Just Satisfaction: European Court of Human Rights (ECtHR)
Elisabeth Lambert, Ceren Ezgi Özlü
- International courts and tribunals, procedure — Remedies and costs
Published under the direction of Hélène Ruiz Fabri, with the support of the Department of International Law and Dispute Resolution, under the auspices of the Max Planck Institute Luxembourg for Procedural Law.
1 The concept of ‘just’ satisfaction does not lend itself to a clear definition. According to Article 41 European Convention for the Protection of Human Rights and Fundamental Freedoms (1950) (‘ECHR’ or ‘Convention’), ‘if the Court finds that there has been a violation of the Convention or the Protocols thereto, and if the internal law of the High Contracting Party concerned allows only partial reparation to be made, the Court shall, if necessary, afford just satisfaction to the injured party’. The former Article 50 (currently Article 41) was ‘the first provision...