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Remedies for human rights violations : a two-track approach to supra-national and national law / Kent Roach, University of Toronto.

By: Material type: TextSeries: Cambridge studies in constitutional lawPublication details: Cambridge, United Kingdom ; New York, NY : Cambridge University Press, 2021.Description: l, 581 pages ; 24 cmISBN:
  • 9781108417877
  • 1108417876
  • 9781108405973
  • 1108405975
Subject(s): Additional physical formats: Online version:: Remedies for human rights violationsLOC classification:
  • K3240 .R62 2021
Contents:
The importance and complexity of remedies -- A two-track approach to individual and systemic remedies -- Interim remedies -- Remedies for laws that violate human rights -- Damages -- Remedies in the criminal process -- Declarations, injunctions and the declaration plus -- Remedies for social, economic and cultural right -- Remedies for violations of indigenous rights -- Conclusion.
Summary: "An innovative book that provides fresh insights into the neglected field of remedies in both international and domestic human rights law. Providing an overarching two-track theory, it combines remedies to compensate and prevent irreparable harm to litigants with a more dialogic approach to systemic remedies. It breaks new ground by demonstrating how proportionality principles can improve remedial decision-making and avoid reliance on either strong discretion or inflexible rules. It draws on the latest jurisprudence from 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. Separate chapters are devoted 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"--
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Books African Court on Human and Peoples' Rights Library K3240 .R62 2021 (Browse shelf(Opens below)) Available 10190317

Includes bibliographical references (pages 534-560) and index.

The importance and complexity of remedies -- A two-track approach to individual and systemic remedies -- Interim remedies -- Remedies for laws that violate human rights -- Damages -- Remedies in the criminal process -- Declarations, injunctions and the declaration plus -- Remedies for social, economic and cultural right -- Remedies for violations of indigenous rights -- Conclusion.

"An innovative book that provides fresh insights into the neglected field of remedies in both international and domestic human rights law. Providing an overarching two-track theory, it combines remedies to compensate and prevent irreparable harm to litigants with a more dialogic approach to systemic remedies. It breaks new ground by demonstrating how proportionality principles can improve remedial decision-making and avoid reliance on either strong discretion or inflexible rules. It draws on the latest jurisprudence from 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. Separate chapters are devoted 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"--

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