(Un)Reasoned Decisions and Trust in Human Rights Monitoring Bodies

Reasoned decisions by judicial bodies serve the main purpose of contributing to a more willing acceptance of the decision on their part. This need for reasoned decisions is all the more pressing when it comes to the rulings of human rights monitoring bodies, inasmuch as tasked with ascertaining violations of human rights perpetrated by States and, in case, ordering reparation in favor of the victim(s). The present contribution will focus on the legal reasoning of rulings adopted by some monitoring bodies (namely the European Court of Human Rights and the Human Rights Committee) with a view to testing their actual capability of boosting both applicants’ and States’ trust in the human rights systems at stake. The paper will zoom in on the current practice of the European Court’s Rules of Procedure, with refer to the double-standard mechanism. Conclusions will be provided with a view to identifying how to tackle shortcomings in these bodies’ approach to provide reasoned decisions.