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EOS EOS

Election Obligations & Standards Database

Summary

An effective remedy requires reparation for harm done.


Obligations

  • Right to an Effective Remedy

Election Parts

  • Legal Framework
  • The Media
  • Electoral Dispute Resolution

Issues

  • The Right to an Effective Remedy, Including Challenging Election Results
  • Right to an Effective Remedy and the Media

Criteria

  • An effective and timely remedy was available for all citizens for violations of their rights throughout the electoral process
  • The legal framework provided citizens with an effective (timely and enforceable) remedy throughout the electoral process
  • A system to file complaints related to the media was available for all citizens

Quotes

  • 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.
EOS EOS

Election Obligations & Standards Database

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