number of treaties40 and is designed to combat impunity and to ensure that rights are practical and effective and not rendered worthless and insignificant because they can be ignored. 37. Where a human right is being violated, or an aggrieved individual considers, with arguable grounds, a right is being violated, that person must be able to challenge the alleged violation. If it is established that there has been a breach that person must be granted an appropriate resolution.41 This remedy may or may not involve compensation. 38. As the Special Rapporteur on the Independence of Judges and Lawyers has noted, while judicial protection applies to any right, the right to an effective remedy applies only to those protected under the constitution or legislation of the State, or international treaties. For example, Article 2(3) ICCPR provides a remedy for those rights protected under the ICCPR.42 39. The right to an effective remedy requires the following:  The remedy must be accessible and effective.43 An effective remedy requires adequate measures of reparation for the victim. 44  It should be ‘appropriately adapted’ to meet the needs of specific categories of persons.45  States should establish appropriate domestic mechanism to bring claims.46  It should provide a reasonable prospect of success. 47 40. While the specific nature of the remedy depends on the nature of the rights violations, there is a growing recognition that an effective remedy presupposes a judicial procedure and determination.48 The UN Human Rights Committee has held that ‘purely disciplinary and administrative remedies cannot be deemed to constitute adequate and effective remedies within the meaning of article 2, paragraph 3, of the Covenant, in the event of particularly serious violations of human rights’.49 The requirement of a judicial process extends to 40 Article 8, UDHR; Article 2(3), ICCPR; Article 23, Arab Charter; Article 13, ECHR, Article 13 CAT, Article 6 ICERD; Article 2(c) CEDAW; Article 25 ACHR. Article 32, Palestinian Basic Law. 41 Human Rights Committee, General Comment No.31, CCPR/C/21/Rev.1/Add/13 (2004), para 15. 42 Report of the Special Rapporteur on the Independence of Judges and Lawyers, A/HRC/8/4, 13 May 2008, para 19. Article 14 CAT. 43 Human Rights Committee, General Comment No.31, CCPR/C/21/Rev.1/Add/13 (2004), para 15. 44 UN Human Rights Committee, Communication No. 847/1999, Blazek et al v Czech Republic, CCPR/C/72/D/857/1999. European Court of Human Rights, Lawless v Ireland, 1st July 1961; X v Sweden, European Court of Human Rights, 2 Mar 1964; . 45 Human Rights Committee, General Comment No.31, CCPR/C/21/Rev.1/Add/13 (2004), para 15. 46 Human Rights Committee, General Comment No.31, CCPR/C/21/Rev.1/Add/13 (2004), para 15; General Comment No.20, 44th Session 1992, para 14. 47 E.g. African Commission, Communication 155/96, The Social and Economic Rights Action Center and the Center for Economic and Social Rights v Nigeria, 27 October 2001; European Court of Human Rights Silver v. United Kingdom, 25 March 1983, para. 113(b); American Court of Human Rights, Mayagna (Sumo) Awas Tigni Community v Nicaragua, Judgment, 31 August 2001, para 112. 48 Article 7 ACHPR; Article 47 of the Charter of Fundamental Rights of the European Union guarantees the right to an effective remedy before a tribunal in the case of violations of rights and freedoms protected by the law of the Union. 49 Communication 563/1993, Nydia Erika Bautista v Colombia, CCPR/C/55/D/563/1993, paragraph 8(2). European Court of Human Rights, De Souza Ribeiro v. France, Judgment (Grand Chamber), 13 29

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