Right to an effective remedy
Right of a person whose human rights have been violated to legal remedy / From Wikipedia, the free encyclopedia
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The right to an effective remedy is the right of a person whose human rights have been violated to legal remedy. Such a remedy must be accessible, binding, capable of bringing perpetrators to justice, provide appropriate reparations, and prevent further violations of the person's rights.[1][2][3][4] The right to an effective remedy guarantees the individual the ability to seek remedy from the state directly rather than through an international process. It is a practical means of protecting human rights on the state level and requires the state to not just only protect human rights de jure but also in practice for individual cases.[3][5][6][7] The right to an effective remedy is commonly recognized as a human right in international human rights instruments.[1][2][8][9]
The right to an effective remedy is expressed in Article 8 of the Universal Declaration of Human Rights, Article 2 of the International Covenant on Civil and Political Rights, Article 13 of the European Convention on Human Rights, and Article 47 of the European Union Charter on Fundamental Rights.[8][1][2][9]