CCPR/C/21/Rev.1/Add. 13
page 6
Covenant to render it part of domestic law to facilitate full realization of Covenant rights as
required by article 2.
14.
The requirement under article 2, paragraph 2, to take steps to give effect to the Covenant
rights is unqualified and of immediate effect. A failure to comply with this obligation cannot be
justified by reference to political, social, cultural or economic considerations within the State.
15.
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.
16.
Article 2, paragraph 3, requires that States Parties make reparation to individuals whose
Covenant rights have been violated. Without reparation to individuals whose Covenant rights
have been violated, the obligation to provide an effective remedy, which is central to the
efficacy of article 2, paragraph 3, is not discharged. In addition to the explicit reparation
required by articles 9, paragraph 5, and 14, paragraph 6, the Committee considers that the
Covenant generally entails appropriate compensation. The Committee notes that, where
appropriate, reparation can involve restitution, rehabilitation and measures of satisfaction, such
as public apologies, public memorials, guarantees of non-repetition and changes in relevant
laws and practices, as well as bringing to justice the perpetrators of human rights violations.