Feasibility Study on the Establishment of an Asian Court of Human Rights: Challenges, Necessities, and Practical Recommendations

Tangestani, Mohammad Ghasem; Heydariandolatabadi, Mohammadjavad

doi:10.22034/jrpl.2025.721647

Feasibility Study on the Establishment of an Asian Court of Human Rights: Challenges, Necessities, and Practical Recommendations

Document Type : Original Article

Authors

Mohammad Ghasem Tangestani ¹

Mohammadjavad Heydariandolatabadi ²

¹ Associate Professor, Department of International Law, Faculty of Law and Political Science, Kharazmi University, Tehran, Iran

² PhD Student, Department of International Law, Faculty of Law and Political Science, Kharazmi University, Tehran, Iran

10.22034/jrpl.2025.721647

Abstract

The proposal to establish an Asian Court of Human Rights represents a significant step toward strengthening the human rights system across the diverse and expansive Asian continent. Although regional human rights courts exist in Europe, Africa, and the Americas, Asia still lacks a similar institution. This absence creates both opportunities and challenges in addressing human rights violations in the region. This study presets both unique analytical and comparative approach to explore the necessity, benefits, and obstacles of creating such a court. By drawing lessons from other regions, the article presents practical recommendations for overcoming key challenges, including cultural, political, and legal diversity, lack of governmental consensus, and concerns over national sovereignty. Despite these complexities, the urgent need for a regional human rights protection system highlights the importance of this initiative. The study concludes by emphasizing the vital role of regional cooperation and shared commitment to universal human rights values, offering strategic proposals for making the Asian Court of Human Rights a reality.

Keywords

Asian Court

Human Rights Protection

Regional Justice Systems

International Law

Regional Cooperation

Legal Diversity in Asia

Subjects