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The right to an effective remedy is the right of a person whose human rights have been violated to legal remedy. Such a remedy must be accessible, binding, capable of bringing perpetrators to justice, provide appropriate reparations , and prevent further violations of the person's rights.
UN General Assembly Resolution 60/147, 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, is a United Nations Resolution about the rights of victims of international crimes.
The right to an effective remedy is the right of a person whose human rights have been violated to legal remedy. Such a remedy must be accessible, binding, capable of bringing perpetrators to justice, provide appropriate reparations , and prevent further violations of the person's rights.
The international legal underpinning for the right to effective remedy and duty to provide reparation can be found in multiple human rights and humanitarian treaties and conventions, including: The Universal Declaration of Human Rights – Article 8 [10] The International Covenant on Civil and Political Rights – Article 2 [11]
The right to petition includes under its umbrella the legal right to sue the government. [15] Civil litigation between two private individuals or entities is considered to be a right to a peititon, since they are asking the government's court system to remedy their problems. [15]
In 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, reparation include the following forms: restitution, compensation, rehabilitation, satisfaction and guarantees of non-repetition, whereby
"Every person within this state ought to find a certain remedy, by having recourse to the laws, for all injuries or wrongs which may be received in one's person, property or character. Every person ought to obtain right and justice freely, and without purchase, completely, and without denial; promptly and without delay; conformably to the laws ...
This principle is the basis for the right to a speedy trial and similar rights which are meant to expedite the legal system, because of the unfairness for the injured party who sustained the injury having little hope for timely and effective remedy and resolution.