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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.
A legal remedy, also referred to as judicial relief or a judicial remedy, is the means with which a court of law, usually in the exercise of civil law jurisdiction, enforces a right, imposes a penalty, or makes another court order to impose its will in order to compensate for the harm of a wrongful act inflicted upon an individual.
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]
Equitable remedies are distinguished from "legal" remedies (which are available to a successful claimant as of right) by the discretion of the court to grant them. In common law jurisdictions, there are a variety of equitable remedies, but the principal remedies are: injunction [5] [6] specific performance; account of profits; rescission ...
"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 ...
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.
Specific performance is often guaranteed through the remedy of a right of possession, giving the plaintiff the right to take possession of the property in dispute. [citation needed] As with all equitable remedies, orders of specific performance are discretionary, so their availability depends on their appropriateness in the circumstances.
There is little if any remedy, and there is a risk that even an inquiry will provoke an adverse result. [ 9 ] The Latin legal maxim Actus curiæ neminem gravabit , meaning that the act of the Court shall prejudice no one, becomes applicable when a situation is protected because the Court is under an obligation to undo the wrong done to a party ...