While recognizing that enjoying civil and political freedom can be achieved only when everyone enjoys civil and political rights, as well as his economic, social and cultural rights, each State party to the Covenant is obliged to ensure that:

(a) Any person whose rights or freedoms…are violated shall have an effective remedy, notwithstanding that the violation has been committed by persons acting in an official capacity;

(b) Any person claiming such a remedy shall have his right thereto determined by competent judicial, administrative or legislative authorities, or by any other competent authority provided for by the legal system of the State, and to develop the possibilities of judicial remedy;

(c) The competent authorities shall enforce such remedies when granted.[1]

Four decades after adopting ICCPR and calling for its ratification, the UN General Assembly (UNGA) adopted by acclamation the Basic Principles and Guidelines on the Right to a Remedy and Reparation.[2] That normative instrument remains the principal reference for designing remedial policies and mechanisms, including those seeking to redress and further deter gross violations human rights in multiple contexts.

[1] International Covenant on Civil and Political Rights (1966), Article 2.3,

https://treaties.un.org/doc/publication/unts/volume%20999/volume-999-i-14668-english.pdf.

[2] UN General Assembly (UNGA), 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, A/RES/60/147, 21 March 2006, http://www.un.org/Docs/asp/ws.asp?m=A/RES/60/147.

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