Damages for Violations of Human Rights
Damages for Violations of Human Rights

Author: Ewa Bagińska

Publisher: Springer

Published: 2015-10-20

Total Pages: 488

ISBN-13: 3319189506

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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 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:

Published: 2015

Total Pages: 29

ISBN-13:

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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.

The European Court of Human Rights
The European Court of Human Rights

Author: Helmut P. Aust

Publisher: Edward Elgar Publishing

Published: 2021-04-30

Total Pages: 296

ISBN-13: 1839108347

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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

Published: 2000

Total Pages: 458

ISBN-13: 9780199243020

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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.

Human Rights Law
Human Rights Law

Author: Merris Amos

Publisher: Bloomsbury Publishing

Published: 2021-07-15

Total Pages: 832

ISBN-13: 150993331X

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This textbook comprehensively examines and analyses the interpretation and application of the United Kingdom's Human Rights Act 1998. The third edition has been fully updated to include the last seven years of case law. Part I covers key procedural issues including: the background to the Act; the relationship between UK courts and the European Court of Human Rights; the definition of victim and public authority; determining incompatibility including deference and proportionality; the impact of the Act on primary legislation; and damages and other remedies for the violation of Convention rights. In Part II of the book, the Convention rights, as interpreted and applied by United Kingdom courts, are examined in detail. All of the key Convention rights are discussed including: the right to life; freedom from torture and inhuman or degrading treatment or punishment; the right to liberty; fair trial; the rights to private life, family life and home; freedom of religion and belief; freedom of expression; the right to peaceful enjoyment of possessions; and the right to freedom from discrimination in the enjoyment of Convention rights. The third edition of Human Rights Law will be invaluable for those teaching, studying and practising in the areas of United Kingdom human rights law, constitutional law and administrative law.

Damages Under the Human Rights Act 1998
Damages Under the Human Rights Act 1998

Author: Great Britain. Law Commission

Publisher:

Published: 2000

Total Pages: 182

ISBN-13: 9780101485326

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The Human Rights Act 1998 provides United Kingdom citizens with important protection for certain of their rights under the European Convention of Human Rights. The Act gives a new claim against public authorities where the public authority has acted in a way which is incompatible with one or more of those rights. The claim may be brought by a victim of the public authority's actions, and the remedies may include damages in compensation for the violation of the Convention rights. The Human Rights Act provides that before a court may award damages it must be satisfied that the award is necessary to afford just satisfaction to the person in whose favour it is made. The Act also provides that courts in the United Kingdom must take into account the principles applied by the European Court of Human Rights in Strasbourg when deciding whether to award compensation for a violation of the Convention, and the amount of any award. This report contains an article by article description of the case law, and an analysis of the practice, of the Strasbourg Court in relation to the award of compensation. The report also considers the implications for the award of damages by courts in the United Kingdom in relation to a claim brought under the Human Rights Act 1998. It is stated that the Act will not require major changes to the law on damages.

Human Rights Obligations of Business
Human Rights Obligations of Business

Author: Surya Deva

Publisher: Cambridge University Press

Published: 2013-11-21

Total Pages: 451

ISBN-13: 1107036879

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This book critically evaluates the Ruggie Framework and the Guiding Principles on Business and Human Rights, and investigates the normative foundations as well as the nature, extent and enforcement of corporate obligations for the realisation of human rights.

Remedies for Human Rights Violations
Remedies for Human Rights Violations

Author: Kent Roach

Publisher: Cambridge University Press

Published: 2021-04-08

Total Pages: 633

ISBN-13: 1108417876

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

Civil Remedies and Human Rights in Flux
Civil Remedies and Human Rights in Flux

Author: Ekaterina Aristova

Publisher: Bloomsbury Publishing

Published: 2022-02-24

Total Pages: 400

ISBN-13: 1509947612

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What private law avenues are open to victims of human rights violations? This innovative new collection explores this question across sixteen jurisdictions in the Global South and Global North. It examines existing mechanisms in domestic law for bringing civil claims in relation to the involvement of states, corporations and individuals in specific categories of human rights violation: (i) assault or unlawful arrest and detention of persons; (ii) environmental harm; and (iii) harmful or unfair labour conditions. Taking a truly global perspective, it assesses the question in jurisdictions as diverse as Kenya, Switzerland, the US and the Philippines. A much needed and important new statement on how to respond to human rights violations.