Abstract
The general report analyses the basis and the elements of the cause of action for damages in the case of violations of human rights. The key points of debate are the role of national constitutions and the supranational human rights conventions for the choice of the legal basis for a claim and the scope of the damages remedy. Alternatives to tort law, such as special indemnity schemes, which shift the cause of action toward public law, are also discussed. The concluding remarks assess the developments in tort law and public liability law and the role ascribed to these rules by the courts in the process of enforcement of human rights in national legal systems.
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