Seyed Ghasem Zamani; vahid bazar
Volume 7, Issue 2 , December 2018, , Pages 9-24
Abstract
The victim's contribution of violation of human rights in creating or worsening of damage is one of the factors that causes to not enforce the principle of full reparation of ...
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The victim's contribution of violation of human rights in creating or worsening of damage is one of the factors that causes to not enforce the principle of full reparation of damage and, in proportion to this participation, be reduced by the amount of determinable compensation. However, in plurality of victims, the contribution of each of them will only affect the determination of compensation for the same victim.The European Court of Human Rights has considered this rule in its jurisprudence.According to The Court, the contribution of injured person is not considered as a precluding wrongfulness circumstance, but as an effective factor in determining the amount of compensation. However, there is no specific rule as to how such a reduction is to be calculated, and The Court basically determines this amount on an equitable basis. In addition to considering the impact of the contribution of injuredperson in creating or worsening damage for breaching human rights, this article tries to examine jurisprudence of European Court of Human Rights.
