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Thursday, July 1, 2021
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Nature of the Case

The case addresses whether case Views (decisions) issued by United Nations (UN) treaty bodies concluding the State failed to protect fundamental rights outlined in state-ratified international treaties, in this case the United Nation Committee Against the Discrimination of Women (CEDAW Committee), can be enforced via domestic judicial procedures. The plaintiff alleges, and the Tribunal Supremo ultimately holds, that UN Committee Views on cases are enforceable in a domestic court.

Enforcement of the Decision and Outcomes

In its later 2020 Banesto decision, the Supreme Tribunal of Spain drew a distinction between the legal character of European Court of Human Rights decisions in comparison to those of United Nations human rights treaty bodies, stating that only the former could be a basis for revision of earlier domestic judicial rulings.

Significance of the Case

This case establishes a precedent for the enforceability of UN treaty body Views in domestic court. Once an international human rights treaty is ratified by the state, there should be a mechanism within the states for its enforcement.

Ruling