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12 - A Normative and Contextual Reading

Published online by Cambridge University Press:  11 August 2022

Michael Reiertsen
Affiliation:
Borgarting Court of Appeals, Norway
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Summary

Chapter 12 provides normative and contextual depth that may contribute to our understanding of how Article 13 could be further developed (or not) by the Court. The goal is not to provide answers as to how every requirement should be developed, but to illustrate the role Article 13 could have in regulating, more generally, the relationship between international and national protection of human rights. It does so by illustrating how different perceptions of fundamental normative concepts values and structure underlying Covnention law and four contextual factors may influence how judges construe, apply, and develop Article 13.

Type
Chapter
Information
Effective Domestic Remedies and the European Court of Human Rights
Applications of the European Convention on Human Rights Article 13
, pp. 242 - 276
Publisher: Cambridge University Press
Print publication year: 2022

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