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Procedural fairness : between human rights law and social psychology

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Abstract
Fair procedures have long been a topic of great interest for human rights lawyers. Yet, few authors have drawn on research from other disciplines to enrich the discussion. Social psychological procedural justice research has demonstrated in various applications that, besides the final outcome, the manner in which one’s case is handled matters to people as well. Such research has shown the impact of procedural justice on individuals’ well-being, their acceptance of unfavourable decisions, perceptions of legitimacy and public confidence. The ECtHR has confirmed the desirability of these effects in its fair trial jurisprudence. Thus far, it remains unclear to what extent the guarantees offered by Article 6(1) of the European Convention on Human Rights (the right to a fair trial) coincide with the findings of empirical procedural justice research. This article aims to rectify this and uncover similarities between the two disciplines.
Keywords
Procedural fairness, procedural justice, right to fair trial, Article 6(1) ECHR, ECtHR

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MLA
Van de Graaf, Cathérine. “Procedural Fairness : Between Human Rights Law and Social Psychology.” NETHERLANDS QUARTERLY OF HUMAN RIGHTS, vol. 39, no. 1, 2021, pp. 11–29, doi:10.1177/0924051921992749.
APA
Van de Graaf, C. (2021). Procedural fairness : between human rights law and social psychology. NETHERLANDS QUARTERLY OF HUMAN RIGHTS, 39(1), 11–29. https://doi.org/10.1177/0924051921992749
Chicago author-date
Van de Graaf, Cathérine. 2021. “Procedural Fairness : Between Human Rights Law and Social Psychology.” NETHERLANDS QUARTERLY OF HUMAN RIGHTS 39 (1): 11–29. https://doi.org/10.1177/0924051921992749.
Chicago author-date (all authors)
Van de Graaf, Cathérine. 2021. “Procedural Fairness : Between Human Rights Law and Social Psychology.” NETHERLANDS QUARTERLY OF HUMAN RIGHTS 39 (1): 11–29. doi:10.1177/0924051921992749.
Vancouver
1.
Van de Graaf C. Procedural fairness : between human rights law and social psychology. NETHERLANDS QUARTERLY OF HUMAN RIGHTS. 2021;39(1):11–29.
IEEE
[1]
C. Van de Graaf, “Procedural fairness : between human rights law and social psychology,” NETHERLANDS QUARTERLY OF HUMAN RIGHTS, vol. 39, no. 1, pp. 11–29, 2021.
@article{8694048,
  abstract     = {{Fair procedures have long been a topic of great interest for human rights lawyers. Yet, few authors have drawn on research from other disciplines to enrich the discussion. Social psychological procedural justice research has demonstrated in various applications that, besides the final outcome, the manner in which one’s case is handled matters to people as well. Such research has shown the impact of procedural justice on individuals’ well-being, their acceptance of unfavourable decisions, perceptions of legitimacy and public confidence. The ECtHR has confirmed the desirability of these effects in its fair trial jurisprudence. Thus far, it remains unclear to what extent the guarantees offered by Article 6(1) of the European Convention on Human Rights (the right to a fair trial) coincide with the findings of empirical procedural justice research. This article aims to rectify this and uncover similarities between the two disciplines.}},
  author       = {{Van de Graaf, Cathérine}},
  issn         = {{0924-0519}},
  journal      = {{NETHERLANDS QUARTERLY OF HUMAN RIGHTS}},
  keywords     = {{Procedural fairness,procedural justice,right to fair trial,Article 6(1) ECHR,ECtHR}},
  language     = {{eng}},
  number       = {{1}},
  pages        = {{11--29}},
  title        = {{Procedural fairness : between human rights law and social psychology}},
  url          = {{http://dx.doi.org/10.1177/0924051921992749}},
  volume       = {{39}},
  year         = {{2021}},
}

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