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[3] [5] [6] [7] The right to an effective remedy is commonly recognized as a human right in international human rights instruments. [1] [2] [8] [9] The right to an effective remedy is expressed in Article 8 of the Universal Declaration of Human Rights, Article 2 of the International Covenant on Civil and Political Rights, Article 13 of the ...
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 expressed in Article 8 of the Universal Declaration of Human Rights, Article 2 of the International Covenant on Civil and Political Rights, Article 13 of the European Convention on Human Rights, and Article 47 of the European Union Charter on Fundamental Rights. [20] [13] [14] [21]
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]
"Article 8 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." The right to an effective remedy is included in the International Covenant on Civil and Political Rights (ICCPR) in its article 2, Paragraph 3: 3.
The focus of DHDR Article 8 is the duty and responsibility of humanitarian assistance and intervention to those in need. In a globalised world with millions of displaced people, it is claimed for the adequate provision of food, shelter, health care and other essential requirements for survival to ensure the right to life for everyone in the world.
The Court rendered a judgement that Armenia has been continuing to violate Article 1 (Protection of property) of the Protocol No. 1 to the European Convention on Human Rights, Article 8 (Right to respect for private and family life) and Article 13 (Right to an effective remedy) of the Convention. [11]
Pretty v. United Kingdom [2002] – Article 8 extends to protect the right to die. Like with articles 9, 10 and 11, it can be interfered with provided there is valid justification, as there was in Pretty. Mosley v News Group Newspapers [2008] EWHC 1777 (QB) — Per Eady J, equitable breach of confidence is extended to protect Art. 8 rights.