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Remedies for Human Rights Violations: A Two-Track Approach to Supra-national and National Law

Remedies for Human Rights Violations: A Two-Track Approach to Supra-national and National Law

Author: Kent Roach
Publisher: Cambridge University Press
ISBN: 9781108405973
Published In: April 2021
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

List Price: AU$122.20

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Description
Contents

Details

An innovative book that provides fresh insights into the neglected field of remedies in both international and domestic human rights law. Providing an overarching two-track theory, it combines remedies to compensate and prevent irreparable harm to litigants with a more dialogic approach to systemic remedies. It breaks new ground by demonstrating how proportionality principles can improve remedial decision-making and avoid reliance on either strong discretion or inflexible rules. It draws on the latest jurisprudence from the European and Inter-American Courts of Human Rights and domestic courts in Australia, Canada, India, New Zealand, Hong Kong, South Africa, the United Kingdom and the United States. Separate chapters are devoted to interim remedies, remedies for laws that violate human rights, damages, remedies in the criminal process, declarations and injunctions in institutional cases, remedies for violations of social and economic rights and remedies for violations of Indigenous rights.

Examines remedies in international and domestic human rights law
Examines a broad range of remedies from interim remedies, damages, remedies in the criminal process, and remedies for social, economic, cultural and Indigenous rights
Defends a two-track approach to remedies that distinguishes between individual and systemic measures

1. The importance and complexity of remedies

2. A two-track approach to individual and systemic remedies

3. Interim remedies

4. Remedies for laws that violate human rights

5. Damages

6. Remedies in the criminal process

7. Declarations, injunctions and the declaration plus

8. Remedies for social, economic and cultural rights

9. Remedies for violations of indigenous rights

Conclusion