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as any other claim, with a determination as to whether and to what extent it is
quantifiable; and, if not quantifiable, what fair order may be made with a view to
remedying the consequences of the particular violation or violations, as far as is
possible in the particular circumstances.
There is, therefore, no call and no room, in my opinion, for new categories of
redress to be imported into the jurisprudence of the Court, particularly if such
categories are defined in broad and sweeping terms. Article 63 of the Convention
authorises the Court to
rule, if appropriate, that the consequences of the measure or situation that
constituted the breach... be remedied and that fair compensation be paid to
the injured party”. (Emphasis added).
Such language already provides the Court with a considerable margin of judicial
discretion, wider, indeed, than that enjoyed by the European Court of Human
Rights under the corresponding provision of the European Convention (Article 50).
If to this is super-added a novel and broadly-conceived head of damages, the
juridical security vital to the functioning of the protective system may be put, in my
view unnecessarily, at serious risk.
Oliver Jackman
Judge
Manuel E. Ventura-Robles
Secretary