Human rights can be restricted in many ways. They are most commonly restricted by an individual written decision issued by a state authority or officials or by their actions. Restrictions on human rights may also be included directly in law in the form of general measures. In all cases, you have the right to challenge restrictions on human rights before an independent court or other independent body.
Effective remedy
If your rights have been restricted, you have the right to challenge the legality and validity of that restriction. This right is known as the right to an effective remedy.
The right to an effective remedy guarantees every person, who considers that their human rights have been unduly restricted, access to a court or other independent body which can examine all aspects of the complaint and offer a preventive remedy or at least compensation if rights have already been violated.
About this Guide
This section of the Guide explains the ways in which human rights may be restricted and the obligations which the State has when restricting human rights in each way. It also explains the right to an effective remedy and the mechanisms which are available for you to challenge human rights restrictions.
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