Book contents
- Effective Domestic Remedies and the European Court of Human Rights
- Effective Domestic Remedies and the European Court of Human Rights
- Copyright page
- Contents
- Figures
- Preface
- Acknowledgments
- Citations of Case Law
- Abbreviations
- 1 Setting the Scene
- 2 Analysis and Selection of Case Law
- 3 The Requirement of Effectiveness in Abstract
- 4 Historical and Statistical Overview
- 5 Relationship with the Rule on Exhaustion of Domestic Remedies
- 6 Scope of Application
- 7 The Arguability Test
- 8 A Relative Standard
- 9 General Requirements and Principles
- 10 Access to Justice
- 11 Redress
- 12 A Normative and Contextual Reading
- 13 Conclusions and Recommendations
- Bibliography
- Index
3 - The Requirement of Effectiveness in Abstract
Published online by Cambridge University Press: 11 August 2022
- Effective Domestic Remedies and the European Court of Human Rights
- Effective Domestic Remedies and the European Court of Human Rights
- Copyright page
- Contents
- Figures
- Preface
- Acknowledgments
- Citations of Case Law
- Abbreviations
- 1 Setting the Scene
- 2 Analysis and Selection of Case Law
- 3 The Requirement of Effectiveness in Abstract
- 4 Historical and Statistical Overview
- 5 Relationship with the Rule on Exhaustion of Domestic Remedies
- 6 Scope of Application
- 7 The Arguability Test
- 8 A Relative Standard
- 9 General Requirements and Principles
- 10 Access to Justice
- 11 Redress
- 12 A Normative and Contextual Reading
- 13 Conclusions and Recommendations
- Bibliography
- Index
Summary
Chapter 3 explains how any evaluation of effectiveness requires the measurement of goal realization. In order to understand what an effective remedy is and could be, it is thus necessary to know the purposes the effective remedy is to serve. The chapter proceeds by explaining how remedies may have different purposes which are connected to different functions in different manners. Further, even though the Court's case law reveals that Article 13 advocates a specific form of access to justice and that the primary purpose of the required redress is to correct individual justice, it remains uncertain to what extent Article 13, also, promotes other functions and purposes, for example, to what extent the access to justice required by Article 13 has independent procedural value apart from being a prerequisite for achieving redress, to what extent Article 13 must promote general and/or individual deterrence, and to what extent Article 13 has a function of promoting and regulating the relationship between the domestic and international levels by promoting, for example, subsidiarity and the rule of law.
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- Effective Domestic Remedies and the European Court of Human RightsApplications of the European Convention on Human Rights Article 13, pp. 28 - 44Publisher: Cambridge University PressPrint publication year: 2022