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

Justifies a two-track approach that includes individual and systemic remedies in both domestic and international human rights law.

Kent Roach (Author)

9781108417877, Cambridge University Press

Hardback, published 8 April 2021

450 pages
24 x 16 x 4.3 cm, 1.1 kg

'This brilliant book makes the neglected topic of remedies central to the study of both international human rights law and comparative public law. Kent Roach's innovative two-track approach to remedying rights violations reframes the debate and will become the jumping off point for judges and scholars working across these vast fields. A must read.' David Landau, Mason Ladd Professor and Associate Dean for International Programs, Florida State University

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.

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.

Subject Areas: Human rights & civil liberties law [LNDC], Constitutional & administrative law [LND], Human rights [JPVH], Political science & theory [JPA], Social & political philosophy [HPS]