors that correlate with compliance with adverse UNTB decisions. Results show that the likelihood of implementation hinges critically on decision-level characteristics, and reveal differences and similarities between compliance with UNTB decisions and regional human rights court judgments.

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Human Rights

2024

International Courts Versus Non-Compliance Mechanisms

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Seeking overlap and redundancy in human rights protection: reputation, consistency and the acceptance of the UN human rights treaties’ individual communications procedures

Cited by 6 publications

References 0 publications

What can climate change litigation learn from socio‐economic rights litigation?

What can climate change litigation learn from socio‐economic rights litigation?

A Room Full of ‘Views’: Introducing a New Dataset to Explore Compliance with the Decisions of the UN Human Rights Treaty Bodies’ Individual Complaints Procedures

Human Rights

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