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

Mowbray, Alastair

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: https://nottingham-repository.worktribe.com/output/880192
• Publisher URL: https://academic.oup.com/hrlr/article-abstract/17/3/451/3977761/An-Examination-of-the-European-Court-of-Human
• 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.