Effective Remedy in International Human Rights Law: A Comprehensive Overview, Slides of Civil Law

Download Effective Remedy in International Human Rights Law: A Comprehensive Overview and more Slides Civil Law in PDF only on Docsity! Right to an Effective Remedy: Normative Framework under International Law Docsity.com International Human Rights Treaties UDHR: • Art 2: Principle of non-discrimination Art 6: The right to recognition as a person before the law • Art 7: The right to equal protection • Art 8: The right to an effective remedy “Everyone has the right to effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by the law.” Docsity.com International Human Rights Treaties ICCPR: • Art 14(1): Equality before the law “All persons shall be equal before the courts and tribunals. In the determination of any criminal charge against him, or of his rights and obligations in a suit at law, everyone shall be entitled to a fair and public hearing by a competent, independent and impartial tribunal established by law”. Docsity.com International Human Rights Treaties CAT: • Art 14(1): The right to “redress” and to “an enforceable right to fair and adequate compensation, including the means for as full rehabilitation as possible”. CRC: • Art 39: States obliged to “promote physical and psychological recovery and social reintegration of a child victim of: any form of neglect, exploitation, or abuse; torture or any other form of cruel, inhuman or degrading treatment or punishment; or armed conflicts”. Docsity.com International Human Rights Treaties CERD: • Art 6: States obliged to ensure “effective protection and remedies, through the competent national tribunals and other State institutions”, as well as “the right to seek from such tribunals just and adequate reparation or satisfaction for any damage suffered” as a result of racial discrimination. CEDAW: While no specific references: • Art 2: Equality of men and women States obliged to “…ensure through competent national tribunals and other public institutions the effective protection of women against any act of discrimination”. Docsity.com Soft law instruments • The Basic Principles and Guidelines elaborate the content of “reparation”: – Restitution – eg. restoration of liberty, enjoyment of human rights, identity, family life and citizenship, return to one’s place of residence. – Compensation for any economically assessable damage – Rehabilitation – Medical, psychological, legal and social services – Satisfaction – eg. Cessation of violations, judicial and administrative sanctions against perpetrators. – Guarantees of non-repetition – eg. Investigation, prosecution and sanctioning of perpetrators, human rights education Docsity.com The Right to an Effective Remedy International human rights law clearly recognizes: • Substantive rights to remedies – Adequate reparations, such as restitution, rehabilitation, compensation, satisfaction and guarantees of non-repetition • Procedural rights of access to remedies – eg: – The right to information – The right to legal and other assistance necessary to claim remedies Docsity.com