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Vol 21 No 11 Nov/Dec 2016

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Damages for Violations of Human Rights: A Comparative Study of Domestic Legal Systems


ISBN13: 9783319189499
Published: October 2015
Publisher: Springer-Verlag
Country of Publication: Switzerland
Format: Hardback
Price: £117.00



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This volume analyses the legal grounds, premises and extent of pecuniary compensation for violations of human rights in national legal systems. The scope of comparison includes liability regimes in general and in detail, the correlation between pecuniary remedies available under international law and under domestic law and special (alternative) compensation systems. All sources of human rights violations are embraced, including historical injustices and systematical and gross violations.

The book is a collection of nineteen contributions written by public international law, international human rights and private law experts, covering fifteen European jurisdictions (including Central and Eastern countries), the United States, Israel and EU law. The contributions, initially prepared for the 19th International Congress of Comparative law in Vienna (2014), present the latest developments in legislation, scholarship and case-law concerning domestic causes of action in cases of human right abuses.

The book concludes with a comparative report which assesses the developments in tort law and public liability law, the role of the constitutionalisation of the right to damages as well as the court practice related to the process of enforcement of human rights through monetary remedies. This country-by-country comparison allows to consider whether the value of protection of human rights as expressed in international treaties, ius cogens and in national constitutional laws justifies the conclusion that the interests at stake should enjoy protection under the existing civil liability rules or that a new cause of action or even a whole new set of rules, should be created in national systems.

Subjects:
Human Rights and Civil Liberties, Remedies and Damages, Other Jurisdictions
Contents:
Table of contents
List of Contributors
Preface
Chapter 1. Introduction
Ewa Baginska
Chapter 2. Damages for violation of human rights in Croatia
Sasa Niksic
Chapter 3. Damages for the infringement of human rights - the Czech republic
Veronika Bilkova, Pavel Sturma
Chapter 4. Compensation for Human Rights Violations in Estonia
Ene Andresen
Chapter 5. Les dommages-interets pour violation des droits de l'homme en France
Xavier Philippe
Chapter 6. Damages for the infringement of human rights in Germany
Andreas Von Arnauld
Chapter 7. Damages for the infringement of human rights by the public authority in Greece
Ioannis Stribis
Chapter 8. Damages as Compensation for Human Rights Violations in Ireland
Noelle Higgins
Chapter 9. Litigating human rights violations through tort law - Israeli law perspective
Iris Canor, Haya Zandberg, Tamar Gidron
Chapter 10. Looking back in anger and forward in trust: the complicate patchwork of the damages regime for infringements of rights in Italy
Graziella Romeo
Chapter 11. Damages for Fundamental Rights Infringements: Dutch Perspectives
Jessy Emaus
Chapter 12. Damages for the infringements of human rights under Norwegian law
Bjarte Thorson
Chapter 13. Polish domestic remedies against human rights violations and their interaction with 'just satisfaction' awarded by the European Court of Human Rights
Michal Balcerzak
Chapter 14. Damages for violations of human rights - the Portuguese legal system
Maria Jose Rangel De Mesquita
Chapter 15. Monetary compensation for violation of human rights and fundamental freedoms in Slovenia
Samo Bardutzky
Chapter 16. Special compensation regimes for violations of human rights in Turkish law: a fast track remedy or no remedy at all?
Zeynep Oya Usal Kanzler
Chapter 17. Damages for violations of human rights law in the United Kingdom
Merris Amos
Chapter 18. Damage remedies for infringements of human rights under U.S. law
Jacques deLisle
Chapter 19. Action for damages in the case of infringement of the fundamental rights by the European Union
Nina Poltorak
Chapter 20. Damages for violations of human rights: a Comparative analysis
Ewa Baginska
Appendix- National Reports Questionnaire
Index.