Reversing the burden of proof before human rights bodies
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摘要This article considers the allocation of the burden of proof before international human rights bodies, with attention to six different judicial and quasi-judicial bodies – the European Court of Human Rights, the Inter-American Court of Human Rights, the Inter-American Commission on Human Rights, the African Court on Human and Peoples’ Rights, the African Commission on Human and Peoples’ Rights, and the Human Rights Committee. In general, all of the bodies surveyed have adopted a flexible approach to evidence law questions. While a flexible approach has merits, it also has the potential to lead to inconsistencies, as well as to situations in which rights bodies fail to take fully into account the challenges claimants face in terms of accessing justice. In this context, this article argues for the adoption of a more consistent approach, based upon but further elaborated from the standards recognised by the bodies surveyed. In particular, the article highlights two situations in which the burden of proof should be reversed. First, the burden should be reversed in cases where there is differential access to information. Second, the burden should be reversed where a prima facie case can be linked to evidence of a systemic pattern of violations.
出版社接受日期30.11.2020
著者Christopher Roberts
期刊名稱International Journal of Human Rights
出版年份2021
國際標準期刊號1364-2987
語言英式英語
關鍵詞Access to information, burden of proof, evidence, human rights, international courts, tribunals, systemic violations

上次更新時間 2021-06-05 於 01:03