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

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

Author: Ewa Baginska
Publisher: Springer-Verlag
ISBN: 9783319189499
Published In: October 2015
Format: Hardback
Jurisdiction: Switzerland ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
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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.

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