Right to an effective remedy

According to article 13 of the European Convention on Human Rights ("ECHR"):

"Everyone whose rights and freedoms as set forth in this Convention are violated shall have an effective remedy before a national authority notwithstanding that the violation has been committed by persons acting in an official capacity."

According to the European Court of Human Rights ("ECtHR"), to be effective, the remedy must be capable of immediately remedying the situation complained of (Pine Valley Developments Ltd etc v. Ireland, Commission decision, 1989). The contracting states have some discretion as to how they will provide the required remedy and comply with their obligations under article 13 of the ECHR (Kaya v. Turkey, 1998, § 106). The term "effective" means that the remedy must be adequate and accessible, fulfilling the obligation of immediacy  (Paulino Tomás v. Portugal (dec), 2003; Çelik and İmret v. Turkey, 2004, § 59).

Furthermore, it is noteworthy that, according to ECtHR jurisprudence, the set of remedies provided by national law may meet the requirements of article 13, even if no single remedy can fully satisfy them (Silver and Others v. the United Kingdom, 1983, § 113 (c); Leander v. Sweden, 1987, § 77 (c); Chahal v. the United Kingdom, 1996, § 145; Kudła v. Poland [GC ], 2000, § 157; De Souza Ribeiro v. France [GC], 2012, § 79).

It therefore follows that whether a legal remedy available to each citizen is effective is a matter of fact and each case is judged on the basis of its own facts.

This article has been written by Chara Palekythriti, Lawyer - Legal Consultant ©

Disclaimer: This article is for informative purposes only and does not constitute legal advice, opinion or otherwise.