EUI The Effectiveness of Non-Pecuniary Remedy Orders. A comparative study of the European and Inter-American Human Rights Systems

After the finding of a human rights violation, human rights courts order certain measures for securing redress to victims. Measures which are not monetary compensation are called non-pecuniary remedies. My research focuses on this type of remedies, observing that the most important regional human rights courts (i.e. the European Court of Human Rights (ECtHR) and the Inter-American Court of Human Rights (IACtHR)) have different practices when it comes to their selection and use. The IACtHR has been praised for its particular approach to the redress of human rights violations, ordering innovative measures such as the nomination of a street after a victim or the production of documentaries, but faces a compliance crisis. Research indicates that mostly pecuniary remedies are implemented at the national levels, while non-pecuniary remedies face difficulties in being accepted and therefore implemented by states. These findings raise several questions: Why are regional human rights courts increasingly ordering non-pecuniary remedies when these orders are not usually complied with by the states? What criteria human rights courts use for the selection of non-pecuniary remedies? What is the link between violation and remedy? Who are the subjects benefiting from non-pecuniary remedies? What is the purpose of such remedies? What is the lesson to be learned, if any, from the vast experience of the IACtHR?

How effective are non-pecuniary remedies ordered by regional human rights courts? Whereas the ECtHR reform process stresses the importance of effective remedy measures to tackle its backlog, the IACtHR – praised for its particular approach to innovative r emedies- faces a compliance crisis. Research shows that mostly pecuniary remedies are implemented at domestic levels, while non-pecuniary remedies are ignored by states. This thesis examines how effectively non-pecuniary remedy orders are complied with. F irstly, the study will review theories and the regional courts' practice involving remedy compliance. Secondly, it will feature a comparative analysis of the practice of three states subject to each regional court. This study will build on effectiveness t heories and will help to understand the regional courts' goals and effects. The comparative approach will contribute to examine whether dialogue across regions exists. The Effectiveness of Non-pecuniary Remedies.pdf