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Civil and Political Rights
PART II
3.1.6 Right to Effective Remedies
See also:
§ II. 2.4: Rule of Law
§ II. 3.1.4: Freedom from Arbitrary Arrest or Detention
§ II. 3.1.5: Right to a Fair Trial
Vienna 1989 (Questions Relating to Security in Europe: Principles)
(13) (…) [the participating States] will
(…)
(13.9) - ensure that effective remedies as well as full information about them are available to
those who claim that their human rights and fundamental freedoms have been violated; they
will, inter alia, effectively apply the following remedies:
• the right of the individual to appeal to executive, legislative, judicial or administrative
organs;
• the right to a fair and public hearing within a reasonable time before an independent and
impartial tribunal, including the right to present legal arguments and to be represented by
legal counsel of one’s choice;
• the right to be promptly and officially informed of the decision taken on any appeal, including the legal grounds on which this decision was based. This information will be provided
as a rule in writing and, in any event, in a way that will enable the individual to make effective use of further available remedies.
Copenhagen 1990
(5) [The participating States] solemnly declare that among those elements of justice which are
essential to the full expression of the inherent dignity and of the equal and inalienable rights
of all human beings are the following:
(5.10) - everyone will have an effective means of redress against administrative decisions, so
as to guarantee respect for fundamental rights and ensure legal integrity;
(5.11) - administrative decisions against a person must be fully justifiable and must as a rule
indicate the usual remedies available;
(…)
(5.21) - in order to supplement domestic remedies and better to ensure that the participating States respect the international obligations they have undertaken, the participating States
will consider acceding to a regional or global international convention concerning the protection of human rights, such as the European Convention on Human Rights or the Optional
Protocol to the International Covenant on Civil and Political Rights, which provide for procedures of individual recourse to international bodies.
(…)
(11) The participating States further affirm that, where violations of human rights and fundamental freedoms are alleged to have occurred, the effective remedies available include
(11.1) - the right of the individual to seek and receive adequate legal assistance;
(11.2) - the right of the individual to seek and receive assistance from others in defending human rights and fundamental freedoms, and to assist others in defending human rights and
fundamental freedoms;
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