The interested party or another person in his behalf is entitled to seek these remedies .

The interested party or another person on his behalf is entitled to seek these remedies.

The victim could also seek civil redress.

In that connection, he states that no legal aid is available to the author to pursue that remedy.

While they currently seek compensation, they sought a remedy of restoration at an earlier point and of their own accord modified those pleadings to omit this aspect of remedy.

It had also transpired that no domestic remedies had been pursued in Zaire to secure his release.

That Mr. Barbaro was not informed of potential judicial remedies by the judicial authorities of South Australia did not absolve him from seeking to pursue avenues of judicial redress.

Any victim of torture by the police can seek redress under both the criminal and civil legal systems.

Mere doubts about the effectiveness of such remedies, or the belief that the resort to them may incur costs, do not absolve a complainant from pursuing them.

With respect to judicial remedies, she said that the Employment Law offered women the possibility to seek redress in cases of discrimination when entering employment or giving notice of termination, during employment, in regard to remuneration, and in the case of dismissal from work without a legal basis.

She can however approach the courts and seek compensation.

5.6 On the merits, the State party submits that the mere fact that the author could not pursue a remedy through the HREOC, a body with limited jurisdiction, does not mean that he could not pursue a remedy through another body (see paragraphs 5.2 and 5.3 above).

Twenty seven States reported that the law guaranteed that victims were treated fairly, informed of their rights to seek redress and involved in the process to obtain redress.

(b) Since the questions related to whether or not there was any truth to the allegations, we had hoped that the Committee's observation would have taken account of the additional information which had been requested on that subject

In the interim, aggrieved parties were being encouraged to seek redress directly through the courts where possible.

They shall also guarantee every person subject to their jurisdiction the right to seek a legal remedy before courts of all levels .

Belgium noted that the process for seeking redress varied from 1 month to more than 36 months.

They seek, inter alia, a remedy that would restore their hunting and fishing rights outside the reserves.

While assertion of the right to pursue ordinary remedies (appeals) has largely become a matter of course, appeals to the court of cassation on points of law, which constitute an extraordinary remedy, figure prominently in the development of the right to an effective remedy against final court decisions.

(h) To protect women in the process of seeking redress from further victimization because of gender insensitive laws or practices

Judicial, administrative, legislative or other competent authorities should be empowered by the law of the State to make a ruling on the rights of the person seeking the remedy.

Notes

The implementation of the Programme, which is expected in the 2007 08 financial year, will work towards achieving more sensitive and gender equitable responses by the criminal justice sector to victims of sexual assault who pursue legal redress through the courts, thereby increasing access to legal redress and reducing the likelihood and or impact of secondary harm to the victim.

If a judicial review is accepted, the Federal Court sends the file back to the body which took the original decision or to another body for reconsideration with a view to reaching a fresh decision.

As regards the question of rehabilitation, the person concerned must seek redress with the public prosecutor apos s office or the court which handed down the most recent decision.

Aliens seeking immigration or asylum are ill equipped to pursue effectively their legal rights or remedies that they might have under the applicable legislation.

(d) Remedies for breach of patent rights

The memory of Rwanda, Srebrenica or, quite recently, Darfur should lead us to look for urgent remedies.

Complementarities therefore needed to be sought.

. On the question related to the possibility for the victim to obtain redress through formal or informal procedures, by judicial and administrative mechanisms, all responding States indicated that victims of crimes were able, in principle, to seek redress through formal or informal means.

2.5 Counsel does not indicate whether any steps have been taken in Kinshasa to pursue domestic remedies in respect of the abduction of Mr. Tshishimbi.

(c) Provide proper assistance to victims seeking access to justice

(b) The claim is one to which the rule of exhaustion of local remedies applies and any available and effective local remedy has not been exhausted.

4.11 With regard to exhaustion of domestic remedies, the Committee takes note of the author's argument that, following his escape from house arrest in 1988, he was not in a position to seek redress at the domestic level, as a person who was wanted in Cameroon.

2.8 As to the exhaustion of domestic remedies in respect of the physical abuse to which the author was allegedly subjected, it is stated that a lawyer filed a complaint against the police officers on the author apos s behalf.

In addition, such specialized legislation may provide for civil remedies, such as protection orders, so that women are able to seek relief without necessarily initiating criminal proceedings against the perpetrators.

Procedural issues Author's lack of standing to submit a communication about company rights domestic remedies instituted or pursued by a company

It is the Committee apos s view that remedial measures should be sought to avoid families apos over dependence on their children, in particular providing them with care in their old age.

. More than one half of the respondents stated that victims were always, on a mandatory basis, informed of their rights in seeking redress.

6.2 The author argues that the current proceedings before the Federal Court raise different issues and cannot grant him the remedy he seeks.

The State party points out that it would be open to seek a remedy of restoration of hunting and fishing rights in the appropriate provincial jurisdiction.

In accordance with international customary law, diplomatic protection should be invoked only after local remedies had been exhausted, and when it was invoked, State sovereignty and jurisdiction should be fully respected.

Such a requirement should also have a legitimate aim and respect the requirement of proportionality in order to constitute a legal ground for discrimination.

F. Remedies called for under the Committee apos s Views

Ms. García (Paraguay) said that there were two legal remedies in Paraguay for cases of domestic violence Act No. 1600 on domestic violence represented the civil remedy, while the Penal Code represented the criminal remedy.