Remedies for Human Rights Violations: A Two-Track Approach to Supra-national and National Law

A new book explores remedies in international and domestic human rights law, combining compensation and prevention strategies with a dialogic approach to systemic remedies. It demonstrates how proportionality principles can improve decision-making and avoid discretion or inflexible rules, drawing on jurisprudence from various courts.

\n Format: Paperback / softback
\n Length: 450 pages
\n Publication date: 08 April 2021
\n Publisher: Cambridge University Press
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This groundbreaking book delves into the often overlooked realm of remedies in international and domestic human rights law, offering a novel and comprehensive approach. It presents a two-track theory that seamlessly combines compensation and preventive measures to safeguard the rights of litigants. By incorporating a more interactive approach to systemic remedies, the book pioneers a fresh perspective. It breaks new ground by demonstrating how proportionality principles can enhance remedial decision-making, avoiding the pitfalls of excessive discretion or rigid rules. Drawing from the latest jurisprudence from esteemed courts such as the European and Inter-American Courts of Human Rights and domestic courts in Australia, Canada, India, New Zealand, Hong Kong, South Africa, the United Kingdom, and the United States, the book is a treasure trove of insights. Separate chapters are dedicated to interim remedies, remedies for laws that violate human rights, damages, remedies in the criminal process, declarations and injunctions in institutional cases, remedies for violations of social and economic rights, and remedies for violations of Indigenous rights. This comprehensive exploration of remedies is a vital resource for legal professionals, scholars, and activists alike, as it sheds light on the mechanisms for seeking justice and promoting human rights in a world where these values are increasingly at risk.

\n Weight: 904g\n
Dimension: 154 x 231 x 40 (mm)\n
ISBN-13: 9781108405973\n \n