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1 - Setting the Scene

Published online by Cambridge University Press:  11 August 2022

Michael Reiertsen
Affiliation:
Borgarting Court of Appeals, Norway
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Summary

Chapter 1 accounts for the goals and limits of the book and provides an overview of the content, uncertainty, and development of Article 13 in the Court's case law. It describes how Article 13 has developed into a proper right encompassing both procedural rights of access to justice and a substantive right to redress. It, also, explains how Article 13 not only grants a right for the individual, but is an important expression of the principle of subsidiarity upon which the system for the protection of human rights under the Convention is based. Yet, even though the case law concerning Article 13 is abundant, there is still considerable uncertainty concerning the content and scope of the obligations arising therefrom. Further, the case law reveals diverging opinions among judges as to how Article 13 could be further developed. This is connected to the Court's case load and the calls for the improvement of domestic remedies and a more subsidiary protection of human rights, most notably, in the process of reform of the Court and Convention system. How Article 13 could and should be a tool (or not) to mitigate such systemic concerns is a central part of the normative goal of the book.

Type
Chapter
Information
Effective Domestic Remedies and the European Court of Human Rights
Applications of the European Convention on Human Rights Article 13
, pp. 1 - 12
Publisher: Cambridge University Press
Print publication year: 2022

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  • Setting the Scene
  • Michael Reiertsen
  • Book: Effective Domestic Remedies and the European Court of Human Rights
  • Online publication: 11 August 2022
  • Chapter DOI: https://doi.org/10.1017/9781009153539.004
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  • Setting the Scene
  • Michael Reiertsen
  • Book: Effective Domestic Remedies and the European Court of Human Rights
  • Online publication: 11 August 2022
  • Chapter DOI: https://doi.org/10.1017/9781009153539.004
Available formats
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Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Setting the Scene
  • Michael Reiertsen
  • Book: Effective Domestic Remedies and the European Court of Human Rights
  • Online publication: 11 August 2022
  • Chapter DOI: https://doi.org/10.1017/9781009153539.004
Available formats
×