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Remedies in International Human Rights Law$
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Dinah Shelton

Print publication date: 2006

Print ISBN-13: 9780199207534

Published to Oxford Scholarship Online: January 2010

DOI: 10.1093/acprof:oso/9780199207534.001.0001

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Compensation

Compensation

Chapter:
(p.291) 9 Compensation
Source:
Remedies in International Human Rights Law
Author(s):

DINAH SHELTON

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199207534.003.0010

Both corrective justice (focusing on fairness to the victim) and the economic model (focusing on incentives to the wrongdoer) call for damages that equal the full value of the injury to the victim. The primary function of corrective justice is to rectify the harm done a victim of wrongdoing. Corrective justice generally aims at restitution or compensation for loss, assuming that when victims are made whole, wrongdoers are sanctioned and deterred from engaging in future misconduct. Damages are incapable of restoring or replacing the rights that have been violated and, as a substitute remedy, are sometimes inadequate to redress fully the harm. Damage awards, however, supply the means for whatever part of the former life and projects remain possible and may allow for new ones. For this reason, ‘compensation is inevitably a second-best response that comes into play when full rectification is impossible’.

Keywords:   compensation, remedies, corrective justice, damages, economic model

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