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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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Declaratory Judgments

Declaratory Judgments

Chapter:
(p.255) 7 Declaratory Judgments
Source:
Remedies in International Human Rights Law
Author(s):

DINAH SHELTON

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199207534.003.0008

From the perspective of a defendant state, a declaratory judgment is the least intrusive remedy that a tribunal can afford the victim of a human rights violation. If the state concerned is committed to the rule of law, a declaratory judgment still should be effective to end the violation and prevent similar breaches in the future. In fact, for states committed to upholding a treaty and fulfilling in good faith their obligations, the adjudication itself may be of greatest significance. Generally, however, a declaratory judgment will not in and of itself be an adequate remedy. Nor should it be used to deter unsympathetic victims from seeking a remedy by denying them redress. It is the beginning, rather than the end, of remedies.

Keywords:   declaratory judgments, remedies, human rights, human rights violations, adjudication, defendant state

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