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10 - Conclusion

Published online by Cambridge University Press:  29 March 2021

Kent Roach
Affiliation:
University of Toronto
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Summary

This Chapter outlines four methodological and four substantive contributions of the book. By addressing the frequent neglect of remedies in human rights law, the book brings human rights closer to the reality of their frequent violation, especially for less advantaged people. It also examines the inter-relations and cross-fertilization of remedies in domestic and international law. It reveals remedies as a fruitful site for comparative law. This includes American remedial exceptionalism and differences between regional supra-national human rights courts. This Chapter highlights the book’s development of an overarching conceptual structure for remedies. Substantively, the book argues that familiar proportionality principles can improve remedial decision-making and make it more transparent. It also outlines similarities between South African engagement orders and the duty to consult Indigenous peoples. In both cases, engagement can result in consensual agreements, but also can limit rights. The two-track approach recognizes that remedies should compensate for past harms and prevent immediate irreparable harms, but also that they should prevent repetitive violations in the future. Individual remedies can recognize remedial failure and start another cycle of two-track individual and systemic remedies.

Type
Chapter
Information
Remedies for Human Rights Violations
A Two-Track Approach to Supra-national and National Law
, pp. 516 - 533
Publisher: Cambridge University Press
Print publication year: 2021

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  • Conclusion
  • Kent Roach, University of Toronto
  • Book: Remedies for Human Rights Violations
  • Online publication: 29 March 2021
  • Chapter DOI: https://doi.org/10.1017/9781108283618.011
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  • Conclusion
  • Kent Roach, University of Toronto
  • Book: Remedies for Human Rights Violations
  • Online publication: 29 March 2021
  • Chapter DOI: https://doi.org/10.1017/9781108283618.011
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.

  • Conclusion
  • Kent Roach, University of Toronto
  • Book: Remedies for Human Rights Violations
  • Online publication: 29 March 2021
  • Chapter DOI: https://doi.org/10.1017/9781108283618.011
Available formats
×