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11 - Redress

Published online by Cambridge University Press:  11 August 2022

Michael Reiertsen
Affiliation:
Borgarting Court of Appeals, Norway
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Summary

Chapter 11 accounts for the redress required by Article 13. The chapter demonstrates that in early case law the Court mostly limited itself to a statement that redress had to be provided, without any further specification. However, increasingly, in some specific contexts, the Court has laid down the form and specific measures required. But the Court's reasoning is very case specific. This makes it hard to deduce general and principled starting-points which can be applied to new cases. For example, the Court has not in a general manner required that the remedy needs to be able to put an end to continuing violations, with possible proportional exceptions, or set out any principled starting-points as to when compensation and/or restitution is necessary. Further, the the case law concerning effective investigations is particularly unclear. Indeed, even though the Court requires effective investigations under Article 13, it is highly unclear how this requirement relates to similar requirements under substantive Articles and to what extent effective investigations is percieved as a form of redress, as such.

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Chapter
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Effective Domestic Remedies and the European Court of Human Rights
Applications of the European Convention on Human Rights Article 13
, pp. 176 - 241
Publisher: Cambridge University Press
Print publication year: 2022

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  • Redress
  • Michael Reiertsen
  • Book: Effective Domestic Remedies and the European Court of Human Rights
  • Online publication: 11 August 2022
  • Chapter DOI: https://doi.org/10.1017/9781009153539.014
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  • Redress
  • Michael Reiertsen
  • Book: Effective Domestic Remedies and the European Court of Human Rights
  • Online publication: 11 August 2022
  • Chapter DOI: https://doi.org/10.1017/9781009153539.014
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Redress
  • Michael Reiertsen
  • Book: Effective Domestic Remedies and the European Court of Human Rights
  • Online publication: 11 August 2022
  • Chapter DOI: https://doi.org/10.1017/9781009153539.014
Available formats
×