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1 results

  • 12 - A Normative and Contextual Reading

  • Michael Reiertsen
  • Book:
    Effective Domestic Remedies and the European Court of Human Rights
    Published online:
    11 August 2022
    Print publication:
    25 August 2022, pp 242-276

  • 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.