Right to a remedy

This right to a remedy may not be suspended or restricted in any circumstances.

Right to an effective remedy

Right to an effective remedy

Right to an effective remedy

2005 Right to an effective remedy

Right to an effective remedy 63

The right to an effective remedy.

The right to an effective remedy.

Article 83 right to an effective remedy

Right to an effective remedy in criminal proceedings

Working paper on the Implementation implementation in Domestic domestic Law law of the Right right to an Effective effective Remedy remedy by Françoise Hampson

1. The right to a fair and effective remedy

To find the right remedy we need the correct prescription.

The right to a remedy is not one of those listed.

Content of the righT to an effective remedy in criminal proceedings

The right to an effective remedy is intimately linked to the right to a fair trial.

In order to do so, it might need either to integrate the right to an effective remedy into each primary right or else to raise the issue proprio motu.

The right to an effective remedy in criminal proceedings is a protected fundamental right, i.e. a universal right cum guarantee .

The right to an effective remedy in criminal proceedings is acquiring the status of an independent right.

1. The right to a fair and effective remedy 26 29 7

If the right to a remedy was not respected in practice, an international mechanism became the remedy of first, rather than last, resort.

The right to information is a valuable component of the right to an effective remedy in criminal proceedings.

apos (b) To ensure that any person claiming such a remedy shall have his right thereto determined by competent judicial, administrative or legislative authorities, or by any other competent authority provided for by the legal system of the State, and to develop the possibilities of judicial remedy

Substantive issues Right to equality before the law and equal protection of the law Right to an effective remedy

The failure to give effect to the right to a remedy is closely linked to impunity and to the systematic or widespread occurrence of violations.

The right to an effective remedy in criminal proceedings is being enshrined in the constitutions or legislation of almost every State in the world today.

While the right to a remedy must be effective, it is not limitless, however.

Where that act or omission involves a human rights matter, it will give rise to a separate human rights issue the right to an effective remedy.

The right to an effective remedy, then, goes to the very heart of every constitution.

Thus, the right to have access to a judge, i.e. the right to an effective remedy before a court, is expanding.

People needed to be informed of their right to a remedy so that they could benefit from it, including regional and international rights to a remedy if the efforts to obtain a remedy at the national level had been exhausted.

It may be useful to note a certain resemblance or convergence between the experiences of several countries most modern legal systems assure the right to a judge, the right to a remedy, guarantees of the right to lodge an ordinary appeal or an appeal to the court of cassation, or the right to an effective court decision, albeit under different names.

II. PROTECTION OF THE RIGHT TO AN EFFECTIVE REMEDY FOR THE VICTIMS OF ACTS OF TORTURE

41. Individually, victims including relatives or dependants must have an effective remedy.

Substantive issues Right to a fair hearing by an impartial tribunal Right to access to public service on general terms of equality Right to an effective remedy

This is does not to imply that the right to an effective remedy is any less a human right than, for example, the prohibition of torture or the right to due process. It is secondary only in the sense that it requires the initial act or omission to trigger its applicability.

The Working working Paper paper explains the scope of the right to an effective remedy and why this particular right is so important.

Article 25 of the Convention establishes the right to a remedy and the right to reparation for all victims of human rights violations.

quot Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law. quot

The right to a remedy, leading both in theory and in practice to the right to a fair trial, is becoming a substantial right which cannot be ignored.

Substantive issues Right to equality and freedom from discrimination access to public service enforcement of a remedy

She emphasized the importance of examining the right to a remedy in the framework of domestic law.

Under any circumstances, the right to a remedy is one of the most important of human rights.

It would appear from all these provisions, principles and guidelines that the right to an effective remedy, which gives rise to the right to a fair trial in criminal proceedings, is a key right which is not subject to derogation either in peacetime or at times of armed conflict, whether internal or international.