Damages for Violations of Human Rights

A Comparative Study of Domestic Legal Systems

  • Ewa Bagińska

Part of the Ius Comparatum - Global Studies in Comparative Law book series (GSCL, volume 9)

Table of contents

  1. Front Matter
    Pages i-xii
  2. Ewa Bagińska
    Pages 1-8
  3. Pavel Šturma, Veronika Bílková
    Pages 25-41
  4. Iris Canor, Tamar Gidron, Haya Zandberg
    Pages 193-215
  5. Maria José Reis Rangel de Mesquita
    Pages 307-327

About this book

Introduction

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 Europe), 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 rights 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.

Keywords

Compensation for human rights violations Damage remedies for infringements of human rights Damages for the infringement of human rights Damages regime Fundamental freedoms Human rights in Germany Human rights in Ireland Human rights infringements Infringement of human rights Infringement of human rights in Croatia Monetary compensation for violation of human rights Study of Domestic Legal Systems Violations of Human Rights

Editors and affiliations

  • Ewa Bagińska
    • 1
  1. 1.Department of Civil LawGdańsk UniversityGdańskPoland

Bibliographic information

  • DOI https://doi.org/10.1007/978-3-319-18950-5
  • Copyright Information Springer International Publishing Switzerland 2016
  • Publisher Name Springer, Cham
  • eBook Packages Law and Criminology
  • Print ISBN 978-3-319-18949-9
  • Online ISBN 978-3-319-18950-5
  • Series Print ISSN 2214-6881
  • Series Online ISSN 2214-689X
  • About this book