Nature of the General Legal Obligation Imposed on States Parties to the Covenant - replaces GC No. 3 2004, para. 15
Paragraphe- Paragraph text
- Article 2, paragraph 3, requires that in addition to effective protection of Covenant rights States Parties must ensure that individuals also have accessible and effective remedies to vindicate those rights. Such remedies should be appropriately adapted so as to take account of the special vulnerability of certain categories of person, including in particular children. The Committee attaches importance to States Parties' establishing appropriate judicial and administrative mechanisms for addressing claims of rights violations under domestic law. The Committee notes that the enjoyment of the rights recognized under the Covenant can be effectively assured by the judiciary in many different ways, including direct applicability of the Covenant, application of comparable constitutional or other provisions of law, or the interpretive effect of the Covenant in the application of national law. Administrative mechanisms are particularly required to give effect to the general obligation to investigate allegations of violations promptly, thoroughly and effectively through independent and impartial bodies. National human rights institutions, endowed with appropriate powers, can contribute to this end. A failure by a State Party to investigate allegations of violations could in and of itself give rise to a separate breach of the Covenant. Cessation of an ongoing violation is an essential element of the right to an effective remedy.
- Status juridique
- Non-negotiated soft law
- Organe
- Human Rights Committee
- Type de document
- General Comment / Recommendation
- Mode d'adoption
- N.A.
- Thèmes
- Civil & Political Rights
- Governance & Rule of Law
- Personnes concernées
- Children
- Année
- 2004
- Type de paragraphe
- Other
- Reference
- CCPR General Comment No. 31, Nature of the General Legal Obligation Imposed on States Parties to the Covenant - replaces GC No. 3 (2004), para. 15.
- Paragraph number
- 15
trié par
Date ajouter
20 Relations, 20 Entités