Prejudiciul moral și drepturile omului: răspunsurile CEDO [Articol]

Abstract

The European Court of Human Rights (ECtHR) has, over time, reaffirmed in its jurisprudence the recognition of various forms of moral damage and the essential importance of compensation for them. The development of this jurisprudence has extended protection not only to natural persons but also to legal persons, establishing their right to seek compensation for moral damage suffered. Compensation awarded by the ECtHR may be financial or may consist of official recognition of the violation, underlining a fair approach to victims. The Court assesses the gravity of the harm and the specific circumstances of each case, based on the principles of equity and proportionality. Although the difficulty of accurately assessing moral damage is recognised, the compensation process is in line with existing practice and the principle of proportionality. The article emphasises the importance of the protection of non-patrimonial rights and their development in the context of international law, highlighting the crucial role of the ECtHR in strengthening these rights.