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Max Planck Encyclopedia of International Procedural Law [MPEiPro]

Effective Domestic Remedy

Vincent Couronne, Raphaël Maurel

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 19 September 2020

Subject(s):
Access to justice — Right to effective remedy — Human rights remedies — Exhaustion of local remedies — Subsidiarity — Remedies — Remedies and costs

Published under the direction of Hélène Ruiz Fabri, with the support of the Department of International Law and Dispute Resolution, under the auspices of the Max Planck Institute Luxembourg for Procedural Law.

1 Effective domestic remedy is any procedural rule that aims to establish the right for individuals that courts enforce provisions contained in international or supranational legislations. The Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law adopted by the United Nations General Assembly (United Nations, General Assembly) in 2005 provide that States shall make available ‘adequate, effective, prompt and appropriate...
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