The Impact of the Contribution of Injured Person in Creating or Worsening Damage on International Responsibility of State which Violates Human Rights with  mphasis on Jurisprudence of European Court of Human Rights

Zamani, Seyed Ghasem; Bazar, Vahid

The Impact of the Contribution of Injured Person in Creating or Worsening Damage on International Responsibility of State which Violates Human Rights with mphasis on Jurisprudence of European Court of Human Rights

Document Type : Original Article

Authors

Seyed Ghasem Zamani ¹

vahid bazar ²

¹ Associate Professor of Allameh Tabataba'i University

² asd

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 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 injured
person in creating or worsening damage for breaching human rights, this article tries to examine jurisprudence of European Court of Human Rights.

Keywords

Keywords: the contribution of injured person

human rights

international responsibility

European Court of Human Rights

duty to mitigate

20.1001.1.23225637.1397.7.2.1.2

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