11 - Redress

Summary

Chapter 11 accounts for the redress required by Article 13. The chapter demonstrates that in early case law the Court mostly limited itself to a statement that redress had to be provided, without any further specification. However, increasingly, in some specific contexts, the Court has laid down the form and specific measures required. But the Court's reasoning is very case specific. This makes it hard to deduce general and principled starting-points which can be applied to new cases. For example, the Court has not in a general manner required that the remedy needs to be able to put an end to continuing violations, with possible proportional exceptions, or set out any principled starting-points as to when compensation and/or restitution is necessary. Further, the the case law concerning effective investigations is particularly unclear. Indeed, even though the Court requires effective investigations under Article 13, it is highly unclear how this requirement relates to similar requirements under substantive Articles and to what extent effective investigations is percieved as a form of redress, as such.