Are Declaratory Orders Appropriate for Continuing Human Rights Violations? The Case of Khadr v Canada
Bibliographic Data
| ID | 6069486 |
|---|---|
| Authors | Lorna McGregor (Redress, corresponding author) |
| Year | 2010 |
| Volume | 10 |
| Issue | 3 |
| Pages | 487-503 |
| Publication date | 2010-09-01 |
| Peer Reviewed | Yes |
| Open Access | No |
| Type | ARTICLE |
| Venue | Human Rights Law Review (JOURNAL) |
| Journal identifiers | ISSN: 1461-7781 • E-ISSN: 1744-1021 |
| Publisher | Oxford University Press (PUBLISHER • GB) |
| DOI | 10.1093/hrlr/ngq026 |
| OpenAlex | W2105405912 |
| Language | EN |
| Citations received | 2 |
Declaratory judgments are typically sought as a means of preventing a dispute by removing ‘legal uncertainty’ as to the applicable law and the rights and obligations of the parties.1 Preventative in nature, Shelton notes that ‘declaratory relief is not considered an adequate remedy after the injury has taken place’.2 At the same time, in human rights cases, a declaration that an individual’s rights have been violated often provides a form of acknowledgement by a neutral court of law and is therefore important, but not necessarily sufficient, from a reparative perspective.3 For example, the European Court of Human Rights (‘European Court’) often refers to ‘the public vindication of the wrong suffered by the applicant, in a judgment binding on the Contracting State [as] a powerful form of redress in itself’.4 As a general rule, the European Court prefers the issuance of declaratory judgments over specific performance,...
Acknowledgement · Declaration · Human rights · Jurisdiction · Political science · Redress · Criminal Law and Evidence · Law · Legal principles and applications · Legal Systems and Judicial Processes
| Unique citing works | 2 |
|---|---|
| Citations per year | 0,17 |
| Citation span | 2014 - 2018 (5) |
| Citation velocity | historical |
| Highly cited | No |
| Citation types | Neutral: 2 |