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2010 | Ingrid Nifosi Sutton: ‘The Power of the European Court of Human Rights to Order Specific Non-Monetary Relief: a Critical Appraisal from a Right to Health Perspective’

 in: Harvard Human Rights Journal (vol. 23 no.1, 2010)

This article explores whether the European Court of Human Right’s new and bold remedial strategy aimed at ordering restitutio in integrum and the adoption of legal and administrative measures, has been systematic and whether it has been applied to remedy violations of Convention rights other than the right to property and the right to liberty and security. In doing so, this article takes a right to health perspective. It analyses whether the ECtHR, between 2002 and 2009, has ordered specific non-monetary reparations concerning violations of the right to health of prisoners and detainees, arising under Article 3 of the ECHR's fundamental prohibition of torture or inhuman or degrading treatment of punishment.