Skip to main content Accessibility help
×
Hostname: page-component-848d4c4894-4hhp2 Total loading time: 0 Render date: 2024-05-01T10:37:31.940Z Has data issue: false hasContentIssue false

3 - Interim Remedies

Published online by Cambridge University Press:  29 March 2021

Kent Roach
Affiliation:
University of Toronto
Get access

Summary

This Chapter examines interim remedies. These allow courts to order remedies to protect rights from immediate and irreparable harm. Part I examines how international adjudicators have recognized the importance of interim relief in enforcing rights to life and health. Domestic courts have applied common law concepts such as the balance of convenience and higher standards for mandatory injunctions that may not be appropriate in the human rights context. Part II examines the irreparable harm standard and suggests that in some contexts, courts should engage in a closer review of the merits of the applicant’s case. Part III examines how proportionality principles can provide principles for decisions about the balance of convenience by calling attention to the legitimacy of the state’s objectives that justify limits on remedies, the tailoring of the remedy to accommodate competing rights and social interests and its overall balance. Part IV argues that interim relief, as an individual remedy, is related to the court’s ability to adjudicate a dispute and provide effective remedies and should not be deterred by potential remedial failure. Even breaches of interim remedies can be the focus of subsequent remedies and focus attention on the irreparable harm caused by some rights violations.

Type
Chapter
Information
Remedies for Human Rights Violations
A Two-Track Approach to Supra-national and National Law
, pp. 128 - 176
Publisher: Cambridge University Press
Print publication year: 2021

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

  • Interim Remedies
  • Kent Roach, University of Toronto
  • Book: Remedies for Human Rights Violations
  • Online publication: 29 March 2021
  • Chapter DOI: https://doi.org/10.1017/9781108283618.004
Available formats
×

Save book to Dropbox

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 Dropbox.

  • Interim Remedies
  • Kent Roach, University of Toronto
  • Book: Remedies for Human Rights Violations
  • Online publication: 29 March 2021
  • Chapter DOI: https://doi.org/10.1017/9781108283618.004
Available formats
×

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.

  • Interim Remedies
  • Kent Roach, University of Toronto
  • Book: Remedies for Human Rights Violations
  • Online publication: 29 March 2021
  • Chapter DOI: https://doi.org/10.1017/9781108283618.004
Available formats
×