Issue
Right to an Effective Remedy and the Media
Election Parts
Criteria
Summaries
- Everyone has the right to an effective remedy by a competent national tribunal for acts that violate his or her rights or freedoms.
- Individuals must have the right to a remedy for violation of their participatory rights relating to the election process.
- Remedy should be available for complaints arising throughout the electoral process.
- An effective remedy requires reparation for harm done.
- States must enforce a remedy when granted.
- At times, an effective remedy may require States Parties to take interim measures.
- States Parties are obliged to prevent a recurrence of the violation to the covenant.
- Cessation of a violation is an essential element of an effective remedy.
- The legal framework for elections should provide effective redress for violations of electoral rights.
- Effective redress requires disputes to be dealt with in a timely manner.
- The state must assure that everyone has a right to reply for incorrect information published about him/her.
- A system to file complaints about media should be available to all citizens.
- Internet intermediaries should recognize and protect human rights online, including through accessible and effective complaint and redress mechanisms.
- Safety and ability of journalists and other media actors to work in full freedom should be protected, with any harassment and violence, offline and online, promptly investigated and liability imposed.