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Evidence in International Human Rights Adjudication (DISSECT)

Evidence is at the heart of adjudication, and adjudication at the heart of the international protection of human rights. Yet evidence in international human rights (IHR) adjudication has never been comprehensively studied. Benefiting from the support of highest-level figures in the relevant institutions, DISSECT is a ground-breaking research programme which will capture the evidentiary regimes in place in the worldU+2019 three regional human rights courts and in UN human rights quasijudicial bodies.

First, DISSECT will examine from a purely legal perspective the formal and informal rules and practices (U+2018egimeU+2019 which govern the treatment of evidence in IHR adjudication - burden and standard of proof and evidence admissibility, collection, submission, assessment and scope. It will do so across institutions, types of complaints and time. Second, it will examine the political underpinnings and uses of the IHR evidentiary regime, including dismissals of politically sensitive complaints on the pretext that they are not sufficiently evidenced by the victim. Third, it will identify U+2018estU+2019and U+2018orstU+2019practices and generate specific recommendations for use in IHR adjudication. Fourth, it will develop new insights on evidence, truth and power and thus create a new strand in Critical Legal Studies.

These ambitious aims will be achieved by harnessing not only legal doctrinal methods of research but also, and crucially, the PIU+2019 rare double training as a lawyer and an anthropologist. This will allow the IHR evidentiary regime to be studied as a social phenomenon (rather than merely U+2018in contextU+2019.

DISSECT is urgently needed by victims of human rights abuse who seek international redress without knowing exactly what evidence is required of them, as well as by IHR adjudicatory bodies at risk of losing their legitimacy if they cannot demonstrate that they are acting logically, consistently and fairly. Current concerns over U+2018ruth decayU+2019make it particularly timely

Date:1 Oct 2020 →  Today
Keywords:Human Rights, evidence
Disciplines:Human rights law, Legal theory, jurisprudence and legal interpretation, Ethnicity and migration studies, Comparative law