219 Results
Quotes
Quotes based on international documents, law, and treaties- "Each State Party to the present covenant undertakes : (a) to ensure that any person whose rights or freedoms are herein recognized as violated shall have an effective remedy, not withstanding that the violation has been committed by persons acting in an official capacity; (b) to ensure that any person claiming such a remedy shall have his right thereto determined by competent judicial, administrative or legislative authorities, or by any other competent authority provided for by the legal system of the State, and to develop the possibilities of judicial remedy; (c) to ensure that the competent authorities shall enforce such remedies when granted."
- "States Parties shall assure to everyone within their jurisdiction effective protection and remedies, through the competent national tribunals and other State institutions, against any acts of racial discrimination which violate his human rights and fundamental freedoms contrary to this convention, as well as the right to seek from such tribunals just and adequate reparation or satisfaction for any damage suffered as a result of such discrimination."
- "States Parties condemn discrimination against women in all its forms, agree to pursue by all appropriate means and without delay a policy of eliminating discrimination against women and, to this end, undertake…To Establish legal protection of the rights of women on an equal basis with men and to ensure through competent national tribunals and other public institutions the effective protection of women against any act of discrimination."
- "States Parties shall undertake to: a) provide for appropriate remedies to any woman whose rights or freedoms, as herein recognised, have been violated; b) ensure that such remedies are determined by competent judicial, administrative or legislative authorities, or by any other competent authority provided for by law."
- "Everyone has the right to simple and prompt recourse, or any other effective recourse, to a competent court or tribunal for protection against acts that violate his fundamental rights recognized by the constitution or laws of the state concerned or by this Convention, even though such violation may have been committed by persons acting in the course of their official duties."
- "Everyone whose rights and freedoms as set forth in this Convention are violated shall have an effective remedy before a national authority notwithstanding that the violation has been committed by persons acting in an official capacity."
- "Article 2, paragraph 3, requires that in addition to effective protection of Covenant rights States Parties must ensure that individuals also have accessible and effective remedies to vindicate those rights… The Committee attaches importance to States Parties' establishing appropriate judicial and administrative mechanisms for addressing claims of rights violations under domestic law... Administrative mechanisms are particularly required to give effect to the general obligation to investigate allegations of violations promptly, thoroughly and effectively through independent and impartial bodies."
- "Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law."
- "In the exercise of human rights and fundamental freedoms, including the promotion and protection of human rights as referred to in the present Declaration, everyone has the right, individually and in association with others, to benefit from an effective remedy and to be protected in the event of the violation of those rights."
- "To the same end, everyone has the right, individually and in association with others, inter alia: (a) to complain about policies and actions of individual officials and governmental bodies with regard to violations of human rights and fundamental freedoms, by petition or other appropriate means, to competent domestic judicial, administrative or legislative authorities or any other competent authority provided for by the legal system of the State, which should render their decision on the complaint without undue delay."
- "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; (11.3) the right of individuals or groups acting on their behalf to communicate with international bodies with competence to receive and consider information concerning allegations of human rights abuses."
- "Everyone will have an effective means of redress against administrative decisions, so as to guarantee respect for fundamental rights and ensure legal integrity."
- "There will be effective means of redress against administrative regulations for individuals affected thereby."
- "Everyone has the right to an effective remedy by competent national tribunals for acts violating the rights granted by the constitution, by law or by the Charter, notwithstanding that the acts were committed by persons in an official capacity."
- "Every State has an obligation to ensure that: (i) any person whose rights have been violated, including by persons acting in an official capacity, has an effective remedy by a competent judicial body; (ii) any person claiming a right to remedy shall have such a right determined by competent judicial, administrative or legislative authorities; (iii) any remedy granted shall be enforced by competent authorities; (iv) any state body against which a judicial order or other remedy has been granted shall comply fully with such an order or remedy."
- "All citizens have the right to seek an effective legal or administrative remedy to protect their electoral rights during a campaign."
- "All citizens have a right to an effective remedy, where their political rights have been infringed or denied. Without the opportunity to seek protection and redress in law, the political rights and freedoms related to elections may be of little value."
- "Candidates, parties, and voters should have the possibility for prompt and effective redress, including through an independent judiciary, in case of violations of law or human rights."
- "The election system must provide effective mechanisms and remedies for the enforcement of electoral rights."
- "Going beyond the requirements and practices described earlier, some additional best practices for handling election complaints and appeals include the following: The right to an effective remedy."
- "Underlining that the principles of Europe's electoral heritage may be implemented only if certain conditions are fulfilled, in particular respect for fundamental rights, the impartial organisation of elections and an effective system of appeal."
- "The legal framework should provide effective mechanisms and remedies for the enforcement of electoral rights. The right to vote is a fundamental human right and the right to a remedy for violation of the right to vote is also a fundamental human right. The legal framework for elections must set forth detailed and sufficient provisions protecting suffrage rights."
- "Anyone alleging a denial of their individual voting or other political rights must have access to independent review and redress."
- "Adequate arrangements shall be made to hear and dispose of all petitions relating to the conduct of elections and announcement of results."
- "...different types of complaint that will inevitably arise. These might include refusal of the right to stand as a candidate or to vote, attempts to suppress voter turnout, alleged misinterpretation of the electoral laws or procedures, alleged violations of the criminal law, disputes regarding the accuracy of the count, or claims that the cumulative effect of such irregularities is so extensive as to invalidate the elections. Generally, what is at issue is either the validity of the result, or the penalization of those who have violated electoral laws. The right to a remedy for violation of human rights is itself a human right, while sanctions against those who infringe the provisions of the electoral law are implicitly required in any effective system of implementation."
- "Article 2, paragraph 3, requires that States Parties make reparation to individuals whose Covenant rights have been violated. Without reparation to individuals whose Covenant rights have been violated, the obligation to provide an effective remedy, which is central to the efficacy of article 2, paragraph 3, is not discharged....The Committee notes that, where appropriate, reparation can involve restitution, rehabilitation and measures of satisfaction, such as public apologies, public memorials, guarantees of non-repetition and changes in relevant laws and practices, as well as bringing to justice the perpetrators of human rights violations."
- "b) The right to an effective remedy includes: (ii) reparation for the harm suffered."
- "The States Parties undertake: a. to ensure that any person claiming such remedy shall have his rights determined by the competent authority provided for by the legal system of the state; b. to develop the possibilities of judicial remedy; and c. to ensure that the competent authorities shall enforce such remedies when granted."
- "The Committee further takes the view that the right to an effective remedy may in certain circumstances require States Parties to provide for and implement provisional or interim measures to avoid continuing violations and to endeavour to repair at the earliest possible opportunity any harm that may have been caused by such violations."
- "In general, the purposes of the Covenant would be defeated without an obligation integral to article 2 to take measures to prevent a recurrence of a violation of the Covenant."
- "Cessation of an ongoing violation is an essential element of the right to an effective remedy."
- "We commit our Governments to: c) establish impartial, all-inclusive, competent and accountable national electoral bodies staffed by qualified personnel, as well as competent legal entities including effective constitutional courts to arbitrate in the event of disputes arising from the conduct of elections"
- "The legal framework should provide effective mechanisms and remedies for the enforcement of electoral rights. The right to vote is a fundamental human right and the right to a remedy for violation of the right to vote is also a fundamental human right. The legal framework for elections must set forth detailed and sufficient provisions protecting suffrage rights."
- "Procedures and deadlines should be clearly set out in the election law. Time frames must be sufficiently short to ensure a meaningful remedy. There must be accessible and adequate facilities for filing complaints."
- "Mechanisms for resolving election disputes should be governed by a coherent body of legal norms, preferably in a distinct chapter or section of the law. The terms, wording and legal scope of the election dispute provisions on the different subject matters should be mutually uniform also as to secure their consistency and completeness. the language used through the law should be clear and consistent so as to eliminate arbitrary interpretation."
- "Every individual shall have the right to have his cause heard. This comprises: (a) the right to an appeal to competent national organs against acts of violating his fundamental rights as recognized and guaranteed by conventions, law, regulations and customs in force; (b) the right to be presumed innocent until proved guilty by a competent court or tribunal; (c) the right to defence, including the right to be defended by counsel of his choice; (d) the right to be tried within a reasonable time by an impartial court or tribunal."
- "State Parties re-affirm their commitment to regularly holding transparent, free and fair elections in accordance with the Union’s Declaration on the Principles Governing Democratic Elections in Africa. To this end, State Parties shall: 2. Establish and strengthen national mechanisms that redress election related disputes in a timely manner."
- "Moreover, particular rules or sets of rules should be instituted in order to expedite the settlement of disputes: a. in urgent cases b. in cases relating to an undisputed right or an established liquidated claim and in cases involving small claims."
- "The integrity of the system requires not only that such issues be dealt with by an independent and impartial authority, such as the electoral commissions or the courts, but also that decisions be reached in a timely manner, in order that the outcome of elections not be delayed."
- "The law must require that the appropriate EMB or court render a prompt decision to avoid the aggrieved party losing his/her electoral rights…The decision of the court of last resort must be issued promptly. The legal framework should provided for timely deadlines for the consideration and determination of a complaint and the communication of the decision to the complainant."
- "The law must require that the appropriate election commission/body or court render a prompt decision."
- "Another important element of the legislative framework is the complaints and appeals process, which must provide effective and timely remedies in the event of violations of law. Complaints concerning the election process must be dealt with equitably, transparently, and according to due process of law. Procedures and deadlines should be clearly set out in the election law. Time frames must be sufficiently short to ensure a meaningful remedy. There must be accessible and adequate facilities for filing complaints."
- "There must be time limits for resolving election petitions."
- "Additionally, the law must be clear as to what circumstances require a recount or new election in any or all polling stations. The law must be clear as to who can request a recount or new election, the deadline for the request, all necessary procedures to make the request, the deadline for adjudicating the request, and the date and procedures that will govern a recount or new election."
- "Re-count procedures should be available in case of questionable results."
- "The right to challenge election results and for aggrieved parties to seek redress should be provided by law. The petition process should set out the scope of available review, procedures for its initiation and the powers of the independent judicial body charged with such review."
- "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."
- "Delimitation of election districts requires remedies that equalize sufficiently the variance among rations of population to representative in various election districts and/or move boundary lines so as not to disempower minorities or constituencies that support a particular political opinion."
- "Establish impartial, all-inclusive, competent and accountable national electoral bodies staffed by qualified personnel, as well as competent legal entities including effective constitutional courts to arbitrate in the event of disputes arising from the conduct of elections."
- "The appeal procedure and, in particular, the powers and responsibilities of the various bodies should be clearly regulated by law, so as to avoid conflicts of jurisdiction (whether positive or negative). Neither the appellants nor the authorities should be able to choose the appeal body."