Right to an Effective Remedy: Normative Framework under International Law Expert consultation of the UN Special Rapporteur on trafficking in persons, especially women and children 22 November 2010 Bratislava, Slovakia . International Human Rights Treaties. UDHR:
Normative Framework under International Law
Expert consultation of the UN Special Rapporteur on trafficking in persons, especially women and children
22 November 2010
Art 6: The right to recognition as a person before the law
“Everyone has the right to effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by the law.”
States are obliged to ensure:
“All persons shall be equal before the courts and tribunals. In the determination of any criminal charge against him, or of his rights and obligations in a suit at law, everyone shall be entitled to a fair and public hearing by a competent, independent and impartial tribunal established by law”.
CEDAW: While no specific references:
States obliged to “…ensure through competent national tribunals and other public institutions the effective protection of women against any act of discrimination”.
UN Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power 1985:
Basic Principles and Guideline on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law 2005
International human rights law clearly recognizes: