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This Chapter outlines four methodological and four substantive contributions of the book. By addressing the frequent neglect of remedies in human rights law, the book brings human rights closer to the reality of their frequent violation, especially for less advantaged people. It also examines the inter-relations and cross-fertilization of remedies in domestic and international law. It reveals remedies as a fruitful site for comparative law. This includes American remedial exceptionalism and differences between regional supra-national human rights courts. This Chapter highlights the book’s development of an overarching conceptual structure for remedies. Substantively, the book argues that familiar proportionality principles can improve remedial decision-making and make it more transparent. It also outlines similarities between South African engagement orders and the duty to consult Indigenous peoples. In both cases, engagement can result in consensual agreements, but also can limit rights. The two-track approach recognizes that remedies should compensate for past harms and prevent immediate irreparable harms, but also that they should prevent repetitive violations in the future. Individual remedies can recognize remedial failure and start another cycle of two-track individual and systemic remedies.
An innovative book that provides fresh insights into the neglected field of remedies in both international and domestic human rights law. Providing an overarching two-track theory, it combines remedies to compensate and prevent irreparable harm to litigants with a more dialogic approach to systemic remedies. It breaks new ground by demonstrating how proportionality principles can improve remedial decision-making and avoid reliance on either strong discretion or inflexible rules. It draws on the latest jurisprudence from the European and Inter-American Courts of Human Rights and domestic courts in Australia, Canada, India, New Zealand, Hong Kong, South Africa, the United Kingdom and the United States. Separate chapters are devoted to interim remedies, remedies for laws that violate human rights, damages, remedies in the criminal process, declarations and injunctions in institutional cases, remedies for violations of social and economic rights and remedies for violations of Indigenous rights.
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