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State obligations to prevent, investigate, punish, and remedy human rights violations extend to both State and non-State actors. [59] The Human Rights Committee has recommended that accessible, effective remedies to vindicate rights ‘be appropriately adapted so as to take into account the special vulnerability of certain categories of persons, including in particular children’. [60]
- Introduction
- The Procedural Right to A Remedy Under Human Rights Law
- Armed Groups and Remedies
- The Procedural Right to A Remedy and Armed Groups: Normative Value
- The Right to A Remedy and Armed Groups: Controversies
- Conclusion
- Acknowledgements
In 2020, the International Committee of the Red Cross (ICRC) estimated that around 66 million civilians are living under the exclusive control of armed groups (ICRC 2020). This statistic reinforces how important it is for lawyers and practitioners to seek a better understanding of how the international legal framework applies to everyday life in te...
Before considering how the procedural right to a remedy should be applied to armed groups, it is first important to understand the scope of the right when applied to States. It is notable that the right to a remedy is not a modern invention or product of case law. In fact, it already appeared in Article 8 of the 1948 Universal Declaration of Human ...
Although those unfamiliar with contemporary research on armed groups might think it unrealistic to consider that armed groups might be able to honour the procedural right to a remedy for victims, the section below will illustrate that in fact it is a highly feasible idea that needs more attention. Confirmation of this fact can be found not only in ...
Having set out the scope of the procedural right to a remedy and indicated how it is factually relevant to victims living in the territory of armed groups, it is now important to consider whether and how this right might be asserted vis-a-vis armed groups. It has been argued that the first step in any discussion relating to the application of human...
The above practice shows that there is a normative and practical value to holding armed groups to adhere to the right to a remedy because it provides a legal foundation to contribute to victims’ rights by insisting that an armed group investigate allegations of abuses. However, although it has been shown above that it is relatively feasible for man...
The Al Hassancase demonstrates how important it is for practitioners working in different fields of international law (e.g. human rights, international criminal justice, international humanitarian law) to understand the tensions that can exist at the intersections of these bodies of law as they meet in the legal framework that applies to armed grou...
I am grateful to the insightful comments from both peer reviewers and the comments previously received from Luke Moffett and Kieran McEvoy which have helped me improve this article. I am also grateful for the comments received from Alessandra Spadaro and Julie Fraser on a previous version of this article and those received from my other colleagues ...
Furthermore, an effective remedy entails the duty to investigate allegations of violations and a failure to investigate could, in relation to torture and ill-treatment, lead to a violation of the provision prohibiting torture as well as the provision setting out an effective remedy (see for instance the European Court case McCann et al. v.
Article 5 has been interpreted to include an implied duty on States to provide detainees with regular medical care and adequate treatment. Professor Van Kempen wrote that authorities must facilitate and allow medical assistance to detainees by a physician of their choice but that this does not mean that all of the detainee’s wishes have to be satisfied.
An interim remedy requires a respondent to take (or to not take) certain actions prior to a hearing on the merits of the application and before any violation of the Code has been proven. An applicant therefore has a significant onus to meet in demonstrating that an interim remedy is necessary. The focus of the HRTO’s inquiry is on whether an ...
Oct 26, 2021 · Recently, in Nelson (City) v. Marchi, 2021 SCC 41 (“Marchi”), the Supreme Court of Canada took up the challenge of clarifying the analysis to be followed in tort claims brought in negligence against public entities. In particular, the Supreme Court dealt with the enigmatic ‘core policy’ defence, and provided litigants with guidance on (a) the … Continued
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In my opinion, s. 52(1) does not provide a "remedy" in any real sense of the word. It states a constitutional fact which no court can ignore when it is invoked in a proceeding and found to apply.37 The majority of the Federal Court of Appeal rejected this argument and held that it could exercise remedial discretion under s. 24(1).
