Procedural fairness : between human rights law and social psychology
- Author
- Cathérine Van de Graaf (UGent)
- Organization
- 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, HRC
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Citation
Please use this url to cite or link to this publication: http://hdl.handle.net/1854/LU-8694048
- 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,HRC}},
language = {{eng}},
number = {{1}},
pages = {{11--29}},
title = {{Procedural fairness : between human rights law and social psychology}},
url = {{http://doi.org/10.1177/0924051921992749}},
volume = {{39}},
year = {{2021}},
}
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