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

by Kent Roach

Overview

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.

Product Details

ISBN-13:	9781108284813
Publisher:	Cambridge University Press
Publication date:	04/08/2021
Series:	Cambridge Studies in Constitutional Law , #27
Sold by:	Barnes & Noble
Format:	eBook
File size:	3 MB

About the Author

Kent Roach holds the Prichard Wilson Chair in Law and Public Policy at the University of Toronto in Canada He has written fifteen books including Constitutional Remedies in Canada (1994) and 2nd ed (2013) and The 9/11 Effect Comparative Counter-Terrorism (2011). His work on remedies has been widely cited by courts. Acting pro-bono he has been counsel in many of the Supreme Court of Canada's landmark decisions on remedies for rights violations.

Table of Contents

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.

Editorial Reviews

‘Professor Roach provides a compelling normative approach to and comprehensive synthesis of the relevant international and domestic practice on remedies for human rights violations. This work is an outstanding contribution to the literature on human rights. It will be an essential reference for scholars and practitioners in their treatment of individual and systemic human rights problems.’ S. James Anaya, Dean and University Distinguished Professor, University of Colorado Law School

‘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

From the Publisher