Effective Domestic Remedies and the European Court of Human Rights
Applications of the European Convention on Human Rights Article 13

The most comprehensive analysis of the right to effective domestic remedies in the European Convention on Human Rights Article 13.

Michael Reiertsen (Author)

9781009153546, Cambridge University Press

Hardback, published 25 August 2022

366 pages
23.5 x 15.7 x 2.5 cm, 0.67 kg

'This is an important book, filling a gap in the literature around a Convention right that has not quite yet had its time. It will be of particular interest to academics, postgraduate and research students, and the numerous government staff in ECHR Contracting States working on ensuring that human rights protection is guaranteed at the national level in the most effective manner.' Merris Amos, International and Comparative Law Quarterly

In Malone v. UK (Plenary 1984), the right to an effective domestic remedy in the European Convention on Human Rights Article 13 was famously described as one of the most obscure clauses in the Convention. Since then, the European Court of Human Rights has reinforced the scope and application of the right. Through an analysis of virtually all of the Court's judgments concerning Article 13, the book exhaustively accounts for the development and current scope and content of the right. The book also provides normative recommendations on how the Court could further develop the right, most notably how it could be a tool to regulate the relationship between domestic and international protection of human rights. In doing so, the book situates itself within larger debates on the enforcement of the entire Convention such as the principle of subsidiarity and the procedural turn in the Court's case law.

Preface
1. Setting the scene
2. Analysis and selection of case law
3. The requirement of effectiveness in abstract
4. Historical and statistical overview
5. Relationship with the rule on exhaustion of domestic remedies
6. Scope of application
7. The arguability test
8. A relative standard
9. General requirements and principles
10. Access to justice
11. Redress
12. A normative and contextual reading
13. Conclusions and recommendations
Bibliography
Index.

Subject Areas: Human rights & civil liberties law [LNDC], International humanitarian law [LBBS], International human rights law [LBBR], Human rights [JPVH], Violence in society [JFFE]