This article explores whether the Court's new and bold remedial strategy aimed at ordering restitutio in integrum and the adoption of legal and administrative measures, has been systematic and whether it has been applied to remedy violations of Convention rights other than the right to property and the right to liberty and security. In doing so, this article takes a right to health perspective. It analyses whether the ECtHR, between 2002 and 2009, has ordered specific non-monetary reparations concerning violations of the right to health of prisoners and detainees, arising under Article 3 of the ECHR's fundamental prohibition of torture or inhuman or degrading treatment of punishment.Today, the article was not available electronically yet on the site of the journal itself, but it is accessible for academic subscribers through HeinOnline.
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Friday, 13 August 2010
Article on ECtHR and Non-Monetary Relief
The newest issue of the Harvard Human Rights Journal (vol. 23, no. 1, 2010) features an article by Ingrid Nifosi-Sutton of American University Washington College on Law, entitled 'The power of the European Court of Human Rights to order specific non-monetary relief: a critical appraisal from a right to health perspective'. This is what the article deals with: