Description

The article brings forward an analytical approach aiming to address the necessity and feasibility of establishing a regional human rights court for South Asia. Regionalism is a well-established concept in international human rights law.It has to some extent resolved the debate of universalism vs. cultural relativism and remarkably contributed to the protection and promotion of human rights. While regional courts have been functioning in different regions of the world including Africa, Europe and the Americas; South Asia, being a significant region with a notable population has never had a regional human rights court. Furthermore, compared to other regional bodies like ASEAN, the South Asian Association for Regional Cooperation (SAARC) has failed grossly to protect human rights in the South Asian region. Based on doctrinal research, the article sets out to answer two fundamental questions.Firstly, why such a regional human rights court is a necessary solution to the human rights violation in South Asia.Secondly, how such a court may be established despite having multiple barriers and the inauspicious geopolitical reality of South Asia. The first part of the paper weighs the efficacy of a regional human rights court while critically analyzing the concept of regionalism. The second part determines the feasibility of such a court focusing on the challenges, especially regarding the scope of jurisdiction considering the problem of law and hierarchy. Before concluding with a comprehensive picture of the probable regional human rights court of South Asia, the article also briefly ponders whether an environmental justice-oriented regional court may be the best solution for South Asia.

Keywords: SAARC, Human Rights, Regionalism, Regional Court.

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