Effective Domestic Remedies and the European Court of Human Rights Applications of the European Convention on Human Rights Article 13
Book contents
- Effective Domestic Remedies and the European Court of Human Rights
- Effective Domestic Remedies and the European Court of Human Rights
- Copyright page
- Contents
- Figures
- Preface
- Acknowledgments
- Citations of Case Law
- Abbreviations
- 1 Setting the Scene
- 2 Analysis and Selection of Case Law
- 3 The Requirement of Effectiveness in Abstract
- 4 Historical and Statistical Overview
- 5 Relationship with the Rule on Exhaustion of Domestic Remedies
- 6 Scope of Application
- 7 The Arguability Test
- 8 A Relative Standard
- 9 General Requirements and Principles
- 10 Access to Justice
- 11 Redress
- 12 A Normative and Contextual Reading
- 13 Conclusions and Recommendations
- Bibliography
- Index
12 - A Normative and Contextual Reading
Published online by Cambridge University Press: 11 August 2022
Book contents
- Effective Domestic Remedies and the European Court of Human Rights
- Effective Domestic Remedies and the European Court of Human Rights
- Copyright page
- Contents
- Figures
- Preface
- Acknowledgments
- Citations of Case Law
- Abbreviations
- 1 Setting the Scene
- 2 Analysis and Selection of Case Law
- 3 The Requirement of Effectiveness in Abstract
- 4 Historical and Statistical Overview
- 5 Relationship with the Rule on Exhaustion of Domestic Remedies
- 6 Scope of Application
- 7 The Arguability Test
- 8 A Relative Standard
- 9 General Requirements and Principles
- 10 Access to Justice
- 11 Redress
- 12 A Normative and Contextual Reading
- 13 Conclusions and Recommendations
- Bibliography
- Index
Summary
Chapter 12 provides normative and contextual depth that may contribute to our understanding of how Article 13 could be further developed (or not) by the Court. The goal is not to provide answers as to how every requirement should be developed, but to illustrate the role Article 13 could have in regulating, more generally, the relationship between international and national protection of human rights. It does so by illustrating how different perceptions of fundamental normative concepts values and structure underlying Covnention law and four contextual factors may influence how judges construe, apply, and develop Article 13.
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- Effective Domestic Remedies and the European Court of Human RightsApplications of the European Convention on Human Rights Article 13, pp. 242 - 276Publisher: Cambridge University PressPrint publication year: 2022