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Part IV The Substance of Redress, 11 Compensation

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

Dinah Shelton

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2022. All Rights Reserved.date: 20 May 2022

Torture — Gross violations — Human rights remedies — Compensation — Damages
Both corrective justice (focusing on fairness to the victim) and economic models (focusing on incentives to the wrongdoer) call for damages that equal the full value of the injury to the victim. They are inevitably retrospective; an ex post remedy that is granted after harm has occurred. The economic approach to law holds that the wrongdoer should be made to internalize the costs of causing harm in order to have the optimum incentive to avoid injuring others.1 The primary function of corrective justice is to rectify the harm done a victim of wrongdoing.2...
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