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8 - A Relative Standard

Published online by Cambridge University Press:  11 August 2022

Michael Reiertsen
Affiliation:
Borgarting Court of Appeals, Norway
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Summary

Chapter 8 accounts for factors explicitly emphasized in the Court's case law which may influence the relative standard of effectiveness arising under Article 13. Indeed, States have a margin of appreciation which provides for different possibilites for assuring effective remedies in practice, for example, in penal, civil, constitutional or administrative proceedings. However, the proceedings must satisfy the minimum requirements, of access to justice and redress. These requirements may be influced by, for example, the character and degree of the violation, the context in which the remedies operate, including whether the remedial problems stems from a systemic problem and the personal situation of the applicant. Such factors may, in practice, lead to the conclusion that only a limited selection of remedies, or even only one remedy, may be effective.

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Chapter
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Effective Domestic Remedies and the European Court of Human Rights
Applications of the European Convention on Human Rights Article 13
, pp. 110 - 114
Publisher: Cambridge University Press
Print publication year: 2022

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  • A Relative Standard
  • Michael Reiertsen
  • Book: Effective Domestic Remedies and the European Court of Human Rights
  • Online publication: 11 August 2022
  • Chapter DOI: https://doi.org/10.1017/9781009153539.011
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  • A Relative Standard
  • Michael Reiertsen
  • Book: Effective Domestic Remedies and the European Court of Human Rights
  • Online publication: 11 August 2022
  • Chapter DOI: https://doi.org/10.1017/9781009153539.011
Available formats
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Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • A Relative Standard
  • Michael Reiertsen
  • Book: Effective Domestic Remedies and the European Court of Human Rights
  • Online publication: 11 August 2022
  • Chapter DOI: https://doi.org/10.1017/9781009153539.011
Available formats
×