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An examination of the European Court of Human Rights' indication of remedial measures

Mowbray, Alastair

Authors

Alastair Mowbray a.r.mowbray@nottingham.ac.uk



Abstract

This article studies the development and current practice of the European Court of Human Rights when it indicates non-financial remedial measures following the determination that violations of the European Convention on Human Rights have occurred. Analyses of the jurisprudence and statistical data derived from the Committee of Ministers’ supervisory reports are used to explain, inter alia, the types of remedial measures indicated, the reasons justifying the Court indicating such measures (in the text and operative parts of judgments) and the challenges facing the Court resorting to ‘Article 46 judgments’.

Citation

Mowbray, A. (2017). An examination of the European Court of Human Rights' indication of remedial measures. Human Rights Law Review, 17(3), https://doi.org/10.1093/hrlr/ngx015

Journal Article Type Article
Acceptance Date Mar 1, 2017
Online Publication Date Jul 17, 2017
Publication Date Sep 1, 2017
Deposit Date Sep 19, 2017
Publicly Available Date Jul 18, 2019
Journal Human Rights Law Review
Print ISSN 1461-7781
Electronic ISSN 1744-1021
Publisher Oxford University Press
Peer Reviewed Peer Reviewed
Volume 17
Issue 3
DOI https://doi.org/10.1093/hrlr/ngx015
Keywords international human rights, judicial remedies, non-financial remedies, European Court of Human Rights
Public URL http://eprints.nottingham.ac.uk/id/eprint/46513
Publisher URL https://academic.oup.com/hrlr/article-abstract/17/3/451/3977761/An-Examination-of-the-European-Court-of-Human
Copyright Statement Copyright information regarding this work can be found at the following address: http://eprints.nottingham.ac.uk/end_user_agreement.pdf
Additional Information This is a pre-copyedited, author-produced version of an article accepted for publication in Human Rights Law Review following peer review. The version of record Alastair Mowbray; An Examination of the European Court of Human Rights’ Indication of Remedial Measures, Human Rights Law Review, Volume 17, Issue 3, 1 September 2017, Pages 451–478 is available online at: https://academic.oup.com/hrlr/article-lookup/doi/10.1093/hrlr/ngx015.

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Copyright Statement
Copyright information regarding this work can be found at the following address: http://eprints.nottingham.ac.uk/end_user_agreement.pdf





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