Summary information

Study title

Non-Pecuniary Damages for Human Rights Violations, 2003-2016

Creator

Fikfak, V, University of Cambridge

Study number / PID

854867 (UKDA)

10.5255/UKDA-SN-854867 (DOI)

Data access

Information not available

Series

Not available

Abstract

When individuals are mistreated by European governments, the European Court of Human Rights is responsible for reviewing state actions under the European Convention of Human Rights. If the individuals are successful in proving a violation, the ECtHR may award them damages for the treatment suffered. The dataset contains the non-pecuniary damage amounts for each victim of human rights violations in three types of cases that the ECtHR has decided from 2003 to 2016: cases of torture, inhuman and degrading treatment (article 3), cases of arbitrary detention (Article 5) and cases of violations of the right to life (article 2). The dataset contains details of what happened in each case (which violations the Court recognised), as well as characteristics of each of the victims (gender, age etc). All three files together, contain information about 3169 victims of human rights violations, along with the details of the legal qualifications of state conduct against these victims.When individuals are mistreated by European governments, the European Court of Human Rights is responsible for reviewing state actions under the European Convention of Human Rights. If the individuals are successful in proving a violation, the ECtHR may award them damages for the treatment suffered. Whilst domestic courts of the 47 Council of Europe (COE) Member States, over which the Court has jurisdiction, usually award damages on the basis of scales that are public, this is not the case with the ECtHR. The Court sets out no rules or guidelines as to when individuals are likely to get compensation; it also does not explain which elements of their treatment applicants should emphasise nor how much they should ask for. There is no information about maximum or minimum amounts awarded to individuals for specific violations nor about how claims in one case might compare to those in other cases. Often, individuals turning to the Court ask for millions of euros in damages, but only receive a few...
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Methodology

Data collection period

01/01/2016 - 31/01/2019

Country

United Kingdom

Time dimension

Not available

Analysis unit

Individual
Organization

Universe

Not available

Sampling procedure

Not available

Kind of data

Numeric
Text

Data collection mode

Data collected from the judgments of the ECtHR, which were accessed from hudoc.echr.coe.int, additional manual coding. Approach to coding explained in the coding tree.

Funding information

Grant number

ES/N000927/1

Access

Publisher

UK Data Service

Publication year

2021

Terms of data access

The Data Collection only consists of metadata and documentation as the data could not be archived due to legal, ethical or commercial constraints. For further information, please contact the contact person for this data collection.

Related publications

Not available