Right to an effective remedy

Article 13 requires the provision of effective national remedies for the breach of a Convention right.

Claims under this Article will usually involve the Court examining the domestic legal regime to see if it gives a remedy in the circumstances and whether that remedy is effective, so it essentially concerns lawmakers and the courts rather than officials dealing with the public. The Article specifically requires a remedy "notwithstanding that the violation has been committed by persons acting in an official capacity", so national laws giving immunity to public officials are contrary to the Convention.

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