Compensation for Human Rights Violations in Estonia
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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.
KeywordsPublic Authority English Version Civil Procedure Injured Person Administrative Authority
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