Remediable way?

(c) Effective remedies.

V. LEGAL REMEDIES

In any event, given the grave nature of the case, only a criminal remedy can be considered effective and sufficient and thus necessary to exhaust.

6. Remedies, compensation and restitution

To consider effective enforcement mechanisms and remedies.

5.2 On the issue of exhaustion of domestic remedies, the author states that no further remedies are available.

The Committee recommends that information be promulgated about these remedies and that the State party take action to support women who are entitled to take advantage of them (arts. 3 and 26).

5.2 In relation to the exhaustion of domestic remedies, counsel pointed out that, in accordance with the general principles of international law, the domestic remedies which must be exhausted are those which are effective, adequate or sufficient, in other words, which offer a serious chance of providing an effective remedy for the alleged violation.

The Federal Court also has authority to order the stay of an expulsion order pending consideration of an application for judicial review.

Recommendations and remedial actions

This type of problem should be able to be solved.

(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.

Consequently, the State must institute remedies and prescribe reasonable time limits for exercising and examining them.

6.4 To the extent that the State party suggests that negotiations should be pursued, the author argues that these are not remedies in terms of the Optional Protocol, and, in any event, that the State party has not shown they would effectively restore the harvesting rights.

8.4 Concerning the State party's arguments that on going negotiations might provide an effective remedy, the Committee referred to its jurisprudence that remedies that must be exhausted for the purposes of the Optional Protocol are, primarily, judicial remedies.

6.3 The Committee recalls that mere doubts about the effectiveness of remedies do not absolve an individual from exhausting them.

The State party recalls that the author did not avail himself of these remedies, and thus did not exhaust domestic remedies.

3.8 As to the exhaustion of domestic remedies, the author argues, with respect to the pending civil complaint, that a victim is only required to pursue one remedy to exhaustion (that is, the criminal complaint), even if other remedies are available.

4.6 Counsel submits that the authors should be deemed to have complied with the requirement of exhaustion of domestic remedies, since available judicial remedies are clearly ineffective.

Persons likely to face racism and discrimination should be informed of remedies available at the international level, such as that provided by article 14 of the Convention, so that they can seek satisfaction before international bodies when domestic remedies have been exhausted.

It was therefore suggested that the guide should elaborate on the issue of review procedures, mentioning procedures and remedies typically available under national laws, and that it might be useful to formulate appropriate legislative recommendations.

The Committee recalls that the absence of cases may be due to the victims' lack of information about the existing remedies, and therefore recommends that the State party ensure that appropriate provisions are available in national legislation regarding effective protection and remedies against violation of the Convention and that the public at large is appropriately informed about their rights and the legal remedies available against their violation.

Consequently, domestic remedies have not been exhausted.

It observes that the author has not submitted that such remedies are ineffective or that such remedies would be unreasonably prolonged.

It is further argued that domestic remedies are ineffective in practice and would fail to offer the authors any protection or any remedy.

4.13 The State party maintains that the complainants have not exhausted the domestic remedies available to them and have not demonstrated that such remedies would be unreasonably prolonged or unlikely to bring effective relief.

It recommends that specific revisions be introduced in legislation to provide civil and criminal remedies for such actions against the person responsible (art. 23).

Another remedy available to him would have been a constitutional complaint.

With this, it is submitted, domestic remedies have been exhausted.

However, it is the Committee's constant jurisprudence that the rule of exhaustion applies only to the extent that those remedies are effective and available.

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

Procedural issues Exhaustion of domestic remedies

Otherwise, he would be left without any remedy.

When recommending a remedy, the Committee observes that

It does not provide enforceable remedies .

Recourse proceedings, though not a remedy in themselves, make it possible to achieve a remedy.

With this it is submitted that all domestic remedies are exhausted.

V. Recommendations and remedial action

(d) All available domestic remedies have not been exhausted. This shall not be the rule where the application of the remedies is unreasonably prolonged or unlikely to bring effective relief

The study and report are to include action oriented recommendations, for consideration by States, encompassing, inter alia, effective remedies and prevention and rehabilitation measures.

Thus, the international responsibility of a subject of law can be invoked only when no domestic remedy is available or if domestic remedies have been exhausted or are inadequate.

F. Remedies called for under the Committee apos s Views

6.5 With respect to the requirement of exhaustion of domestic remedies, the Committee recalls that only such remedies have to be exhausted which are both available and effective.

The effectiveness of that remedy had been recognized by the European Court of Human Rights.