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A NUDGE IN THE RIGHTS DIRECTION? REDESIGNING THE ARCHITECTURE OF HUMAN RIGHTS REMEDIES

Project description

Incentives to encourage states to improve their human rights records

How can monetary and non-monetary remedies change states' behaviour? The EU-funded HRNUDGE project seeks to answer this question. HRNUDGE will conduct an empirical study of the case law of the European Court of Human Rights to determine compliance practices of different European states and establish their link to various remedies. It will examine whether states are more likely to obey human rights courts when told to pay a fine or change their laws, or rather when they are given discretion to protect rights according to their own local values. The project will use computer simulation to predict waves of compliance and disregard of human rights and explore the dynamics of state behaviour in relation to human rights obligations.

Objective

Recent years have seen a renewed interest in the effectiveness of human rights law and judgments, yet almost no attention has been given to the impact of remedies on states’ compliance practices or the internalisation of human rights into their domestic legal systems. Through a combination of quantitative and qualitative research in six countries, the project aims to expose the dynamics of the (non)compliant state and the efficacy of different types of remedies in changing the behaviour of human rights violators. These goals will be achieved through three sub-studies: (1) an empirical study of the case law of the European Court of Human Rights (ECtHR) to determine the compliance and internalisation practices and their link to different remedies; (2) the exploration and analysis of states’ internalisation practices and policies (including the identification of players that shape this practice) to determine whether remedies play a crucial role in shifting states’ actions; (3) a computer simulation to discover how we can change the architecture of human rights remedies to increase compliance and internalisation, and to deter future violations.
The central aim of the project is to identify new remedy options – incentives or nudges – which human rights institutions can use to deter future violations. Using the example of the ECtHR and its caselaw, the research will build on insights from behavioural economics to interrogate widespread assumptions about monetisation of human rights, public shaming, and deference shown to states in the specification of remedies. Through computer simulation, the project will aim to predict how monetary and non-monetary remedies could be used separately or together to alter the behaviour of states and their key players. The research will be ground-breaking in many ways, reshaping the field of human rights remedies and contributing crucially to the emerging field of behavioural international law.

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Programme(s)

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Topic(s)

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Funding Scheme

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ERC-STG - Starting Grant

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Call for proposal

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(opens in new window) ERC-2018-STG

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Host institution

UNIVERSITY COLLEGE LONDON
Net EU contribution

Net EU financial contribution. The sum of money that the participant receives, deducted by the EU contribution to its linked third party. It considers the distribution of the EU financial contribution between direct beneficiaries of the project and other types of participants, like third-party participants.

€ 517 550,76
Address
GOWER STREET
WC1E 6BT LONDON
United Kingdom

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Region
London Inner London — West Camden and City of London
Activity type
Higher or Secondary Education Establishments
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Total cost

The total costs incurred by this organisation to participate in the project, including direct and indirect costs. This amount is a subset of the overall project budget.

€ 517 550,76

Beneficiaries (3)

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