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Part II The Institutional Framework, 4 Domestic Remedies

From: Remedies in International Human Rights Law (3rd Edition)

Dinah Shelton

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 22 September 2023

Access to justice — Economic, social, and cultural rights — Human rights remedies — Damages
Today, most states accept that individuals are entitled to a remedy if they have suffered some injury, whether physical, pecuniary, or moral, proximately caused by a wrongful act attributable to the state. The standard or duty of care may range from strict liability to accountability for intentional or specifically motivated behaviour. Most written constitutions explicitly secure remedial rights; where they do not, judicial bodies often infer a remedy. In the English case of Ashby v. White,1 Chief Justice Holt proclaimed: ‘If the plaintiff has a right, he must of...
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