The Domestic Implementation of Judgments/Decisions of Courts and Other International Bodies That Involve International Human Rights Law

Giving Due Consideration: A Normative Pathway between UN Human Rights Treaty Monitoring Bodies and Domestic Courts

“…Some treaty-monitoring bodies indicate the level of satisfactory follow-up by states parties to the outcomes of individual communications. For example, the CAT's report of May 2017 shows that 42 per cent of its communications (55 out of 131), in which the CAT found violations, resulted in satisfactory or partially satisfactory outcomes. 16 Yet this chapter's focus is not on assessing general rates of compliance.…”

“…According to the Final Report, the 'jurisprudence' developed by human rights bodies 'constitutes res interpretata within the treaty system accepted by the state'. 131 On this basis, the ILA's Final Report observed that domestic courts implement the good faith obligation by 'giving serious consideration' to the decisions of human rights bodies. 132 The ILA's Final Report indicated that the treaty bodies' 'jurisprudence'and not necessarily limited to Views in case-specific follow-upought to be considered seriously.…”