Non-Pecuniary Damages Before the European Court of Human Rights: Forget the Victim; It’s All About the State

(2020) 33 Leiden Journal of International Law 335–69.

University of Copenhagen Faculty of Law Research Paper No. 2020-95

48 Pages Posted: 8 May 2020 Last revised: 25 May 2021

See all articles by Veronika Fikfak

Veronika Fikfak

University of Copenhagen - iCourts - Centre of Excellence for International Courts

Date Written: April 14, 2020

Abstract

This paper studies how the European Court of Human Rights adjusts damages for human rights violations. The paper empirically analyses 13 years of ECtHR’s case-law in relation to Articles 2 (right to life), 3 (torture, inhuman and degrading treatment) and 5 (arbitrary detention) of the Convention. The goal is to understand whether the statements made by the Court about the aims pursued through just satisfaction are confirmed in practice. Through an empirical quantitative study relating to non-pecuniary damages, the paper quantitatively analyses the practice of the Court in awarding non-pecuniary damages for human rights violations and compares it to the competing visions of the ECtHR’s function. In particular, I am interested in determining whether just satisfaction is aimed at redressing the suffering of the victim, her circumstances and vulnerability, or whether the focus is more on the respondent state, its conduct and its past human rights record. The answers to these questions will contribute to the debate whether the ECtHR’s role is one of delivering ‘individual justice’ or whether the Court is – as an international court enforcing an international treaty – focused on the ‘state’.

Keywords: European Court of Human Rights, European Convention on Human Rights, Non-pecuniary damages, Remedies, Damages

Suggested Citation

Fikfak, Veronika, Non-Pecuniary Damages Before the European Court of Human Rights: Forget the Victim; It’s All About the State (April 14, 2020). (2020) 33 Leiden Journal of International Law 335–69., University of Copenhagen Faculty of Law Research Paper No. 2020-95, Available at SSRN: https://ssrn.com/abstract=3575351 or http://dx.doi.org/10.2139/ssrn.3575351

Veronika Fikfak (Contact Author)

University of Copenhagen - iCourts - Centre of Excellence for International Courts ( email )

Studiestraede 6
Copenhagen, DK-1455
Denmark

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
75
Abstract Views
485
rank
379,621
PlumX Metrics