Advertisement

Compensation for Human Rights Violations in Estonia

  • Ene AndresenEmail author
Chapter
  • 625 Downloads
Part of the Ius Comparatum - Global Studies in Comparative Law book series (GSCL, volume 9)

Abstract

This article aims to highlight the main features of Estonian state liability law concerning the monetary compensation for human rights violations with an emphasis on damage caused unlawfully by an administrative public authority.

As a form of reparation, the right to compensation for damage of individuals suffering from violations of human rights enjoys a strong constitutional protection in Estonia. Being a fundamental right under the Estonian Constitution, the right to compensation for damage can also be enforced in situations where there is no law governing the compensation for damage.

The Estonian state liability law is an area of public law. In order to guarantee the fundamental right to compensation for damage in public law relationships, the State Liability Act and some special laws set forth different claims for damages. Damages for violations of human rights are governed by the general provisions of state liability law on compensation for damage.

Though the claims for damages have been shaped by the laws, the central role in developing this area of law has been played by the courts. The Estonian courts, especially the Chambers of the Supreme Court, have attentively considered the practice of the European Court of Human Rights. Both the domestic legislation and court practice are addressed in this article.

Keywords

Public Authority English Version Civil Procedure Injured Person Administrative Authority 
These keywords were added by machine and not by the authors. This process is experimental and the keywords may be updated as the learning algorithm improves.

References

  1. Andresen, Ene. 2005. The claim for elimination of unlawful consequences and the claim for compensation for damage under Estonian state liability law. Juridica International 10: 168–179.Google Scholar
  2. Andresen, Ene. 2006. State liability without the liability of state: Constitutional problems related to individual professional liability of Estonian Notaries, Bailiffs and Sworn Translators. Juridica International 11: 146–157.Google Scholar
  3. Andresen, Ene. 2010. The law aids the vigilant, not the negligent: The obligation to use primary legal remedies under Estonian state liability law. Juridica International 17: 116–127.Google Scholar
  4. Rohtmets, Eve. 2012. Case-law of the European Court of Human Rights in decisions of the Supreme Court of Estonia. The English version of this case-law analysis is available at www.riigikohus.ee/vfs/1364/Article%20by%20Estonian%20Supreme%20Court.pdf. Accessed 1 Nov 2014.

Copyright information

© Springer International Publishing Switzerland 2016

Authors and Affiliations

  1. 1.Faculty of LawUniversity of TartuTartuEstonia

Personalised recommendations