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

Justifies a two-track approach that includes individual and systemic remedies in both domestic and international human rights law.There are many books about the promises made by human rights but few that deal with the remedies that are and should be available when rights are violated. This book examines remedies in international law but also the domestic law of the US, UK, South Africa, New Zealand and Canada.There are many books about the promises made by human rights but few that deal with the remedies that are and should be available when rights are violated. This book examines remedies in international law but also the domestic law of the US, UK, South Africa, New Zealand and Canada.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 soclãX