Damages for Violations of Human Rights

Damages for Violations of Human Rights
Author: Ewa Bagińska
Publisher: Springer
Total Pages: 488
Release: 2015-10-20
Genre: Law
ISBN: 3319189506

This volume analyses the legal grounds, premises and extent of pecuniary compensation for violations of human rights in national legal systems. The scope of comparison includes liability regimes in general and in detail, the correlation between pecuniary remedies available under international law and under domestic law, and special (alternative) compensation systems. All sources of human rights violations are embraced, including historical injustices and systematical and gross violations. The book is a collection of nineteen contributions written by public international law, international human rights and private law experts, covering fifteen European jurisdictions (including Central and Eastern Europe), the United States, Israel and EU law. The contributions, initially prepared for the 19th International Congress of Comparative law in Vienna (2014), present the latest developments in legislation, scholarship and case-law concerning domestic causes of action in cases of human rights abuses. The book concludes with a comparative report which assesses the developments in tort law and public liability law, the role of the constitutionalisation of the right to damages as well as the court practice related to the process of enforcement of human rights through monetary remedies. This country-by-country comparison allows to consider whether the value of protection of human rights as expressed in international treaties, ius cogens and in national constitutional laws justifies the conclusion that the interests at stake should enjoy protection under the existing civil liability rules, or that a new cause of action, or even a whole new set of rules, should be created in national systems.

Damages and Human Rights

Damages and Human Rights
Author: Jason NE Varuhas
Publisher: Bloomsbury Publishing
Total Pages: 547
Release: 2016-05-19
Genre: Law
ISBN: 1782252819

Winner of the 2018 Inner Temple New Authors Book Prize and the 2016 SLS Peter Birks Prize for Outstanding Legal Scholarship. Damages and Human Rights is a major work on awards of damages for violations of human rights that will be of compelling interest to practitioners, judges and academics alike. Damages for breaches of human rights is emerging as an important and practically significant field of law, yet the rules and principles governing such awards and their theoretical foundations remain underexplored, while courts continue to struggle to articulate a coherent law of human rights damages. The book's focus is English law, but it draws heavily on comparative material from a range of common law jurisdictions, as well as the jurisprudence of international courts. The current law on when damages can be obtained and how they are assessed is set out in detail and analysed comprehensively. The theoretical foundations of human rights damages are examined with a view to enhancing our understanding of the remedy and resolving the currently troubled state of human rights damages jurisprudence. The book argues that in awarding damages in human rights cases the courts should adopt a vindicatory approach, modelled on those rules and principles applied in tort cases when basic rights are violated. Other approaches are considered in detail, including the current 'mirror' approach which ties the domestic approach to damages to the European Court of Human Rights' approach to monetary compensation; an interest-balancing approach where the damages are dependent on a judicial balancing of individual and public interests; and approaches drawn from the law of state liability in EU law and United States constitutional law. The analysis has important implications for our understanding of fundamental issues including the interrelationship between public law and private law, the theoretical and conceptual foundations of human rights law and the law of torts, the nature and functions of the damages remedy, the connection between rights and remedies, the intersection of domestic and international law, and the impact of damages liability on public funds and public administration. The book was the winner of the 2016 SLS Peter Birks Prize for Outstanding Legal Scholarship and the 2018 Inner Temple New Authors Book Prize.

The European Court of Human Rights

The European Court of Human Rights
Author: Helmut P. Aust
Publisher: Edward Elgar Publishing
Total Pages: 296
Release: 2021-04-30
Genre: Law
ISBN: 1839108347

This insightful book considers how the European Court of Human Rights (ECHR) is faced with numerous challenges which emanate from authoritarian and populist tendencies arising across its member states. It argues that it is now time to reassess how the ECHR responds to such challenges to the protection of human rights in the light of its historical origins.

Remedies in International Human Rights Law

Remedies in International Human Rights Law
Author: Dinah Shelton
Publisher: Oxford University Press, USA
Total Pages: 458
Release: 2000
Genre: Law
ISBN: 9780199243020

This treatment of the topic of remedies for human rights violations reviews the jurisprudence of international tribunals on these violations. It also provides a theoretical framework and a practical guide.

Remedies for Human Rights Violations

Remedies for Human Rights Violations
Author: Kent Roach
Publisher: Cambridge University Press
Total Pages: 633
Release: 2021-04-08
Genre: Law
ISBN: 1108417876

Justifies a two-track approach that includes individual and systemic remedies in both domestic and international human rights law.

Human Rights Damages

Human Rights Damages
Author: David Scorey
Publisher:
Total Pages:
Release: 2001
Genre: Convention for the Protection of Human Rights and Fundamental Freedoms
ISBN: 9780421741805

Accountability and Corporate Human Rights Violations in Tort and International Law

Accountability and Corporate Human Rights Violations in Tort and International Law
Author: Emmanuel K. Nartey
Publisher: Cambridge Scholars Publishing
Total Pages: 480
Release: 2021-10-04
Genre: Law
ISBN: 1527575756

This volume identifies a coherent legal principle in order to establish a novel duty of care for corporate human rights violations and environmental damages. It examines whether tort and civil law offer better accountability and remedies for victims of corporate human rights abuses, and carries out an in-depth and critical analysis of the concept of corporate accountability. Moreover, a fundamental part of this book is devoted to examining the extent to which international criminal law influences international human rights law in its use of tort law and civil law remedies. Finally, the book sets out a theoretical mechanism for duty of care, as well as a proposal for the establishment of a ‘Hybrid International Transnational Corporation Court’ that would have the potential to effectively interpret the concept of the corporate duty of care under tort law.

Damages for Violations of Human Rights Law in the United Kingdom

Damages for Violations of Human Rights Law in the United Kingdom
Author: Merris Amos
Publisher:
Total Pages: 29
Release: 2015
Genre:
ISBN:

In the United Kingdom (UK) damages violations of human rights law are available through the unique standalone mechanism provided by the Human Rights Act 1998 (HRA). The HRA has been designed to replicate at the national level the treatment a claimant would receive before the European Court of Human Rights (ECtHR). Courts contemplating an award of damages under the HRA must therefore consider the principles set out in the HRA itself, including other remedies granted and the consequences of the award, as well as the principles applied by the ECtHR. However, despite the numerous principles applied to the award of damages under the HRA, there remain very few reported cases where damages have been awarded. There is also very little academic discussion of this body of jurisprudence. It has been suggested that it would be more appropriate for a tort model for damages to be adopted, but it is not clear that this would constitute a more effective remedy. Real justice for victims could be better achieved were national courts to contemplate in more detail the rationale for damages awards in this context, and pay closer attention to developments at the ECtHR level.