Damages for Violations of Human Rights: A Comparative Analysis

Abstract

This comparative analysis brings together the findings of the preceding chapters and sets out the common features and differences in the jurisdictions surveyed. The particular points of comparison include the basis and the elements of the cause of action for damages in the case of human violations of human rights law. Emphasis is put on the role of the constitutionalisation of the basis 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.