Finally, he has exhausted all legal remedies open to him.

International legal remedies must be explored.

(b) The claim is one to which the rule of exhaustion of local remedies applies and any available and effective local remedy has not been exhausted.

The complainant alleges that she has exhausted all domestic remedies.

The complainants must further observe statutory deadlines laid down in the law while availing themselves of domestic remedies.

It is therefore essential to provide for the relevant provisions in national legislation and to inform the public of the availability of all legal remedies in the field of racial discrimination.

(e) That the individual has exhausted all available domestic remedies.

The Committee recommends that the State party provide for the relevant provisions in national legislation and inform the public of the availability of all legal remedies in the field of racial discrimination.

(i) Exhaustion of domestic remedies This criterion requires that an author of a communication must have exhausted all available domestic remedies before bringing a communication under the international procedure.

(e) The individual concerned has not exhausted all effective domestic remedies available.

Local remedies

2. Local remedies means legal remedies which are open to an injured person before the judicial or administrative courts or bodies, whether ordinary or special, of the State alleged to be responsible for causing the injury.

Exhaustion of local remedies

Exhaustion of domestic remedies

PART THREE LOCAL REMEDIES

(d) All effective available domestic remedies have not been exhausted. This rule shall not apply where the application of the remedies is unreasonably prolonged.

Principle 6 International and domestic remedies

VII. Victims' right to remedies

VICTIMS' RIGHT TO REMEDIES

Victims' right to remedies

Consequently, domestic remedies have not been exhausted.

Procedural issues Exhaustion of domestic remedies

Procedural issues Exhaustion of domestic remedies

The State party recalls that the author did not avail himself of these remedies, and thus did not exhaust domestic remedies.

He also claims that in having submitted his appeal against his conviction for contempt, he has exhausted all available domestic remedies.

It reiterates that the author did not exhaust domestic remedies, given that he himself mentioned his refusal to exhaust all domestic remedies in his submission dated 22 May 2001.

Local remedies do not need to be exhausted where

Draft article 14 Exhaustion of local remedies

They state that they have exhausted all domestic remedies.

It recalls that, in addition to ordinary judicial and administrative appeals, authors must also avail themselves of all other judicial remedies, including constitutional complaints, to meet the requirement of exhaustion of all available domestic remedies, insofar as such remedies appear to be effective in the given case and are de facto available to an author.

3.1 The complainant claims that he has exhausted all available criminal domestic remedies by having filed a complaint with the Public Prosecutor's Office.

Exceptions to the local remedies rule

The author considers that he has exhausted all domestic remedies.

The view was also expressed that, when defining criteria for exceptions to the exhaustion of local remedies rule, available remedies should not a priori be called into question.

Convinced that, through their own national legal and judicial systems, States must provide appropriate civil, criminal and administrative remedies for violations of human rights,

The justice system continued to be marked by significant shortcomings which hinder the proper administration of justice, protection of human rights and recourse to legal redress.

That complaint had been rejected on grounds of non exhaustion of domestic remedies.

Substantive issues Failure to exhaust domestic remedies burden of proof

Convinced that, through their own national legal and judicial systems, States must provide appropriate civil, criminal and administrative remedies for violations of human rights,

51. Reaffirms the importance of the general principle of exhausting administrative remedies before formal proceedings are instituted

After national legal remedies have been exhausted, they may submit a complaint to the Committee on the elimination of all forms of discrimination against women.

The Committee expressed concern that women lacked access to remedies to claim compensation for damages upon violation of the rights set out in the Convention.

2.8 The petitioner argues that he has exhausted domestic remedies.

Domestic remedies thus proved ineffective and inadequate.

Growth of the Committee's caseload under the Optional Protocol