|Title:||Measuring violations of human rights : an empirical analysis of awards in respect of non-pecuniary damage under the ECHR|
|Authors :||Altwicker-Hámori, Szilvia|
|Conference details:||11th Annual Conference on Empirical Legal Studies (CELS), Durham, USA, 18-19 November 2016|
|License (according to publishing contract) :||Licence according to publishing contract|
|Type of review:||Peer review (publication)|
|Subject (DDC) :||341: Law of nations|
|Abstract:||This is the first study to examine the awards made by the European Court of Human Rights in respect of non-pecuniary damage from an empirical perspective. It uses a multiple regression analysis based on data (929 cases) drawn from the Council of Europe’s Human Rights Documentation (HUDOC) database. By legal analysis we identified three elements of the “equity principle” used by the Court for the calculation of awards made in respect of non-pecuniary damage (seriousness of the violation, applicant- and overall context-related factors), which we used in our regression analysis. Our empirical results show that there is a statistically significant association between the amount awarded in respect of non-pecuniary damage and the intensity of the violation, the existence of a separate opinion, the respondent state and the fact whether the applicant is a legal or a natural person. Our study therefore contradicts the view voiced in the literature that awards made in respect of non-pecuniary damage under the ECHR are “unpredictable” and “inconsistent”.|
|Organisational Unit:||Institute of Health Sciences (IGW)|
|Publication type:||Conference paper|
|Published as part of the ZHAW project :||Just Satisfaction under Art. 41 ECHR: A Quantitative Analysis|
|Appears in Collections:||Publikationen Gesundheit|
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