| Title: | Pain and suffering damages in complex human rights cases : an empirical analysis under the European Convention of Human Rights |
| Authors : | Altwicker, Tilmann Altwicker-Hámori, Szilvia Gerber, Daniel Peters, Anne |
| Conference details: | Second Conference on Empirical Legal Studies in Europe (CELSE) 2018, Leuven, 31. Mai-1. Juni, 2018 |
| Issue Date: | 2018 |
| License (according to publishing contract) : | Not specified |
| Type of review: | Peer review (abstract) |
| Language : | English |
| Subject (DDC) : | 341: Law of nations |
| Abstract: | This is the first paper to examine pain and suffering damages in complex human rights cases decided under the European Convention on Human Rights (ECHR). This is, those involving more than one violation. For the empirical analysis we constructed a dataset based on cases decided by the European Court of Human Rights (ECtHR), containing N=1685 observations. Based on hierarchical cluster analysis we first identify four clusters, comprising two to four violated Convention articles. We then use multiple regression analysis to examine how pain and suffering damages are affected in cases involving multiple violations. We find that pain and suffering damages in European Convention on Human Rights (ECHR) cases are not additive. Instead, applicants receive proportionally less monetary compensation for more violated Convention articles. |
| Departement: | Health Professions |
| Organisational Unit: | Institute of Health Sciences (IGW) |
| Publication type: | Conference other |
| URI: | https://digitalcollection.zhaw.ch/handle/11475/14509 |
| Appears in Collections: | Publikationen Gesundheit |
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