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Just Satisfaction under Art. 41 ECHR: a Quantitative Analysis

Head of Section:

Anne Peters

   

Staff member(s):

Szilvia Hámori

B.A. in German with French, European Studies at Queen Mary, University of London (1995–1999). Visiting student at Heidelberg University (1997–1998). Continued studies at the London School of Economics and Political Science (LSE): Diploma in Economics (1999–2000) and M.Sc. in Economics (2000–2001). Completed doctoral course program in Economics and Ph.D. in Economics at Center for Doctoral Studies in Economics (CDSE), University of Mannheim (2001–2008). Researcher at Institute of Economics, Hungarian Academy of Sciences (2007–2011). Researcher at ZHAW Zurich University of Applied Sciences, School of Health Professions, Centre for Health Sciences (since 2012).

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Tilmann Altwicker

Studies in Law and Philosophy at the University of Heidelberg (1997–2002). First State Examination, Baden-Württemberg (2002), Second State Examination, Rhineland-Palatinate (2005). Optional stage at the Max-Planck-Institute for Comparative Public Law and International Law (2004–2005). LL.M. in Human Rights at the Central European University in Budapest, Hungary (2005–2006). DAAD-Lecturer in Law at the Eötvös Loránd University in Budapest, Hungary (2008–2011). Ph.D. in Law at the University of Mannheim (2010). Research Assistant at the Institute for International Law and Comparative Constitutional Law, University of Zurich, Switzerland (Chair of Diggelmann) and at the Chair for Legal Theory, Legal Sociology and International Public Law (Mahlmann) (2011–2013). PostDoc at the University of Basel (2010–present). Lecturer in International Law and Public Law at the University of Zurich (2011–present). Head of the SNF-Research Group “Transnational Public Security Law” at the University of Basel (2013–present.

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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 first part of the project focuses on violations of Convention rights involving the impairment of the individual’s "health ". This part seeks to address the following questions: How can the concept of "health" be defined in the ECHR context? That is, which articles concern “health” issues? What role do impairments of an individual’s health play in determining the amount of “just satisfaction”?

 

http://ssrn.com/abstract=2631404

 

The second part of the project focuses on violations of the right to property (Article 1 Prot. No. 1 ECHR). The focus is on analyzing the relationship between the severity of the violation of the right to property and the amount of “just satisfaction” awarded.

 

The third part of the project addresses questions on compliance concerning both “health violations” and “property violations”.

Publications

  • Anne Peters, Szilvia Altwicker-Hámori, Tilmann Altwicker: 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)