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.
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.
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.
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.