Damages In Wrongful Death Cases In The Light Of European Human Rights Law
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Damages In Wrongful Death Cases In The Light Of European Human Rights Law
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Author : Rianka Rijnhout
language : en
Publisher:
Release Date : 2014
Damages In Wrongful Death Cases In The Light Of European Human Rights Law written by Rianka Rijnhout and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with categories.
European human rights law is superior to the national laws of damages. The case law of the European Court of Human Rights now provides a sufficient reason for national lawmakers to rethink their concept of non-pecuniary damage. The fact remains that the ECtHR in its case law finds a breach of a fundamental right and remedies that breach, whereas the national law of damages affords the possibility of awarding compensation for non-pecuniary loss if the aggrieved party is injured. A conflict results: on the European level a rights-based approach is applied, and on the national level a damage/injury-based approach prevails. In this article we advocate a change in the national law of damages in order to ensure that the law of damages remains durable and consistent when confronted with judgments of the ECtHR: we advocate accepting and incorporating a rights-based approach.The clash between European human rights law and the national law of damages is clearly expressed in the different approaches regarding bereavement damage. Under Dutch law a proposal aimed at introducing a legal basis for compensation for this type of loss was rejected a few years ago, whereas the ECtHR, starting from its rights-based approach, has found that compensation for non-pecuniary loss should be available as part of the range of redress mechanisms when a government body has infringed a family member's right to life. An specific argument in the Dutch discussion, i.e. the moral aversion towards compensating and determining grief and suffering, can be overcome by not making a link with grief and suffering but instead taking one's legal position as a starting point, e.g. the breach of the right to life. A rights-based approach not only supports the idea that any rights infringed should be remedied, but also implies a moral dismissal.
The European Court Of Human Rights
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Author : Helmut P. Aust
language : en
Publisher: Edward Elgar Publishing
Release Date : 2021-04-30
The European Court Of Human Rights written by Helmut P. Aust and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-04-30 with Law categories.
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.
Damages For Violations Of Human Rights
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Author : Ewa Bagińska
language : en
Publisher: Springer
Release Date : 2015-10-20
Damages For Violations Of Human Rights written by Ewa Bagińska and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-10-20 with Law categories.
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.
Just Satisfaction Under The European Convention On Human Rights
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Author : Octavian Ichim
language : en
Publisher: Cambridge University Press
Release Date : 2015
Just Satisfaction Under The European Convention On Human Rights written by Octavian Ichim and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Law categories.
The most comprehensive account on the question of reparation before a human rights court.
Effective Domestic Remedies And The European Court Of Human Rights
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Author : Michael Reiertsen
language : en
Publisher: Cambridge University Press
Release Date : 2022-08-25
Effective Domestic Remedies And The European Court Of Human Rights written by Michael Reiertsen and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-08-25 with Political Science categories.
In Malone v. UK (Plenary 1984), the right to an effective domestic remedy in the European Convention on Human Rights Article 13 was famously described as one of the most obscure clauses in the Convention. Since then, the European Court of Human Rights has reinforced the scope and application of the right. Through an analysis of virtually all of the Court's judgments concerning Article 13, the book exhaustively accounts for the development and current scope and content of the right. The book also provides normative recommendations on how the Court could further develop the right, most notably how it could be a tool to regulate the relationship between domestic and international protection of human rights. In doing so, the book situates itself within larger debates on the enforcement of the entire Convention such as the principle of subsidiarity and the procedural turn in the Court's case law.
Human Rights In The Council Of Europe And The European Union
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Author : Steven Greer
language : en
Publisher: Cambridge University Press
Release Date : 2018-03-29
Human Rights In The Council Of Europe And The European Union written by Steven Greer and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-03-29 with Law categories.
Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms
Shaping Rights In The Echr
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Author : Eva Brems
language : en
Publisher: Cambridge University Press
Release Date : 2014-01-23
Shaping Rights In The Echr written by Eva Brems and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-01-23 with Political Science categories.
In fundamental rights adjudication, a court first has to determine whether the interest at stake falls within the scope of the fundamental right invoked. Whether or not an individual interest falls within the scope or ambit of one of the fundamental rights protected by the European Convention on Human Rights determines whether or not the European Court of Human Rights can decide on the merits of a case. This volume brings together a variety of legal scholars in order to examine the scope of fundamental rights. Topics range from the nature of human rights and the real or imagined risk of rights inflation to theories of positive obligations and social and economic rights. It contains contributions of a theoretical nature as well as analytical overviews of the ECtHR's approach. In addition, comparisons are made with domestic, EU and international law.
Remedies In International Human Rights Law
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Author : Dinah Shelton
language : en
Publisher: Oxford University Press, USA
Release Date : 2015
Remedies In International Human Rights Law written by Dinah Shelton and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Law categories.
Dinah Shelton provides a comprehensive treatment of remedies for human rights violations reviews the jurisprudence of international tribunals on these violations. The text provides a theoretical framework and a practical guide for lawyers, judges, and academics interested in human rights law.
Implementation Of The European Convention On Human Rights And Of The Judgments Of The Ecthr In National Case Law
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Author : Janneke Gerards
language : en
Publisher:
Release Date : 2014
Implementation Of The European Convention On Human Rights And Of The Judgments Of The Ecthr In National Case Law written by Janneke Gerards and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with Convention for the Protection of Human Rights and Fundamental Freedoms ǂd (1950 November 5) categories.
This book questions the correctness of these assumptions and aims for further study of them. This is done by disentangling and illuminating the different elements underlying the interrelationship between the Court and the national courts. The objective is to distinguish between the requirements set by the Court; the constitutional powers and competences of national courts to interpret and apply international law, in particular the Convention; the way in which these courts actually use these competences to deal with the Court's interpretative approaches; and the type of criticism that is levelled at the Court's case-law. These elements are studied from the perspective of the Court as well as from a national perspective, in particular for Belgium, France, Germany, the Netherlands, Sweden and the United Kingdom. Analysing these elements separately enables a fruitful assessment of their interrelationship and provides a sound basis for a constructive debate on the implementation of the Convention in national law, which is based on solid constitutional foundations rather than assumptions and intuitions. The current book is therefore of great interest to those who are interested in debates on the interrelationship between the Court and the states - scholars, as well as judges, policy makers and politicians - but also to those who take a more general interest in constitutional implementation mechanisms, judicial powers and judicial argumentation.
The Constitutional Relevance Of The Echr In Domestic And European Law
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Author : Giorgio Repetto
language : en
Publisher: Intersentia Uitgevers N V
Release Date : 2013
The Constitutional Relevance Of The Echr In Domestic And European Law written by Giorgio Repetto and has been published by Intersentia Uitgevers N V this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with Law categories.
In recent years, the European Convention on Human Rights (ECHR) gained unexpected relevance in the European constitutional culture. On the one hand, its increasing importance is closely linked to institutional reforms that strengthened the European Court of Human Rights' reputation vis-a-vis the Member States. On the other hand, and even more importantly, the ECHR's significance arises from a changing perception of its constitutional potential. Starting with the assumption that the ECHR is transforming the European constitutional landscape, this book shows that the European Convention raises unprecedented problems that involve, first of all, its own theoretical status as constitutional instrument that ensures the protection of human rights in Europe. Changing paradigms concerning its incorporation in domestic law, as well as the growing conflicts about the protection of some rights and liberties that are deeply rooted in national legal contexts (such as teaching of religion, bio law, and rights of political minorities), are jointly examined in order to offer a unified methodology for the study of European constitutional law centered upon human rights. For a detailed analysis of these issues, the book examines the different facets of the ECHR's constitutional relevance by separating the ECHR's role as a 'factor of Europeanization' for national constitutional systems (Part I) from its role as a veritable European transnational constitution in the field of human rights (Part II). Written for legal scholars focusing on the emerging trends of European and transnational constitutional law, the book investigates the basic tenets of the role of the ECHR as a cornerstone of European constitutionalism.