The Caribbean Court of Justice (CCJ) was inaugurated in 2005. It is a regional court that serves Member States of the Caribbean Community (CARICOM), an international organization that promotes regional integration in the Caribbean. In this dissertation, I conduct a doctrinal examination and analysis of the human rights jurisprudence of the CCJ, to determine the nature and extent of the Court’s use of International Human Rights Laws and Norms (IHRLN) in its adjudication. Although my main focus is the Court’s human rights decision-making, I also conduct an analysis of some of its wider work, to the extent that this wider work, coupled with the Court’s human rights decision-making, builds an understanding of the Court’s definition of itself and explains the trajectories of the Court as a regional judicial institution. I conduct my doctrinal examination and analysis against the backdrop of three theoretical underpinnings, namely - human rights universalism; transformative justice; and Caribbean political economy and human rights cultural relativism. The goal is to understand how the CCJ, as a young regional Caribbean court, has navigated the region’s historical, socio-cultural, and political contexts, in its use of what are regarded as universalist human rights norms in the law, as it adjudicates domestic human rights and constitutional law issues. I also evaluate where the Court ends up when it navigates these issues, in order to determine impact, and to assess whether the Court’s outcomes can be rationalized or justified. The study demonstrates that this new court has adopted and adapted existing international human rights norms and ideas, notwithstanding some socio-cultural and political challenges in the Caribbean to some of these norms and ideas.
My major finding is that the CCJ is inclined towards a strongly universalistic perception and application of IHRLN, and relies quite heavily on these laws and norms to guide its human rights and constitutional law adjudication, although it does this sometimes in a way that indigenizes the application of these IHRLN. In some of the Court’s human rights-related decisions, it has also acted in quite transformative ways, sometimes arriving at outcomes that challenge some Caribbean’s socio-cultural and political norms or expectations, particularly on subjects such as LGBTQ+ rights, the death penalty, political corruption, and the strengthening of aspects of Caribbean Community Law. Through these transformative decisions, the CCJ has disturbed some of the expectations about the contours and boundaries of Caribbean constitutional law, and in places, has formulated new principles and doctrines which signal a clear yearning to use IHRLN to take Caribbean law to new frontiers. It does this without completely disregarding Caribbean socio-cultural and political realities, but by sometimes mediating them.
This approach by the Court demonstrates independence and reflects an absence of the suspicions of some IHRL norms and ideas that are oftentimes reflected in the political economy dynamics of the wider Caribbean region. It likewise does not signify an embrace of some of the more well-known cultural reticence and relativist attitudes to some aspects of international human rights norms found in some quarters of the Caribbean. Instead, the study reveals a more nuanced positioning by the Court, in its human rights jurisprudence. The result, this dissertation has found, is a Court that has (a) accomplished critical legal reform in important areas of the law, (b) empowered CARICOM citizens in a number of ways, and (c) strengthened respect for indigenous regional institutions in the wider politique of Caribbean regional identity and integration. The Court has accomplished these goals through calculated persuasion, rationality, and normative reasoning.
The contribution of this dissertation is three-fold. Firstly, it formulates and presents a rigorous analysis of how the CCJ operationalizes IHRLN in its work. This is done, drawing on the literature on human rights universalism, cultural relativism, and transformative justice, and against the backdrop of regional human rights reticences that I explore, and which are premised on certain perceptions of the hegemonic and neo-colonial tendencies and potential of some IHRLN. Secondly, the thesis offers an in-depth and critical assessment and evaluation of the CCJ’s impact on the human rights jurisprudence of the region as a whole. Finally, it offers an in-depth analysis of how the Court’s work has so far contributed to the development of Caribbean law.
| Identifer | oai:union.ndltd.org:uottawa.ca/oai:ruor.uottawa.ca:10393/43952 |
| Date | 24 August 2022 |
| Creators | Wells, Herbert |
| Contributors | MacDonnell, Vanessa |
| Publisher | Université d'Ottawa / University of Ottawa |
| Source Sets | Université d’Ottawa |
| Language | English |
| Detected Language | English |
| Type | Thesis |
| Format | application/pdf |
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