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: 16th Annual Conference of the German Law and Economics Association (GLEA), Ljubljana, 5.-6. Juli 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/11475/14525
Appears in Collections:Publikationen Gesundheit

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