HRC General Comment No. 31, paras. 15 to 19: “Article 2, paragraph
3, requires that in addition to effective protection of Covenant rights
States Parties must ensure that individuals also have accessible and
effective remedies to vindicate those rights. Such remedies should be
appropriately adapted so as to take account of the special
vulnerability of certain categories of person, including in particular
children … 16. Article 2, paragraph 3, requires that States Parties
make reparation to individuals whose Covenant rights have been
violated. Without reparation to individuals whose Covenant rights
have been violated, the obligation to provide an effective remedy,
which is central to the efficacy of article 2, paragraph 3, is not
discharged. In addition to the explicit reparation required by articles 9,
paragraph 5, and 14, paragraph 6, the Committee considers that the
Covenant generally entails appropriate compensation. The Committee
notes that, where appropriate, reparation can involve restitution,
rehabilitation and measures of satisfaction, such as public apologies,
public memorials, guarantees of non-repetition and changes in
relevant laws and practices, as well as bringing to justice the
perpetrators of human rights violations … 18. Where the
investigations referred to in paragraph 15 reveal violations of certain
Covenant rights, States Parties must ensure that those responsible are
brought to justice. As with failure to investigate, failure to bring to
justice perpetrators of such violations could in and of itself give rise to
a separate breach of the Covenant. These obligations arise notably in
respect of those violations recognized as criminal under either
domestic or international law, such as torture and similar cruel,
inhuman and degrading treatment (article 7), summary and arbitrary
killing (article 6) and enforced disappearance (articles 7 and 9 and,
frequently, 6) [...] 19. The Committee further takes the view that the
right to an effective remedy may in certain circumstances require
States Parties to provide for and implement provisional or interim
measures to avoid continuing violations and to endeavour to repair at
the earliest possible opportunity any harm that may have been caused
by such violations.
131. The right to a fair trial, or its constituent elements, is a fundamental principle of international law,
and is reflected in human rights instruments such as CEDAW (Article 15), CRC (Article 40), the
Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families
(CMW, Article 18), the Convention for the Protection of All Persons from Enforced Disappearance
(CED, Article 11(3)), CRPD (Article 13), the African Charter on Human and Peoples’ Rights (ACHPR,
Article 7), the African Charter on the Rights and Welfare of the Child (ACRWC, Article 17(c)), the
ACHR (Articles 8-9, and 24), the American Declaration on the Rights and Duties of Man (Articles
18 and 26), the Arab Charter on Human Rights (Articles 11-13), and the Charter of Fundamental
Rights of the EU (Article 47). It is well established that this international legal right includes the
rights to qualified legal counsel of one’s choice, legal representation and assistance, and legal aid.
These constituent elements are often the most critical safeguards in the context of any person
deprived of their nationality.224
224
Human Rights Committee, ‘General Comment No.
’
CCPR C GC
66
, paras.
and
.
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