State Civil Liability for Human Rights Violations with Emphasis on the Practice of International Bodies
Keywords:
Civil liability of the state, violation of human rights, compensation, international jurisprudenceAbstract
State civil liability for human rights violations is regarded as one of the most important mechanisms for ensuring the implementation of international obligations and the effective protection of individuals’ fundamental rights. The development of international supervisory and judicial systems in recent years has led to a transformation in the foundations, conditions of establishment, and methods of reparation for damage arising from States’ breaches of human rights obligations. This article aims to explain the conceptual and legal framework of State civil liability in the field of human rights and to analyze the criteria for its establishment. It addresses the following questions: what are the foundations and elements of State civil liability for human rights violations in international law; what criteria do international judicial bodies apply in determining violation and attribution; and what models of reparation have emerged? The research method is descriptive-analytical and is based on the study of documents and judicial practice. Accordingly, by focusing on the decisions of international bodies, particularly the International Court of Justice and the European Court of Human Rights, the article examines the criteria for establishing violation, the rules governing the attribution of conduct by State agents, the role of States’ positive obligations, and methods of reparation. The findings indicate that the model of State responsibility in the field of human rights has moved from a fault-based approach toward an obligation-based and protection-oriented approach, and that the scope of responsibility for both acts and omissions has expanded. Nevertheless, challenges such as the effective enforcement of reparatory judgments, conflict with State immunity, and ambiguity in certain criteria of attribution persist. Finally, the article presents solutions for strengthening the effectiveness of the system of State responsibility in the field of human rights.
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