Damages for Violations of Human Rights: A Comparative Study by Ewa Bagińska

By Ewa Bagińska

This quantity analyses the criminal grounds, premises and volume of pecuniary reimbursement for violations of human rights in nationwide felony structures. The scope of comparability contains legal responsibility regimes as a rule and intimately, the correlation among pecuniary treatments on hand less than overseas legislation and less than household legislations, and specified (alternative) repayment structures. All assets of human rights violations are embraced, together with old injustices and systematical and gross violations.

The e-book is a set of 19 contributions written by means of public foreign legislations, foreign human rights and personal legislations specialists, overlaying fifteen eu jurisdictions (including primary and japanese Europe), the USA, Israel and european legislations. The contributions, at first ready for the 19th foreign Congress of Comparative legislations in Vienna (2014), current the newest advancements in laws, scholarship and case-law touching on household reasons of motion in circumstances of human rights abuses. The booklet concludes with a comparative file which assesses the advancements in tort legislation and public legal responsibility legislation, the position of the constitutionalisation of the precise to damages in addition to the courtroom perform regarding the method of enforcement of human rights via financial treatments. This country-by-country comparability permits to think about even if the worth of safety of human rights as expressed in foreign treaties, ius cogens and in nationwide constitutional legislation justifies the belief that the pursuits at stake should still take pleasure in safety below the present civil legal responsibility principles, or new explanation for motion, or perhaps a complete new algorithm, might be created in nationwide systems.

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31 Due to the subsidiary application of the Civil Code, this provision could be of relevance not only for compensation awarded in civil proceedings but also to that awarded for violations of human rights under Act No. 82/1998 Coll. Since, however, the (New) Civil Code entered into force only very recently, on 1st January 2014, it is difficult to predict whether and to what extent the latter possibility will materialize. 29 See Decision of the Supreme Court of the Czech Republic, No. 30 Cdo 3394/2010, 26 January 2011.

32 This regulation of the Civil Code also applies to the civil compensation for harm done to the natural rights of individuals. Under Law No. , all claimants are required to “Exhaust all the legal remedies available under the Czech legal order, in procedural terms set by law” (Section 8 para. 3). The relevant legal remedies include regular remedies, extraordinary remedies with the exception of renewal of proceedings, and other procedural remedies foreseen by law. The requirement of the exhaustion of legal remedies may be waved in exceptional cases, which are not further specified in the Act.

76 Articles 29 and 1103 OA. 2 Damages for Violation of Human Rights in Croatia 23 In this case, the general conditions of inheritance law that regulate the transfer of rights and obligations, in the event of death, to the heirs are relevant. The situation is different in the respect of non-patrimonial damage. 77 It is also necessary that the general conditions of inheritance law be fulfilled. Family members are entitled to claim damages for both patrimonial and nonpatrimonial damage. Patrimonial damage will consist of the loss of maintenance because a direct victim losing his or her life.

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