Grigoryan A.S. On Effectiveness and Accessibility of Domestic Remedies
DOI: https://doi.org/10.15688/lc.jvolsu.2018.3.7
Aleksandr S. Grigoryan, Postgraduate Student, Department of International Law, Diplomatic Academy of the Ministry of Foreign Affairs of the Russian Federation; Attaché of the Second European Department of the Ministry of Foreign Affairs of the Russian Federation, Smolenskaya-Sennaya Sq., 32/34, 119200 Moscow, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it.
Introduction: “efficiency” and “accessibility” are the properties of domestic remedies, and if the member countries to the international treaties in the field of human rights and freedoms are not able to provide their citizens with effective and accessible remedies, they do not fulfill the obligations under the international treaties. However, these international instruments do not contain the concepts of “effective” and “accessible” national remedies, but only some of the characteristics of these properties. In this regard, the purpose of the work is to formulate the definitions of an effective and accessible domestic remedy, based on the analysis of the practice of interstate bodies for the protection of human rights and freedoms. Results: the conclusions based on what is “an effective domestic remedy “and what is “an accessible domestic remedy” are based on the analysis of the positions of the universal and regional interstate bodies for the protection of human rights and freedoms. Conclusions: as a result of the study, it is proved that these interstate authorities have similar understanding of what is “effective” and what is “available” national remedy. The features of these properties are revealed, their definitions are formulated. It is noted that the member countries to the international treaties in the field of human rights and freedoms legally represented by their authorities should give sufficient attention to studying the practice of the interstate bodies for the protection of human rights and freedoms, which reveals the essence of the properties of “efficiency” and “accessibility” of the national remedies based on the subject matter and circumstances of a particular case.
Key words: international treaty in the field of the rights and freedoms of the person, interstate body for the protection of the rights and freedoms of the person, Treaty body of the UN, European Court of human rights, Inter-American court of Human Rights, effectiveness of domestic remedies, availability of domestic remedies.
Citation. Grigoryan A.S. On Effectiveness and Accessibility of Domestic Remedies. Legal Concept, 2018, vol. 17, no. 3, pp. 48-53. DOI: https://doi.org/10.15688/lc.jvolsu.2018.3.7
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