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The role of supranational human rights litigation in strengthening remedies for torture nationally

McGregor, L (2012) 'The role of supranational human rights litigation in strengthening remedies for torture nationally.' International Journal of Human Rights, 16 (5). 737 - 754. ISSN 1364-2987

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Abstract

Supranational human rights bodies are generally moving away from a practice of issuing declaratory orders and deferring to the state on the means to comply with their decisions to the issuance of more specific reparation orders, including requiring guarantees of nonrepetition such as law reform at the national level. Notwithstanding this general evolution, in this article I suggest that they have not had as significant an impact on strengthening the national remedial framework where torture is alleged. Focusing on the practice and jurisprudence of the European Court, I identify key factors that support this finding and suggest ways in which they can do more to accommodate the objective of strengthening the national remedial framework for torture while continuing to prioritise their role as forums for individual access to justice. © 2012 Taylor & Francis.

Item Type: Article
Subjects: K Law > K Law (General)
Divisions: Faculty of Humanities > Law, School of
Depositing User: Jim Jamieson
Date Deposited: 20 Mar 2013 15:43
Last Modified: 23 Jan 2019 02:15
URI: http://repository.essex.ac.uk/id/eprint/5874

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