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Part B - RIGHT to an EFFECTIVE REMEDY

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Chapter Summary

The right to an effective remedy is established in Article 13 of the European Convention on Human Rights (ECHR) and Article 2(3) of the International Convention on Civil and Political Rights (ICCPR), as well as in a number of Organization for Security and Co-operation in Europe (OSCE) documents. The European Convention on Human Rights provides that everyone whose rights and freedoms under the Convention are violated shall have an effective remedy before a national authority even if the violation has been committed by persons acting in an official capacity. Effectiveness in relation to an effective remedy has, according to the Court, four elements (institutional effectiveness, substantive effectiveness, remedial effectiveness, and material effectiveness) and must be assessed in relation to the alleged violation of the substantive article. The right of individuals who have suffered human rights violations to an effective remedy is particularly important in societies experiencing conflicts and post-conflict situations.

Keywords:effective remedy; European Convention on Human Rights (ECHR); human rights violations; ICCPR; institutional effectiveness; material effectiveness; OSCE documents; remedial effectiveness; substantive effectiveness

10.1163/ej.9789004165175.i-628.86
/content/books/10.1163/ej.9789004165175.i-628.86
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