Regional human rights systems and comparative human rights law

The members of the Maastricht Centre for Human Rights share a strong interest in comparative research and the examination of human rights issues arising in domestic, regional and international legal systems. This interest is reflected in the Centre’s research, which explores the intersections between jurisprudential developments emerging from various national and supranational courts as well as bodies involved in interpreting and implementing human rights norms. 

Researchers in the Centre examine the case law of regional human rights courts, including the European Court of Human Rights and the Inter-American Court of Human Rights, as well as the work of United Nations (UN) treaty bodies, such as the Human Rights Committee, the Committee on the Elimination of Discrimination against Women and the Committee on the Rights of Persons with Disabilities. In doing so, they look for instances of convergence and divergence in the jurisprudence of regional and UN human rights bodies, with the aim of identifying opportunities and challenges posed by fragmentation within the international human rights system.

Some of our researchers also scrutinize the role of other types of regional and international courts, such as the Court of Justice of the European Union, the International Court of Justice and the International Criminal Court, in addressing human rights issues. While these courts have mandates that go beyond human rights, their influence on the development of international human rights law is assessed. Likewise, the Centre’s research also investigates the contributions of domestic case law to the interpretation of human rights norms and their potential for inspiring changes in how supranational courts construe and balance societal and human rights interests.

The comparative legal approach adopted by some of the Centre’s researchers builds on the acknowledgement that different jurisdictions may offer diverse interpretations of human rights. As such, the Centre's research oscillates between universalism and regionalism. For instance, research on non-discrimination and socio-economic rights may demonstrate that certain bodies operating in specific fields, or in institutional, social, political or regional contexts, may take a different approach to the intersection of different forms of discrimination as well as their effects on vulnerable and marginalized communities. By exploring how human rights laws and policies differ across different legal frameworks, the Centre seeks to develop a deeper understanding of the nuances and complexities of human rights law and emerging concepts.