Questions of Evidence in the UN Human Rights Treaty Bodies' Individual Communications Procedure

Deborah Casalin is principal research fellow at the Law and Development Research Group at the University of Antwerp. Her doctoral research examined the role of the UN treaty bodies in ensuring reparation for arbitrary displacement, employing systematic case law analysis and a study of CESCR's decisions on mortgage evictions in Spain. Marie-Bénédicte Dembour is Professor of Law and Anthropology at Ghent University, where she leads the research project 'DISSECT: Evidence in International Human Rights Adjudication' (ERC-AdG-2018-834044). Her numerous publications include a special issue on 'The Evidentiary System of the European Court of Human Rights in Critical Perspective' (2023). Cornelia Klocker is a Senior Researcher at the Human Rights Centre, Faculty of Law and Criminology of Ghent University, Belgium. Her research centres on questions of non-discrimination and the intersections between human rights law and the law of armed conflict, including related evidentiary issues.

• 1.Studying evidence in the UNTB individual communications procedure: why this book, what it offers Deborah Casalin, Marie-Bénédicte Dembour and Cornelia Klocker; 2. Evidencing pushbacks? Why fair, clear and consistently-applied burdens and standards of proof are essential to human rights adjudication Marie-Bénédicte Dembour and Hanaa Hakiki; 3. UN treaty bodies' 'sufficiently substantiated' admissibility requirement: endorsement or distortion of the prima facie threshold? Lisa Reinsberg; 4. Forty years and counting: CERD's ongoing search for a clear evidentiary path Cornelia Klocker; 5. The working group on arbitrary detention's treatment of evidence: a three-phase history of increasing sophistication Matthew Gillett, Yutaka Karukaya, Mia Marzotto; 6. Reversing the burden of proof in response to state non-participation: recent evolutions in the human rights committee's examination of individual torture claims Kasey McCall-Smith; 7. It's all been done? Individual communications, the exhaustion rule and a new methodology expanding and evidencing domestic barriers to justice Meghan Campbell; 8. Not just single events: calling on UN treaty bodies to expose patterns or practices of violations Christopher Roberts; 9. The polluting effect of stereotypes on evidence: CEDAW'S efforts to address gender-based discriminatory narratives Elena Ghidoni; 10. The dangers of distant evidence: the UN human rights committee's individual communications, 512,000 potential new Sámi voters and other 'objective' facts Miia Halme-Tuomisaari and Reetta Toivanen; 11. Practical recommendations for greater fairness, accessibility, and transparency in the UN treaty bodies' evidentiary norms and practices Lisa Reinsberg, Hanaa Hakiki and Vincent Ploton.

'By drawing attention to the crucial role of evidence before United Nations human rights mechanisms, this volume of insightful essays allows readers to look with fresh eyes at  a much-neglected aspect of international human rights law. The collaboration of scholars, litigators and members of some of these mechanisms results in thoughtful evidence-based analyses from a variety of disciplinary perspectives. This welcome work provides fertile ground not only for deepening critical reflection on, but also for enhancing the legitimacy and efficiency of international human rights law.' Frans Viljoen, Professor of International Human Rights Law, University of Pretoria