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Just Satisfaction under Art. 41 ECHR: a Quantitative Analysis

Head of Section:

Anne Peters

   

Staff member(s):

Szilvia Altwicker-Hámori

Tilmann Altwicker


Individuals have the right to lodge a complaint with the European Court of Human Justice (ECtHR). In cases where the ECtHR finds a violation, it may award "just satisfaction" under Article 41 of the European Convention on Human Rights (ECHR). However, there is no specific "formula" for the amount of “just satisfaction”, the Court decides on its own discretion based on past cases. 

 

This project is an empirical analysis. It aims at examining the relationship between the amount of "just satisfaction" an applicant is awarded and case related as well as individual characteristics. The project is divided into three parts and is structured as follows:

 

The (completed) first part of the project focussed on the problem of awards in respect of non-pecuniary damage under Art. 41 ECHR in situations involving single violations of Convention rights. This part empirically tested the “equity principle” used by the European Court of Human Rights (ECtHR), finding a consistent pattern of decision-making regarding the amounts awarded in respect of non-pecuniary damage. On this basis, an innovative “hierarchy” of Convention rights could be developed (see Altwicker-Hámori et al. 2016 and SSRN)

 

The second (ongoing) part of the project deals with situations of multiple violations of Convention rights.

Publications

  • Szilvia Altwicker-Hámori, Tilmann Altwicker, Anne Peters: Measuring Violations of Human Rights: An Empirical Analysis of Awards in Respect of Non-Pecuniary Damage under the European Convention on Human Rights. In: Zeitschrift für ausländisches öffentliches Recht und Völkerrecht 76, 1-51 (2016).
  • Working Paper: Measuring Human Rights Violations (PDF, 713.3 KB)