Non-pecuniary damages before the European Court of Human Rights
Forget the victim; it’s all about the state
Bibliographic Data
| ID | 12187743 |
|---|---|
| Authors | Veronika Fikfak (0000-0003-0036-558X, University of Copenhagen, corresponding author) |
| Year | 2020 |
| Volume | 33 |
| Issue | 2 |
| Pages | 335-369 |
| Publication date | 2020-03-30 |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Leiden Journal of International Law (JOURNAL) |
| Journal identifiers | ISSN: 0922-1565 • E-ISSN: 1478-9698 |
| Publisher | Cambridge University Press (CUP) (PUBLISHER) |
| DOI | 10.1017/s0922156520000035 |
| OpenAlex | W3014587675 |
| Language | EN |
| Citations received | 3 |
| References cited | 14 |
This article studies how the European Court of Human Rights (ECtHR, the Court) adjusts damages for human rights violations. The article empirically analyses 13 years of ECtHR’s case law in relation to Articles 2 (right to life), 3 (torture, inhuman and degrading treatment), and 5 (arbitrary detention) of the European Convention on Human Rights (ECHR, the Convention). The goal is to understand whether the statements made by the Court about the aims pursued through just satisfaction are confirmed in practice. Through an empirical quantitative study relating to non-pecuniary damages, the article analyses the practice of the Court in awarding non-pecuniary damages for human rights violations and compares it to the competing visions of the ECtHR’s function. In particular, I am interested in determining whether just satisfaction is aimed at redressing the suffering of the victim, her circumstances and vulnerability, or whether the focus is more on the respondent state, its conduct and its past human rights record. The answers to these questions will contribute to the debate whether the ECtHR’s role is one of delivering ‘individual justice’ or whether the Court is – as an international court enforcing an international treaty – focused on the ‘state’
Business · Damages · Human rights · Law and economics · Political science · Sociology · State (computer science · Computer Science · European and International Law Studies · European Criminal Justice and Data Protection · Law · Taxation and Legal Issues
Socializing States
Theory and Practice of the European Convention on Human Rights
Inadmissibility Decisions of the European Court of Human Rights
Redesigning the European Court of Human Rights
The Case for Corporal Punishment in the United Kingdom. Beaten Into Submission in Europe
A Tort‐Based Approach to Damages under the Human Rights Act 1998
Forsaking Individual Justice
Human Dignity and Judicial Interpretation of Human Rights
| Citations per year | 1.5 |
|---|---|
| Citation span | 2024 - 2025 (2) |
| Highly cited | No |