García Escobar, Gabriela
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García Escobar, Gabriela
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García Escobar, Gabriela
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gabgarcía
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The Normative Value of Human Rights Treaty Bodies’ Interpretations at the International Court of Justice

2023 , García-Escobar, Gabriela

Although the International Court of Justice (ICJ) is not a human rights court, it has recently addressed human rights issues, which has prompted interaction with the opinions of human rights mechanisms. This article will analyze the normative value of human rights treaty monitoring bodies’ interpretations recognized by the ICJ in three cases of its jurisprudence: the Wall Advisory Opinion, the case of Ahmadou Sadio Diallo, and the case of Qatar v. the United Arab Emirates. This analysis indicates that the ICJ has ascribed great normative weight to these interpretations, but it has been reluctant to adopt their views without conducting its own interpretative assessment of the norms. In its most recent case, the ICJ took an approach that completely departs from the interpretation adopted by the relevant treaty body. This article argues that such a position must be considered in light of the growing criticism that treaty bodies are facing about the quality of their reasonings and command of general international law. Accordingly, treaty bodies could enhance their legitimacy by learning from the ICJ’s approach to treaty interpretation, and in addition, could take advantage of the positive aspects of their non-binding character to develop meta-juridical discussions.

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Plurality as the core of human rights universality: Rediscovering the spirit of the Universal Declaration of Human Rights of 1948 through the right to self-determination

2024-02-27 , García-Escobar, Gabriela

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Norms versus Interpretations: Human Rights Universality Revisited

2023 , García-Escobar, Gabriela

Abstract Debates on human rights universality frame universality according to an anthropological view called Western universalism and consider that “cultural relativism” is equivalent to any other framework. Thus, the discussion on this topic has been reduced to who is the rights-holder and the concept of human rights itself. There is a third approach to universality that must be addressed: the universality of interpretations. Most critics of human rights universality do not contest internationally agreed human rights norms (as established in treaties). Rather, they react against interpretations or standards as have been developed by human rights mechanisms. Accordingly, this paper explores three positions that have been developed around this notion: flexible Westerns, dialogical perspectives, and bottom-up approaches.

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Human Rights Pluralistic Universality: A Bridge Between Global Norms and Cultural Diversity

2023 , García-Escobar, Gabriela

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Publication

The Normative Value of Human Rights Treaty Bodies’ Interpretations at the International Court of Justice

2023 , García-Escobar, Gabriela

Although the International Court of Justice (ICJ) is not a human rights court, it has recently addressed human rights issues, which has prompted interaction with the opinions of human rights mechanisms. This article will analyze the normative value of human rights treaty monitoring bodies’ interpretations recognized by the ICJ in three cases of its jurisprudence: the Wall Advisory Opinion, the case of Ahmadou Sadio Diallo, and the case of Qatar v. the United Arab Emirates. This analysis indicates that the ICJ has ascribed great normative weight to these interpretations, but it has been reluctant to adopt their views without conducting its own interpretative assessment of the norms. In its most recent case, the ICJ took an approach that completely departs from the interpretation adopted by the relevant treaty body. This article argues that such a position must be considered in light of the growing criticism that treaty bodies are facing about the quality of their reasonings and command of general international law. Accordingly, treaty bodies could enhance their legitimacy by learning from the ICJ’s approach to treaty interpretation, and in addition, could take advantage of the positive aspects of their non-binding character to develop meta-juridical discussions.

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Claves para la resolución del caso “Beatriz”: el estatus jurídico del aborto y la protección del no nacido

2024 , García-Escobar, Gabriela , José Gilberto Solís Jiménez

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