Public Law Studies Quarterly

Civil Liability for the Violation of the Right with Particular Reference to the European Court of Human Rights

Document Type : Article

Authors

Abass Mirshekari 1
Fateme Zare 2
Fateme Zare 2

1 Assistant Prof., Department of Public Law, Faculty of Law and Political Science, University of Tehran, Tehran, Iran

2 MA. In. Private Law, Faculty of Law Science, University of mofid, Qom, Iran

https://doi.org/10.22059/jplsq.2021.319876.2712
Abstract
Individuals have an exclusive right to their image about which they can make decisions. The Iranian legal system mainly uses criminal sanctions to ensure respect for the right to image. However, civil liability seems to be a more effective remedy for the injured party and the restoration of his/her situation to before the violation. The European Court of Human Rights also uses civil liability law to compensate damages caused by the violation of the right to image. In the present article, using the library research method, an attempt is made to study the elements of civil liability for the violation of the right to image and the appropriate compensation for such a violation in the Iranian legal system. Overall, it can be argued that considering the effect of the violation to the injured party and depending on whether and which financial or non-financial rights are harmed, both financial and non-financial methods can be used for compensation. As in the practice of the European Court of Human Rights, these two methods can be used in the Iranian legal system, depending on the circumstances of the case.

Keywords

right to image
moral damages
European Court of Human Rights
civil liability

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Public Law Studies Quarterly
Volume 52, Issue 3
Autumn 2022
Autumn 2022
Pages 1273-1298

  • Receive Date 02 March 2021
  • Revise Date 09 September 2021
  • Accept Date 26 December 2021

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