Echoes of Strasbourg in Geneva. The Influence of ECHR Anti-Torture Jurisprudence on the United Nations Human Rights Committee

Japanese Yearbook of International Law, vol.59 (2016) pp. 81-98.

19 Pages Posted: 14 Apr 2017  

Antoine Buyse

Utrecht University School of Law (the Netherlands); Utrecht University School of Law (the Netherlands); Netherlands Institute of Human Rights (SIM) ; Utrecht University - Faculty of Law

Date Written: April 13, 2017

Abstract

In this article the influence of the European Court of Human Rights’ case-law on the United Nations Human Rights Committee will be analysed. This particular choice of supervisory bodies enables us to trace such potential influence adequately since both the Court and the Committee supervise treaties which mainly concern civil and political rights: the European Convention on Human Rights (ECHR) and the International Covenant on Civil and Political Rights (ICCPR). Both are legally binding elaborations of the Universal Declaration of Human Rights. Many of the rights in the two treaties are, as a consequence, formulated in a similar way. This facilitates a systematic comparison between the case-law of the two supervisory institutions. To map the possible influence of the Court’s jurisprudence on the Committee’s work as precisely and concretely as possible, I will focus on the prohibition of torture and inhuman and degrading treatment.

Keywords: human rights, ECHR, UN Human Rights Committee, Torture, judicial dialogue

JEL Classification: K33

Suggested Citation

Buyse, Antoine, Echoes of Strasbourg in Geneva. The Influence of ECHR Anti-Torture Jurisprudence on the United Nations Human Rights Committee (April 13, 2017). Japanese Yearbook of International Law, vol.59 (2016) pp. 81-98.. Available at SSRN: https://ssrn.com/abstract=2952324

Antoine Buyse (Contact Author)

Utrecht University School of Law (the Netherlands) ( email )

Utrecht University School of Law (the Netherlands) ( email )

Netherlands Institute of Human Rights (SIM) ( email )

Achter sint Pieter 200
Utrecht, 3512 HT
Netherlands
+31.30.253.8510 (Phone)

HOME PAGE: http://https://www.uu.nl/staff/ACBuyse/0

Utrecht University - Faculty of Law ( email )

Achter sint Pieter 200
Utrecht, 3512 HT
Netherlands
+31.30.253.8510 (Phone)

HOME PAGE: http://https://www.uu.nl/staff/ACBuyse/0

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