An examination of the European Court of Human Rights' indication of remedial measures

Mowbray, Alastair (2017) An examination of the European Court of Human Rights' indication of remedial measures. Human Rights Law Review, 17 (3). pp. 451-478. ISSN 1744-1021

[img] PDF - Repository staff only until 17 July 2019. - Requires a PDF viewer such as GSview, Xpdf or Adobe Acrobat Reader
Download (441kB)

Abstract

This article studies the development and current practice of the European Court of Human Rights when it indicates non-financial remedial measures following the determination that violations of the European Convention on Human Rights have occurred. Analyses of the jurisprudence and statistical data derived from the Committee of Ministers’ supervisory reports are used to explain, inter alia, the types of remedial measures indicated, the reasons justifying the Court indicating such measures (in the text and operative parts of judgments) and the challenges facing the Court resorting to ‘Article 46 judgments’.

Item Type: Article
Additional Information: This is a pre-copyedited, author-produced version of an article accepted for publication in Human Rights Law Review following peer review. The version of record Alastair Mowbray; An Examination of the European Court of Human Rights’ Indication of Remedial Measures, Human Rights Law Review, Volume 17, Issue 3, 1 September 2017, Pages 451–478 is available online at: https://academic.oup.com/hrlr/article-lookup/doi/10.1093/hrlr/ngx015.
Keywords: international human rights, judicial remedies, non-financial remedies, European Court of Human Rights
Schools/Departments: University of Nottingham, UK > Faculty of Social Sciences > School of Law
Identification Number: 10.1093/hrlr/ngx015
Depositing User: Mowbray, Professor Alastair
Date Deposited: 19 Sep 2017 10:36
Last Modified: 18 Oct 2017 17:40
URI: http://eprints.nottingham.ac.uk/id/eprint/46513

Actions (Archive Staff Only)

Edit View Edit View