Normative pathways between UN human rights treaty monitoring bodies and domestic courts

The paper inquires into legal entanglements through the analysis of normative pathways that guide the deliberative space involving UN human rights treaty monitoring bodies and domestic courts. The paper examines one such pathway, namely that States parties ought to give due consideration to the findings of UN bodies. The legal basis of such a duty to consider remains contested, and the duty to consider is precarious inasmuch as its effectiveness depends on how precisely consideration is given by judges in a particular case. Nevertheless, the duty to consider—and its normative variations—occasionally appears in the reasoning of domestic courts whose narrative is entangled with treaty interpretation by UN human rights monitoring bodies. While the duty to consider may not be a robust normative path, it arguably paves the way for a forward-looking deliberative space by creating the opportunities for learning and self-reflection for both the monitoring bodies and domestic courts.