Choose an application

• Reference Manager
• EndNote
• RefWorks (Direct export to RefWorks)

Liability for human rights violations.

Choose an application

• Reference Manager
• EndNote
• RefWorks (Direct export to RefWorks)

Winner of the 2018 Inner Temple New Authors Book Prize and the 2016 SLS Peter Birks Prize for Outstanding Legal Scholarship. Damages and Human Rights is a major work on awards of damages for violations of human rights that will be of compelling interest to practitioners, judges and academics alike. Damages for breaches of human rights is emerging as an important and practically significant field of law, yet the rules and principles governing such awards and their theoretical foundations remain underexplored, while courts continue to struggle to articulate a coherent law of human rights damages. The book's focus is English law, but it draws heavily on comparative material from a range of common law jurisdictions, as well as the jurisprudence of international courts. The current law on when damages can be obtained and how they are assessed is set out in detail and analysed comprehensively. The theoretical foundations of human rights damages are examined with a view to enhancing our understanding of the remedy and resolving the currently troubled state of human rights damages jurisprudence. The book argues that in awarding damages in human rights cases the courts should adopt a vindicatory approach, modelled on those rules and principles applied in tort cases when basic rights are violated. Other approaches are considered in detail, including the current 'mirror' approach which ties the domestic approach to damages to the European Court of Human Rights' approach to monetary compensation; an interest-balancing approach where the damages are dependent on a judicial balancing of individual and public interests; and approaches drawn from the law of state liability in EU law and United States constitutional law. The analysis has important implications for our understanding of fundamental issues including the interrelationship between public law and private law, the theoretical and conceptual foundations of human rights law and the law of torts, the nature and functions of the damages remedy, the connection between rights and remedies, the intersection of domestic and international law, and the impact of damages liability on public funds and public administration. The book was the winner of the 2016 SLS Peter Birks Prize for Outstanding Legal Scholarship and the 2018 Inner Temple New Authors Book Prize

Liability for human rights violations.

Choose an application

• Reference Manager
• EndNote
• RefWorks (Direct export to RefWorks)

Damages claims under the Human Rights Act 1998 are being made with increasing frequency, yet the theoretical foundations of such damages remain obscure, and courts have struggled to develop a theoretically sound and principled approach to their award and assessment.The question of how courts ought to approach such novel claims raises a host of complex issues. For example, in fashioning the approach how should courts balance competing concerns such as the importance of vindicating fundamental rights and, on the other hand, the public interest in the preservation of scarce public resources? How can human rights be valued in monetary terms? And is it permissible to read across damages principles developed in the private law of tort to a public law context?This book explores the theoretical foundations of human rights damages and undertakes a comprehensive examination of when such damages ought to be awarded, how they ought to be assessed, and the range of damages that ought to be available to remedy a rights-breach.The central thesis is that a vindicatory approach, modelled on the approach to damages in domestic tort law ought to be adopted. Other possible approaches are analysed, with a focus on those adopted in English and comparative case law.These include the current 'mirror' approach which ties the approach to damages in English law to the European Court of Human Rights' approach to monetary compensation; an interest-balancing approach according to which the award and assessment of damages are dependent on a judicial balancing of individual and public interests; as well as approaches drawn from EU law and United States Constitutional law.The thesis on which this book is based was awarded the Yorke Prize by the University of Cambridge as the outstanding thesis in law in 2012.

Liability for human rights violations --- Human rights --- Tort and negligence

Choose an application

• Reference Manager
• EndNote
• RefWorks (Direct export to RefWorks)

Liability for human rights violations. --- Tort liability of corporations. --- Transitional justice.

Choose an application

• Reference Manager
• EndNote
• RefWorks (Direct export to RefWorks)

About the publication Over the years, the African, Inter-American and United Nations human rights systems have forged important partnerships on a wide-range of human rights issues and approaches. Grounded in the universality of human rights, the three systems have collaborated through actions ranging from joint statements to joint meetings and country visits, the exchange of information on country situations, individual cases and thematic issues, as well as relying on each other’s case law, decisions and procedural developments. This collaboration has been anchored in frameworks such as the 1993 Vienna Declaration and Programme of Action, the regular dialogue between global and regional human rights mechanisms mandated by the Human Rights Council, the 2009 Memorandum of Understanding between the Organisation of American States and the African Union, the 2012 Addis Ababa Roadmap between the special procedures of the UN Human Rights Council and those of the African Commission on Human and Peoples’ Rights and the 2010 and 2014 Memorandums of Understanding between the Office of the UN High Commissioner for Human Rights and the African Union Commission and Inter- American Commission on Human Rights, respectively. The joint dialogue held on 3 November 2015 in Banjul was firmly located within these frameworks. This timely dialogue enabled each institution to exchange information and experiences, to review approaches, challenges and good practices within each system, and to reaffirm our common resolve to address the serious human rights violations based on sexual orientation and gender identity that take place in all regions. This report and the accompanying background papers capture the content and outcomes of the joint dialogue. We hope that it can provide a basis for further collaboration in future and that States and other stakeholders will find it useful to inform their efforts to combat violence, discrimination and other human rights violations based on sexual orientation and gender identity. Editor: Centre for Human Rights Table of Contents Key concepts List of acronyms Message of support Foreword Final report: Joint thematic dialogue on sexual orientation and gender identity Annex 1: List of participants Annex 2: Agenda of joint dialogue Annex 3: Resolution 275 Annex 4: Norms, case law and practices of sexual orientation and gender identity in the African human rights system Annex 5: Norms, cases and practices relevant to sexual orientation and gender identity in the Inter-American human rights system Annex 6: Norms, case law and practices on sexual orientation, gender identity and intersex status in the United Nations system Annex 7: HIV, human rights and sexual orientation and gender identity

human rights united nations human rights violations The African Commission sexual orientation violations human rights systems