Right to an Effective Remedy

Anyone whose human rights have been violated is entitled to a remedy in the domestic system. This right forms a key pillar of a functioning justice system and individuals’ right of access to justice. The duties that Government has, are to establish procedural safeguards – appropriate independent and impartial judicial and administrative mechanisms – that can address claims under domestic law. Administrative mechanisms must also give effect to the duty to promptly investigate allegations of violations, as a failure to do so can result in a separate violation.