Effective Domestic Remedies and the European Court of Human Rights

Effective Domestic Remedies and the European Court of Human Rights

by Michael Reiertsen
Epub (Kobo), Epub (Adobe)
Publication Date: 25/08/2022

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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.

ISBN:
9781009182461
9781009182461
Category:
International human rights law
Format:
Epub (Kobo), Epub (Adobe)
Publication Date:
25-08-2022
Language:
English
Publisher:
Cambridge University Press

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