Monitoring, cajoling and promoting dialogue: what role for supranational human rights bodies in the implementation of individual decisions?

Leach, Philip ORCID: https://orcid.org/0000-0002-6067-8986, Murray, Rachel and Sandoval, Clara (2020) Monitoring, cajoling and promoting dialogue: what role for supranational human rights bodies in the implementation of individual decisions? Journal of Human Rights Practice, 12 (1) . pp. 71-100. ISSN 1757-9619 [Article] (doi:10.1093/jhuman/huaa009)

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Abstract

This article analyses the role of supranational human rights bodies in the implementation of their orders and recommendations in individual cases. It elicits the means, roles and impact of supranational mechanisms in triggering implementation processes by looking at the practice of UN treaty bodies and the three regional systems, through the in-depth study of specific cases and semi-structured interviews with relevant stakeholders. The article argues that supranational bodies are doing more than monitoring implementation of orders and recommendations in individual cases despite the scarcity of resources. They use different tools, both persuasive and coercive. Dialogue is central to their work, a dialogue that at times is opened to other actors such as civil society organizations, national human rights institutions and others. However, supranational bodies could do more to enhance the role they have promoting implementation by states of their orders and recommendations.

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