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Horizontal Dialogue Between UN Treaty Bodies and Regional Human Rights Courts

Key Question Being Explored in This Insight:

Research shows that there is no formal hierarchy or international rule of precedent between the three regional human rights systems and the eight UN Human Rights Treaty Bodies. However, duplicative proceedings by UN Treaty Bodies indicate their review of cases already examined by regional human rights courts. The UNTBs typically defer to regional courts' findings, but judgments applying the margin of appreciation doctrine are more likely to be revised and contradicted. This creates opportunities for dialogue between UNTBs and regional human rights courts.

Institution: Faculti

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Research shows that there is no formal hierarchy or international rule of precedent between the three regional human rights systems and the eight UN Human Rights Treaty Bodies. However, duplicative proceedings by UN Treaty Bodies indicate their review of cases already examined by regional human rights courts. The UNTBs typically defer to regional courts’ findings, but judgments applying the margin of appreciation doctrine are more likely to be revised and contradicted. This creates opportunities for dialogue between UNTBs and regional human rights courts.

Image courtesy of interviewee. January 10, 2024

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