"Article 25(1) of the Convention establishes, in general terms, the obligation of the States to guarantee an effective judicial remedy against acts that violate fundamental rights. When interpreting the text of Article 25 of the Convention, the Court has stated that the State’s obligation to provide a judicial remedy is not limited to the mere existence of the courts or the formal procedures, or even to the possibility of resorting to the courts, but that the remedies must be effective; in other words, they must provide the person with the real possibility of filing a remedy, in the terms of that provision. The existence of this guarantee “constitutes one of the basic pillars, not only of the American Convention, but also of the rule of law in a democratic society pursuant to the Convention.” Thus, in accordance with Article 25(2)(b) of the Convention, the States undertake to develop the possibilities of the judicial remedy. "
DocumentOAS (IACHR): Case of Castañeda Gutman v. México, par. 78
Case of Castañeda Gutman v. México×