Skip to main content Accessibility help
×
Hostname: page-component-586b7cd67f-g8jcs Total loading time: 0 Render date: 2024-11-26T15:51:10.785Z Has data issue: false hasContentIssue false

7 - Declarations, Injunctions and the Declaration Plus

Published online by Cambridge University Press:  29 March 2021

Kent Roach
Affiliation:
University of Toronto
Get access

Summary

This chapter examines declarations and injunctions in complex cases involving institutions that violate human rights. Part I examines American and Indian public law litigation suggesting that in many cases, courts focus only on systemic remedies whereas supra-national regional human rights courts often combine both individual and systemic remedies. Part II argues that courts can deal with complex cases in a manner consistent with the separation of powers if they provide individual remedies while being more cautious and dialogic with respect to systemic remedies. Negotiation, mediation and broad public participation can help resolve the complexities of polycentric issues. Part III argues that a new remedy called the “declaration plus” allows courts to avoid premature use of detailed injunctions enforceable through contempt while still retaining jurisdiction. A few Canadian cases and supra-national courts follow the declaration plus model. Part IV argues that the two-track approach allows courts to achieve some remedial success by ordering individual remedies while still retaining jurisdiction and engaging in the difficult project of systemic reform. Domestic courts should be more willing to retain jurisdiction, order individual remedies and re-evaluate their approach when systemic reforms fail to prevent violations.

Type
Chapter
Information
Remedies for Human Rights Violations
A Two-Track Approach to Supra-national and National Law
, pp. 352 - 407
Publisher: Cambridge University Press
Print publication year: 2021

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

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 Dropbox.

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.

Available formats
×