Local remedies

Her delegation was nonetheless convinced that the Basic Principles and Guidelines would be an extremely valuable tool for States when they were considering policies on remedies and reparation, and it therefore welcomed their adoption.

Exhaustion of local remedies

Exhaustion of domestic remedies

World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance and the comprehensive implementation of and follow up to the Durban Declaration and Programme of Action 7

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

Children

PART THREE LOCAL REMEDIES

VII. Victims' right to remedies

Principle 6 International and domestic 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.

Local remedies do not need to be exhausted where

International legal remedies must be explored.

Draft article 14 Exhaustion of local remedies

They state that they have exhausted all domestic remedies.

(t) F. Remedies called for under the Committee's Views

(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.

Exceptions to the local remedies rule

The author considers that he has exhausted all domestic remedies.

It should also provide remedies to the victims' families.

Affirming the importance of addressing the question of remedies and reparation for victims of gross violations of international human rights law and serious violations of international humanitarian law in a systematic and thorough way at the national and international levels,

Affirming the importance of addressing the question of remedies and reparation for victims of gross violations of international human rights law and serious violations of international humanitarian law in a systematic and thorough way at the national and international levels,

(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.

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.

The complainant alleges that she has exhausted all domestic remedies.

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

Substantive issues Failure to exhaust domestic remedies burden of proof

Recognizing that, in honouring the victims' right to benefit from remedies and reparation, the international community keeps faith with the plight of victims, survivors and future human generations and reaffirms international law in the field,

Recognizing that, in honouring the victims' right to benefit from remedies and reparation, the international community keeps faith with the plight of victims, survivors and future human generations and reaffirms international law in the field,

However, it is the Committee's constant jurisprudence that the rule of exhaustion applies only to the extent that those remedies are effective and available.

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

The author thus contends to have exhausted all domestic remedies.

Procedural issues Non exhaustion of domestic remedies lack of substantiation

He says that domestic remedies have been exhausted, as described above.

Procedural issues Adequate substantiation of the alleged violation exhaustion of domestic remedies

It argues that the author has not exhausted domestic remedies.

(f) Steps taken by the complainant to exhaust domestic remedies

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