Matt James
- Published in print:
- 2006
- Published Online:
- May 2007
- ISBN:
- 9780199289172
- eISBN:
- 9780191711084
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199289172.003.0008
- Subject:
- Political Science, Political Economy
Critics who believe that ‘the politics of recognition’ drives out ‘the politics of recognition’ often cite movements for redress of group-specific historic injustices as one of their main examples. ...
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Critics who believe that ‘the politics of recognition’ drives out ‘the politics of recognition’ often cite movements for redress of group-specific historic injustices as one of their main examples. These redress movements are said to rely on a ‘politics of grievance’ that nurtures distrust between groups, rather than building trust and solidarity across ethnic and racial lines. This chapter examines this objection in the specific case of Canada. It studies several movements that have sought reparations for historic injustices relating to Canada's past policy of forcing Aboriginal children to attend residential schools; the wartime internment's of Ukrainian and Japanese Canadians; the ‘head tax’ formerly imposed on Chinese migrants to Canada; and the physical destruction of Halifax's Africville community. It is argued that while redress campaigns can indeed promote attitudes that render cross-ethnic cooperation for redistributive struggles more difficult, they also help create the conditions under which such coalitions are possible.Less
Critics who believe that ‘the politics of recognition’ drives out ‘the politics of recognition’ often cite movements for redress of group-specific historic injustices as one of their main examples. These redress movements are said to rely on a ‘politics of grievance’ that nurtures distrust between groups, rather than building trust and solidarity across ethnic and racial lines. This chapter examines this objection in the specific case of Canada. It studies several movements that have sought reparations for historic injustices relating to Canada's past policy of forcing Aboriginal children to attend residential schools; the wartime internment's of Ukrainian and Japanese Canadians; the ‘head tax’ formerly imposed on Chinese migrants to Canada; and the physical destruction of Halifax's Africville community. It is argued that while redress campaigns can indeed promote attitudes that render cross-ethnic cooperation for redistributive struggles more difficult, they also help create the conditions under which such coalitions are possible.
Antony Black
- Published in print:
- 2009
- Published Online:
- May 2009
- ISBN:
- 9780199281695
- eISBN:
- 9780191713101
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199281695.003.0004
- Subject:
- Political Science, Political Theory
In Sumer government, religion, and culture were based on city-states, ruled by kings who were personally chose by the city god. Unlike Egypt, supreme authority circulated from city to city. Royal ...
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In Sumer government, religion, and culture were based on city-states, ruled by kings who were personally chose by the city god. Unlike Egypt, supreme authority circulated from city to city. Royal absolutism developed when the Akkadians introduced tribal dynastic authority, and, further north, in Assyria. There was a generalized notion of kingship, or the state, which had to perform certain functions: maintenance of the god's estate, of justice and prosperity. Kings were to redress grievances of the poor against the powerful. Some kings issued law codes. There were assemblies of citizens, corresponding perhaps to the gods' assembly. Whether there was primitive democracy has been disputed, but citizens appear to have had some judicial and commercial powers.Less
In Sumer government, religion, and culture were based on city-states, ruled by kings who were personally chose by the city god. Unlike Egypt, supreme authority circulated from city to city. Royal absolutism developed when the Akkadians introduced tribal dynastic authority, and, further north, in Assyria. There was a generalized notion of kingship, or the state, which had to perform certain functions: maintenance of the god's estate, of justice and prosperity. Kings were to redress grievances of the poor against the powerful. Some kings issued law codes. There were assemblies of citizens, corresponding perhaps to the gods' assembly. Whether there was primitive democracy has been disputed, but citizens appear to have had some judicial and commercial powers.
Katherine B. Starzyk, Craig W. Blatz, and Mike Ross
- Published in print:
- 2009
- Published Online:
- May 2009
- ISBN:
- 9780195320916
- eISBN:
- 9780199869541
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195320916.003.019
- Subject:
- Psychology, Social Psychology
This chapter presents research and theory focusing on how individuals and governments respond to historical injustices. The chapter proposes that people and groups remember negative historical events ...
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This chapter presents research and theory focusing on how individuals and governments respond to historical injustices. The chapter proposes that people and groups remember negative historical events more benignly, if they remember them at all, to maintain positive views of important groups and social systems. The focus is placed on studies demonstrating that people’s evaluations of reparations for past harms depend on situational variables, such as whether the harm happened in their own or another country. The chapter also connect people’s responses to reparations to the dual motivations to protect important groups and social systems, and examine the responses of members of a victimized minority and nonvictimized majority to a government apology for a historical injustice. Finally, the content of government offers of reparation is analyzed, to assess how these offers might enhance the social identities of both the victimized minority and nonvictimized majority, as well as affirm the current system of government and laws.Less
This chapter presents research and theory focusing on how individuals and governments respond to historical injustices. The chapter proposes that people and groups remember negative historical events more benignly, if they remember them at all, to maintain positive views of important groups and social systems. The focus is placed on studies demonstrating that people’s evaluations of reparations for past harms depend on situational variables, such as whether the harm happened in their own or another country. The chapter also connect people’s responses to reparations to the dual motivations to protect important groups and social systems, and examine the responses of members of a victimized minority and nonvictimized majority to a government apology for a historical injustice. Finally, the content of government offers of reparation is analyzed, to assess how these offers might enhance the social identities of both the victimized minority and nonvictimized majority, as well as affirm the current system of government and laws.
Daniel Schwartz
- Published in print:
- 2007
- Published Online:
- May 2008
- ISBN:
- 9780199205394
- eISBN:
- 9780191709265
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199205394.003.0007
- Subject:
- Philosophy, Ancient Philosophy
This chapter examines Aquinas's understanding of the way in which the aim of reconciliation affects the operation of corrective justice. It focuses on ‘satisfaction’, a term that Aquinas used to ...
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This chapter examines Aquinas's understanding of the way in which the aim of reconciliation affects the operation of corrective justice. It focuses on ‘satisfaction’, a term that Aquinas used to denote the sequence of acts and attitudes necessary for the offender to atone for his wrongs in the eyes of the victim. It is argued that friendship affects the currency of repayment (honour as opposed to tangible goods), the temporal scope of the offences that need to be amended (the past history of the friends as opposed to punctual offences), and the identity of the person who should enforce repayment (the offender as opposed to the judge). Friendship also determines the quantity of required satisfaction by making acceptable what satisfaction the friend is capable of, rather than demanding of him the full repayment of the debt. If, however, the friend has debased himself to such an extent that he cannot make any valuable satisfaction, then it is more advantageous for the ex-friend to be helped to repay the debt than merely to be released from payment.Less
This chapter examines Aquinas's understanding of the way in which the aim of reconciliation affects the operation of corrective justice. It focuses on ‘satisfaction’, a term that Aquinas used to denote the sequence of acts and attitudes necessary for the offender to atone for his wrongs in the eyes of the victim. It is argued that friendship affects the currency of repayment (honour as opposed to tangible goods), the temporal scope of the offences that need to be amended (the past history of the friends as opposed to punctual offences), and the identity of the person who should enforce repayment (the offender as opposed to the judge). Friendship also determines the quantity of required satisfaction by making acceptable what satisfaction the friend is capable of, rather than demanding of him the full repayment of the debt. If, however, the friend has debased himself to such an extent that he cannot make any valuable satisfaction, then it is more advantageous for the ex-friend to be helped to repay the debt than merely to be released from payment.
J. R. Maddicott
- Published in print:
- 2010
- Published Online:
- September 2010
- ISBN:
- 9780199585502
- eISBN:
- 9780191723148
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199585502.003.0007
- Subject:
- History, British and Irish Medieval History, Political History
This chapter considers the extent to which the English parliament both resembled and, more particularly, differed from the assemblies of continental Europe, notably those of France. It uses ...
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This chapter considers the extent to which the English parliament both resembled and, more particularly, differed from the assemblies of continental Europe, notably those of France. It uses continental comparisons to draw out and enlarge on some of the main themes treated in the preceding chapters. It shows that much of parliament's peculiar evolution can be traced back to its Anglo‐Saxon origins and to the peculiarities of English political society, where the nobility's lack of privilege, notably their inability to escape taxation, provided a common platform for their association with other political groups. A second theme of this chapter lies in the extent to which parliament developed as a popular assembly, where policies could be publicly announced and transmitted to the localities and where redress of popular grievances could be sought. In both these respects parliament differed from its continental counterparts, giving some considerable substance to the ancient notion of ‘English exceptionalism’.Less
This chapter considers the extent to which the English parliament both resembled and, more particularly, differed from the assemblies of continental Europe, notably those of France. It uses continental comparisons to draw out and enlarge on some of the main themes treated in the preceding chapters. It shows that much of parliament's peculiar evolution can be traced back to its Anglo‐Saxon origins and to the peculiarities of English political society, where the nobility's lack of privilege, notably their inability to escape taxation, provided a common platform for their association with other political groups. A second theme of this chapter lies in the extent to which parliament developed as a popular assembly, where policies could be publicly announced and transmitted to the localities and where redress of popular grievances could be sought. In both these respects parliament differed from its continental counterparts, giving some considerable substance to the ancient notion of ‘English exceptionalism’.
Celeste L. Arrington
- Published in print:
- 2016
- Published Online:
- August 2016
- ISBN:
- 9780801453762
- eISBN:
- 9781501703379
- Item type:
- book
- Publisher:
- Cornell University Press
- DOI:
- 10.7591/cornell/9780801453762.001.0001
- Subject:
- Political Science, Asian Politics
Government wrongdoing or negligence harms people worldwide, but not all victims are equally effective at obtaining redress. This book examines the interactive dynamics of the politics of redress to ...
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Government wrongdoing or negligence harms people worldwide, but not all victims are equally effective at obtaining redress. This book examines the interactive dynamics of the politics of redress to understand why not. Relatively powerless groups like redress claimants depend on support from political elites, active groups in society, the media, experts, lawyers, and the interested public to capture democratic policymakers’ attention and sway their decisions. Focusing on when and how such third-party support matters, the book finds that elite allies may raise awareness about the victims’ cause or sponsor special legislation, but their activities also tend to deter the mobilization of fellow claimants and public sympathy. By contrast, claimants who gain elite allies only after the difficult and potentially risky process of mobilizing societal support tend to achieve more redress, which can include official inquiries, apologies, compensation, and structural reforms. The book illustrates these dynamics through comparisons of the parallel Japanese and South Korean movements of victims of harsh leprosy control policies, blood products tainted by hepatitis C, and North Korean abductions. It highlights how citizens in Northeast Asia—a region grappling with how to address Japan’s past wrongs—are leveraging similar processes to hold their own governments accountable for more recent harms. The book also reveals the growing power of litigation to promote policy change and greater accountability from decision makers.Less
Government wrongdoing or negligence harms people worldwide, but not all victims are equally effective at obtaining redress. This book examines the interactive dynamics of the politics of redress to understand why not. Relatively powerless groups like redress claimants depend on support from political elites, active groups in society, the media, experts, lawyers, and the interested public to capture democratic policymakers’ attention and sway their decisions. Focusing on when and how such third-party support matters, the book finds that elite allies may raise awareness about the victims’ cause or sponsor special legislation, but their activities also tend to deter the mobilization of fellow claimants and public sympathy. By contrast, claimants who gain elite allies only after the difficult and potentially risky process of mobilizing societal support tend to achieve more redress, which can include official inquiries, apologies, compensation, and structural reforms. The book illustrates these dynamics through comparisons of the parallel Japanese and South Korean movements of victims of harsh leprosy control policies, blood products tainted by hepatitis C, and North Korean abductions. It highlights how citizens in Northeast Asia—a region grappling with how to address Japan’s past wrongs—are leveraging similar processes to hold their own governments accountable for more recent harms. The book also reveals the growing power of litigation to promote policy change and greater accountability from decision makers.
Sandra Fredman
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780199272761
- eISBN:
- 9780191709814
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199272761.003.0006
- Subject:
- Law, Human Rights and Immigration
Even if courts can play a legitimate democratic role through positive human rights adjudication, they remain limited by their institutional structure, and particularly, the adversarial, passive, and ...
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Even if courts can play a legitimate democratic role through positive human rights adjudication, they remain limited by their institutional structure, and particularly, the adversarial, passive, and retrospective nature of the litigation process. However, there is no reason why the process cannot be adapted. The most sophisticated set of adaptations has been undertaken by the Indian Supreme Court. By recognizing the inherent inequalities in the adversarial court system, the Court has adapted its processes so that the voices of the poor and disadvantaged can be heard. This entails a series of radical adaptations: widening standing to anyone litigating in the public interest; instituting court-initiated fact finding; issuing mandatory orders which give the Court ongoing supervisory powers, and monitoring the implementation of those orders. The chapter critically assesses the Court's role with a view to establishing a model for adapting the competences of courts to address socio-economic rights.Less
Even if courts can play a legitimate democratic role through positive human rights adjudication, they remain limited by their institutional structure, and particularly, the adversarial, passive, and retrospective nature of the litigation process. However, there is no reason why the process cannot be adapted. The most sophisticated set of adaptations has been undertaken by the Indian Supreme Court. By recognizing the inherent inequalities in the adversarial court system, the Court has adapted its processes so that the voices of the poor and disadvantaged can be heard. This entails a series of radical adaptations: widening standing to anyone litigating in the public interest; instituting court-initiated fact finding; issuing mandatory orders which give the Court ongoing supervisory powers, and monitoring the implementation of those orders. The chapter critically assesses the Court's role with a view to establishing a model for adapting the competences of courts to address socio-economic rights.
Laura Jockusch
- Published in print:
- 2012
- Published Online:
- January 2013
- ISBN:
- 9780199764556
- eISBN:
- 9780199979578
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199764556.003.0001
- Subject:
- History, European Modern History, Historiography
This chapter compares Jewish responses to the anti-Jewish violence of the early twentieth century to postwar efforts by survivors to document the Holocaust. Looking at victim testimony collection ...
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This chapter compares Jewish responses to the anti-Jewish violence of the early twentieth century to postwar efforts by survivors to document the Holocaust. Looking at victim testimony collection projects that emerged in the wake of the 1903 Kishinev pogrom, World War I, the Ukrainian pogroms of 1917-1921, and the Holocaust itself (as exemplified by Emanuel Ringelblum’s Oyneg Shabes archives in the Warsaw ghetto), it argues that the historical commissions and documentation centers perpetuated a unique genre of popular history writing—khurbn-forshung (destruction research)—that eastern European Jews had already developed decades before World War II. These precursors shared the goals of communal self-defense and legal, material, and moral redress and saw documenting atrocities as a way to mourn and commemorate the dead. Although the research techniques developed by earlier documenters bear direct similarities to those used later and provide a frame of reference, local conditions in the countries where survivors found themselves after the war played an equally important role.Less
This chapter compares Jewish responses to the anti-Jewish violence of the early twentieth century to postwar efforts by survivors to document the Holocaust. Looking at victim testimony collection projects that emerged in the wake of the 1903 Kishinev pogrom, World War I, the Ukrainian pogroms of 1917-1921, and the Holocaust itself (as exemplified by Emanuel Ringelblum’s Oyneg Shabes archives in the Warsaw ghetto), it argues that the historical commissions and documentation centers perpetuated a unique genre of popular history writing—khurbn-forshung (destruction research)—that eastern European Jews had already developed decades before World War II. These precursors shared the goals of communal self-defense and legal, material, and moral redress and saw documenting atrocities as a way to mourn and commemorate the dead. Although the research techniques developed by earlier documenters bear direct similarities to those used later and provide a frame of reference, local conditions in the countries where survivors found themselves after the war played an equally important role.
Ian Scott
- Published in print:
- 2010
- Published Online:
- September 2011
- ISBN:
- 9789622091726
- eISBN:
- 9789882207578
- Item type:
- chapter
- Publisher:
- Hong Kong University Press
- DOI:
- 10.5790/hongkong/9789622091726.003.0051
- Subject:
- History, Political History
This chapter discusses and examines how the debates over rights developed in Hong Kong. It also evaluates the extent to which the post-1997 government has protected these rights. In this chapter, the ...
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This chapter discusses and examines how the debates over rights developed in Hong Kong. It also evaluates the extent to which the post-1997 government has protected these rights. In this chapter, the discussion focuses on the evolution of complaint-handling bodies for systematic problems such as corruption and on the work and functions of the Independent Commission Against Corruption (ICAC). The chapter also discusses the growth of the redress system and the issues and challenges it has encountered. In addition, the chapter aims to define individual rights, complaints which are objections of citizens to inappropriate behaviour of public officials, and redress, which is a remedy sought by a citizen against unfair administrative action.Less
This chapter discusses and examines how the debates over rights developed in Hong Kong. It also evaluates the extent to which the post-1997 government has protected these rights. In this chapter, the discussion focuses on the evolution of complaint-handling bodies for systematic problems such as corruption and on the work and functions of the Independent Commission Against Corruption (ICAC). The chapter also discusses the growth of the redress system and the issues and challenges it has encountered. In addition, the chapter aims to define individual rights, complaints which are objections of citizens to inappropriate behaviour of public officials, and redress, which is a remedy sought by a citizen against unfair administrative action.
Roy L. Brooks
- Published in print:
- 2004
- Published Online:
- March 2012
- ISBN:
- 9780520239418
- eISBN:
- 9780520939738
- Item type:
- chapter
- Publisher:
- University of California Press
- DOI:
- 10.1525/california/9780520239418.003.0001
- Subject:
- Sociology, Race and Ethnicity
The organized idea to obtain slave redress—redress for slavery and Jim Crow together—is referred to as the “black redress movement.” The movement is increasing in strength and acceptance as it ...
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The organized idea to obtain slave redress—redress for slavery and Jim Crow together—is referred to as the “black redress movement.” The movement is increasing in strength and acceptance as it becomes better understood. Better understanding is the key to its growth. The modern black redress movement is in its nascent stage, not unlike the pre-1963 civil rights movement. The modern movement began in 1989 with the introduction of a slave redress bill in Congress by Representative John Conyers. Since 1989, dozens of books, articles, and commentaries have been written about it. Comparably, several cities and states have addressed the question of slave redress in some better ways. The black redress movement is an endeavor by black Americans and others to secure redress from the federal or state governments for stolen capital on behalf of the slaves, free blacks, and their descendants.Less
The organized idea to obtain slave redress—redress for slavery and Jim Crow together—is referred to as the “black redress movement.” The movement is increasing in strength and acceptance as it becomes better understood. Better understanding is the key to its growth. The modern black redress movement is in its nascent stage, not unlike the pre-1963 civil rights movement. The modern movement began in 1989 with the introduction of a slave redress bill in Congress by Representative John Conyers. Since 1989, dozens of books, articles, and commentaries have been written about it. Comparably, several cities and states have addressed the question of slave redress in some better ways. The black redress movement is an endeavor by black Americans and others to secure redress from the federal or state governments for stolen capital on behalf of the slaves, free blacks, and their descendants.
Antônio Augusto Cançado Trindade
- Published in print:
- 2011
- Published Online:
- January 2012
- ISBN:
- 9780199580958
- eISBN:
- 9780191728785
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199580958.003.0010
- Subject:
- Law, Human Rights and Immigration
In recent years the Inter-American Court of Human Rights has taken cognizance of, and pronounced upon, a cycle of cases concerning massacres, disclosing the occurrence of true crimes of State. It was ...
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In recent years the Inter-American Court of Human Rights has taken cognizance of, and pronounced upon, a cycle of cases concerning massacres, disclosing the occurrence of true crimes of State. It was faced with the questions of the determination of the condition of victims (identified or identifiable) at distinct states of the procedure, and the determination of the aggravated responsibility of the States concerned.Attention has been drawn also to the classification or categorization of victims, and the centrality of the notion of victim in such circumstances. The Court has further dwelt upon the victims' right of redress.Less
In recent years the Inter-American Court of Human Rights has taken cognizance of, and pronounced upon, a cycle of cases concerning massacres, disclosing the occurrence of true crimes of State. It was faced with the questions of the determination of the condition of victims (identified or identifiable) at distinct states of the procedure, and the determination of the aggravated responsibility of the States concerned.Attention has been drawn also to the classification or categorization of victims, and the centrality of the notion of victim in such circumstances. The Court has further dwelt upon the victims' right of redress.
Antônio Augusto Cançado Trindade
- Published in print:
- 2011
- Published Online:
- January 2012
- ISBN:
- 9780199580958
- eISBN:
- 9780191728785
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199580958.003.0005
- Subject:
- Law, Human Rights and Immigration
Well beyond the confines of the traditional and sterile polemics between monism and dualism, the interaction between international law and domestic law has been asserted in the protection of human ...
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Well beyond the confines of the traditional and sterile polemics between monism and dualism, the interaction between international law and domestic law has been asserted in the protection of human rights. Human rights treaties themselves confer a relevant role to national tribunals. The application of the rule of exhaustion of local remedies, in the present domain of protection, bears witness of that interaction.Thus, in approaching the States' duty to provide effective local remedies and the individual's duty to have recourse to them, the emphasis lies on redress, on the realization of justice. Such is the rationale of the local remedies rule in human rights protection. State responsibility itself comes to be approached beyond the so-called subsidiarity of international proceedings.Less
Well beyond the confines of the traditional and sterile polemics between monism and dualism, the interaction between international law and domestic law has been asserted in the protection of human rights. Human rights treaties themselves confer a relevant role to national tribunals. The application of the rule of exhaustion of local remedies, in the present domain of protection, bears witness of that interaction.Thus, in approaching the States' duty to provide effective local remedies and the individual's duty to have recourse to them, the emphasis lies on redress, on the realization of justice. Such is the rationale of the local remedies rule in human rights protection. State responsibility itself comes to be approached beyond the so-called subsidiarity of international proceedings.
Celeste L. Arrington
- Published in print:
- 2016
- Published Online:
- August 2016
- ISBN:
- 9780801453762
- eISBN:
- 9781501703379
- Item type:
- chapter
- Publisher:
- Cornell University Press
- DOI:
- 10.7591/cornell/9780801453762.003.0002
- Subject:
- Political Science, Asian Politics
This chapter identifies several consistent patterns in the politics of holding the state accountable for perceived injury in Japan and Korea, as well as other advanced industrial democracies. It ...
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This chapter identifies several consistent patterns in the politics of holding the state accountable for perceived injury in Japan and Korea, as well as other advanced industrial democracies. It shows that redress outcomes tend to be less extensive if a victim group has gained early access to an elite ally because it makes the question of redress seem more like politics as usual. On the other hand, mobilizing support from the attentive public and active groups in society before gaining elite political allies gives lawmakers a range of incentives to answer victims’ demands for redress. Redress claimants do not fully control who takes up their cause and when, and democratic governments do not always respond to claimants backed by societal outrage, but conflicts that expand from the bottom up tend to produce more redress.Less
This chapter identifies several consistent patterns in the politics of holding the state accountable for perceived injury in Japan and Korea, as well as other advanced industrial democracies. It shows that redress outcomes tend to be less extensive if a victim group has gained early access to an elite ally because it makes the question of redress seem more like politics as usual. On the other hand, mobilizing support from the attentive public and active groups in society before gaining elite political allies gives lawmakers a range of incentives to answer victims’ demands for redress. Redress claimants do not fully control who takes up their cause and when, and democratic governments do not always respond to claimants backed by societal outrage, but conflicts that expand from the bottom up tend to produce more redress.
DINAH SHELTON
- Published in print:
- 2006
- Published Online:
- January 2010
- ISBN:
- 9780199207534
- eISBN:
- 9780191708794
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199207534.003.0005
- Subject:
- Law, Human Rights and Immigration
The obligation to provide effective remedies is an essential component of international human rights law. A state that fails to protect fully individuals against human rights violations or that ...
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The obligation to provide effective remedies is an essential component of international human rights law. A state that fails to protect fully individuals against human rights violations or that denies remedial rights commits an independent, further breach of law. International instruments do not clarify, however, what are considered to be ‘effective’ remedies. Nor do they indicate what remedies should be made available through international procedures in the event a state fails to afford the necessary redress. It is thus necessary to look at the theory and practice of international courts to determine what constitutes an effective remedy.Less
The obligation to provide effective remedies is an essential component of international human rights law. A state that fails to protect fully individuals against human rights violations or that denies remedial rights commits an independent, further breach of law. International instruments do not clarify, however, what are considered to be ‘effective’ remedies. Nor do they indicate what remedies should be made available through international procedures in the event a state fails to afford the necessary redress. It is thus necessary to look at the theory and practice of international courts to determine what constitutes an effective remedy.
DINAH SHELTON
- Published in print:
- 2006
- Published Online:
- January 2010
- ISBN:
- 9780199207534
- eISBN:
- 9780191708794
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199207534.003.0006
- Subject:
- Law, Human Rights and Immigration
This chapter considers the jurisdiction and competence of the various international institutions and tribunals to afford redress with respect to human rights. Close to a dozen international ...
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This chapter considers the jurisdiction and competence of the various international institutions and tribunals to afford redress with respect to human rights. Close to a dozen international procedures allow victims to denounce violations of their human rights by a state party to the relevant treaty. To enhance compliance with the human rights obligations contained in the United Nations Charter, public and private procedures address gross and systematic violations of internationally recognised human rights and thematic rapporteurs or working groups appointed by the UN Commission on Human Rights accept complaints or information about violations of specific human rights. Regional systems in Europe, the Americas, and Africa parallel and extend the global efforts. Petitions may be filed only after all effective local remedies have been exhausted and within a limited period following a final judgment of the competent local tribunal. The state thereby is given an opportunity to redress its own violations.Less
This chapter considers the jurisdiction and competence of the various international institutions and tribunals to afford redress with respect to human rights. Close to a dozen international procedures allow victims to denounce violations of their human rights by a state party to the relevant treaty. To enhance compliance with the human rights obligations contained in the United Nations Charter, public and private procedures address gross and systematic violations of internationally recognised human rights and thematic rapporteurs or working groups appointed by the UN Commission on Human Rights accept complaints or information about violations of specific human rights. Regional systems in Europe, the Americas, and Africa parallel and extend the global efforts. Petitions may be filed only after all effective local remedies have been exhausted and within a limited period following a final judgment of the competent local tribunal. The state thereby is given an opportunity to redress its own violations.
Stefan Trechsel
- Published in print:
- 2006
- Published Online:
- January 2010
- ISBN:
- 9780199271207
- eISBN:
- 9780191709623
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199271207.003.0019
- Subject:
- Law, Human Rights and Immigration, Criminal Law and Criminology
When it comes to the special rights of persons detained on remand, the European Convention on Human Rights (ECHR) refers to Article 5 section 1(c), while the International Covenant on Civil and ...
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When it comes to the special rights of persons detained on remand, the European Convention on Human Rights (ECHR) refers to Article 5 section 1(c), while the International Covenant on Civil and Political Rights (ICCPR) speaks of ‘on a criminal charge’, although the arrestee is not necessarily charged yet at the time of arrest. This chapter discusses the justification of special safeguards for those detained on remand, the right to be brought before a judge, the purpose and character of the right, the judge or other officer authorised by law to exercise judicial power, the independence and impartiality of the authority, the power to order release, the procedure before the judge, the relevance or irrelevance of situations of emergency, the limitation in time of detention on remand, criteria of reasonableness, grounds which are not relevant or sufficient to justify the continued detention, ‘special diligence’ and the conduct of the criminal proceedings, release on bail, and possibility of redress.Less
When it comes to the special rights of persons detained on remand, the European Convention on Human Rights (ECHR) refers to Article 5 section 1(c), while the International Covenant on Civil and Political Rights (ICCPR) speaks of ‘on a criminal charge’, although the arrestee is not necessarily charged yet at the time of arrest. This chapter discusses the justification of special safeguards for those detained on remand, the right to be brought before a judge, the purpose and character of the right, the judge or other officer authorised by law to exercise judicial power, the independence and impartiality of the authority, the power to order release, the procedure before the judge, the relevance or irrelevance of situations of emergency, the limitation in time of detention on remand, criteria of reasonableness, grounds which are not relevant or sufficient to justify the continued detention, ‘special diligence’ and the conduct of the criminal proceedings, release on bail, and possibility of redress.
David‐Antoine Williams
- Published in print:
- 2010
- Published Online:
- May 2011
- ISBN:
- 9780199583546
- eISBN:
- 9780191595295
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199583546.003.0003
- Subject:
- Literature, Poetry, 20th-century and Contemporary Literature
Chapter 3 begins by assessing Heaney's intellectual debts to Eliot's ideas of ‘poetic integrity’ and ‘auditory imagination’, especially as they inform his prose elaboration of the idea of poetic ...
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Chapter 3 begins by assessing Heaney's intellectual debts to Eliot's ideas of ‘poetic integrity’ and ‘auditory imagination’, especially as they inform his prose elaboration of the idea of poetic ‘redress’. If Eliot valued poetry as acting simultaneously as a guarantor of local culture and as a bridge between and among cultures, Heaney can be said to enact this duality dichotomously. This chapter traces his progression from an insular to an expansive, allusive poetics, characterizing each stage, as well as the impulse towards change, as fundamentally ethical, both in practice and upon self‐reflection. Through allusion, translation, retelling, and versioning, Heaney's late incorporative poetry takes in the gamut of writing in Europe from the earliest times to the present. In doing so, Heaney understands himself to be preserving and renewing those possessions of culture that have meant something in their own time, allowing us to keep hold on to ‘ourselves as creatures of culture’.Less
Chapter 3 begins by assessing Heaney's intellectual debts to Eliot's ideas of ‘poetic integrity’ and ‘auditory imagination’, especially as they inform his prose elaboration of the idea of poetic ‘redress’. If Eliot valued poetry as acting simultaneously as a guarantor of local culture and as a bridge between and among cultures, Heaney can be said to enact this duality dichotomously. This chapter traces his progression from an insular to an expansive, allusive poetics, characterizing each stage, as well as the impulse towards change, as fundamentally ethical, both in practice and upon self‐reflection. Through allusion, translation, retelling, and versioning, Heaney's late incorporative poetry takes in the gamut of writing in Europe from the earliest times to the present. In doing so, Heaney understands himself to be preserving and renewing those possessions of culture that have meant something in their own time, allowing us to keep hold on to ‘ourselves as creatures of culture’.
James E. Pfander
- Published in print:
- 2017
- Published Online:
- January 2017
- ISBN:
- 9780190495282
- eISBN:
- 9780190495312
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780190495282.001.0001
- Subject:
- Law, Constitutional and Administrative Law, Legal History
This book focuses on the judicial handling of constitutional tort claims arising from the war on terror, while examining the response of the federal courts to claims seeking redress for victims of ...
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This book focuses on the judicial handling of constitutional tort claims arising from the war on terror, while examining the response of the federal courts to claims seeking redress for victims of human rights abuses committed during the Bush administration. To date, in over fifteen years of litigation not a single federal appellate court has confirmed an award of damages to victims of torture and cruel, inhuman, and degrading treatment. The silence of the federal courts leaves victims without redress and the constitutional limits on government accountability undefined. Litigation to secure an award of damages for constitutional violations committed by federal officials rests on the landmark 1971 Supreme Court decision in Bivens. But the assertion of tort-based claims against federal officers traces its origins to eighteenth century English common law. The book summarizes the history of common-law accountability, traces the rise of Bivens claims, surveys the post-Bivens history of constitutional tort litigation, and focuses on Bivens litigation arising out of the war on terror. After demonstrating that Bivens litigation has wholly failed in the war-on-terror context, the book considers and rejects the arguments for judicial deference that some have put forward to explain and justify this failure. The book argues that the Supreme Court must fundamentally rethink its Bivens jurisprudence. Rather than treating the national security context as a special reason for deferring to the executive, the modern Court should take a page from the nineteenth century, presume the viability of constitutional tort claims, and proceed to the merits.Less
This book focuses on the judicial handling of constitutional tort claims arising from the war on terror, while examining the response of the federal courts to claims seeking redress for victims of human rights abuses committed during the Bush administration. To date, in over fifteen years of litigation not a single federal appellate court has confirmed an award of damages to victims of torture and cruel, inhuman, and degrading treatment. The silence of the federal courts leaves victims without redress and the constitutional limits on government accountability undefined. Litigation to secure an award of damages for constitutional violations committed by federal officials rests on the landmark 1971 Supreme Court decision in Bivens. But the assertion of tort-based claims against federal officers traces its origins to eighteenth century English common law. The book summarizes the history of common-law accountability, traces the rise of Bivens claims, surveys the post-Bivens history of constitutional tort litigation, and focuses on Bivens litigation arising out of the war on terror. After demonstrating that Bivens litigation has wholly failed in the war-on-terror context, the book considers and rejects the arguments for judicial deference that some have put forward to explain and justify this failure. The book argues that the Supreme Court must fundamentally rethink its Bivens jurisprudence. Rather than treating the national security context as a special reason for deferring to the executive, the modern Court should take a page from the nineteenth century, presume the viability of constitutional tort claims, and proceed to the merits.
Pablo Cortés (ed.)
- Published in print:
- 2016
- Published Online:
- January 2017
- ISBN:
- 9780198766353
- eISBN:
- 9780191833601
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198766353.001.0001
- Subject:
- Law, EU Law
This book examines the impact of the new EU law in the field of consumer redress. Part I of the volume examines the new European legal framework and the main methods of consumer redress, including ...
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This book examines the impact of the new EU law in the field of consumer redress. Part I of the volume examines the new European legal framework and the main methods of consumer redress, including mediation, arbitration, and ombudsman schemes. Part II analyses the implementation of the ADR Directive in nine Member States with very different legal cultures for consumer redress, namely, Belgium, Ireland, Italy, Germany, France, Portugal, Spain, the Netherlands, and the UK, as well as the distinct approach taken in the US. Part III evaluates new trends in consumer ADR (CDR) by identifying best practices and looking at future trends in the field. In particular, it offers a vision of the future of CDR which is more than a mere dispute resolution tool: it proposes a model of a dispute system design for CDR; it examines the challenges of cross-border disputes; it proposes a strategy to promote mediation; and it identifies good practices for CDR and collective redress. The book concludes by calling for the mandatory participation of traders in CDR.Less
This book examines the impact of the new EU law in the field of consumer redress. Part I of the volume examines the new European legal framework and the main methods of consumer redress, including mediation, arbitration, and ombudsman schemes. Part II analyses the implementation of the ADR Directive in nine Member States with very different legal cultures for consumer redress, namely, Belgium, Ireland, Italy, Germany, France, Portugal, Spain, the Netherlands, and the UK, as well as the distinct approach taken in the US. Part III evaluates new trends in consumer ADR (CDR) by identifying best practices and looking at future trends in the field. In particular, it offers a vision of the future of CDR which is more than a mere dispute resolution tool: it proposes a model of a dispute system design for CDR; it examines the challenges of cross-border disputes; it proposes a strategy to promote mediation; and it identifies good practices for CDR and collective redress. The book concludes by calling for the mandatory participation of traders in CDR.
Carol Harlow
- Published in print:
- 2002
- Published Online:
- March 2012
- ISBN:
- 9780199245970
- eISBN:
- 9780191697517
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199245970.003.0007
- Subject:
- Law, EU Law, Constitutional and Administrative Law
This chapter discusses the liberal democratic theory which sets law at the centre of constitutional machinery for securing limited government and accountability. An effective and accessible justice ...
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This chapter discusses the liberal democratic theory which sets law at the centre of constitutional machinery for securing limited government and accountability. An effective and accessible justice system is the way to provide the element of individual redress and reparation and, where appropriate, sanction, which form essential components of accountability systems. This chapter also discusses the formation and achievements of the European Court of Justice in constructing a system of legal accountability. Discussions on the concept of a perverted democracy where the balance of power is tilted too far towards a non-accountable judiciary are also presented. A substantial relocation of power from parliamentary institutions towards a non-elected judiciary is a feature of transnational governance, linked to the dominance of economic and commercial interests, and autonomous from political interests.Less
This chapter discusses the liberal democratic theory which sets law at the centre of constitutional machinery for securing limited government and accountability. An effective and accessible justice system is the way to provide the element of individual redress and reparation and, where appropriate, sanction, which form essential components of accountability systems. This chapter also discusses the formation and achievements of the European Court of Justice in constructing a system of legal accountability. Discussions on the concept of a perverted democracy where the balance of power is tilted too far towards a non-accountable judiciary are also presented. A substantial relocation of power from parliamentary institutions towards a non-elected judiciary is a feature of transnational governance, linked to the dominance of economic and commercial interests, and autonomous from political interests.
