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Max Planck Encyclopedia of Public International Law [MPEPIL]

Human Rights, Domestic Implementation

Gerald Staberock

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 26 February 2024

Human rights remedies — Gross violations — Access to justice — Direct effect

Published under the auspices of the Max Planck Institute for Comparative Public Law and International Law under the direction of Professor Anne Peters (2021–) and Professor Rüdiger Wolfrum (2004–2020). 

1 International human rights law is not based merely on the reciprocity of rights and obligations between States but provides rights to individuals vis-à-vis States (Individuals in International Law). These rights need to be secured foremost by the State exercising jurisdiction or effective control over a person. The primacy of domestic implementation is reflected in the right to an effective remedy and the exhaustion of local remedies rule contained in human rights law (Local Remedies, Exhaustion of). It is also an expression of the principle of territorial...
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