Remedies in International Human Rights Law (Chapter)

Abstract

This book discusses the various approaches to and types of remedies available for violations of international human rights law. The first point is that remedies have both a procedural and substantive component. Procedural remedies means that there is an opportunity to be heard, while the substantive facet refers to the “relief afforded the successful claimant.” The first chapter of the book notes that preliminary requirements are availability of the justice system and discusses the purposes of remedies, including compensating the victim, deterring future crimes, condemnation, retribution, and restorative justice (which aims to find options other than punishment and focusing more on victims’ needs). Finally, the chapter provides a discussion of economic theories behind remedies, such as cost-benefit analysis and efficiency. The chapter concludes by arguing that rectification, rather than compensation, should serve as the main objective of remedies for violations of international human rights.

Keywords: remedies, international human rights, compensation, deterrence, rehabilitation, restorative justice

JEL Classification: F00, K33