Right to an Effective Remedy

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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.

How to ensure this right?

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.

  • The designated judicial or administrative body must be able to deal with the substance of the relevant human rights compliant and to grant appropriate relief to aggrieved individuals.

  • This includes ceasing the action that caused the violation and taking measures to prevent the same or similar violations from happening again

  • It also means providing reparation to the person whose rights have been breached, for example through adequate compensation

  • This may require changes in laws or practices that go beyond the victim-specific remedy

  • The remedies must be adapted so as to take account of vulnerabilities of certain groups, particularly children.