V. LEGAL REMEDIES

International legal remedies must be explored.

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

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.

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.

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.

Finally, he has exhausted all legal remedies open to him.

3.8 It is submitted that all domestic remedies have been exhausted.

Substantive issues Right to equality before the law and equal protection of the law Right to an effective remedy

That subjective assessment is irrelevant to the objective existence of remedies.

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.

A view was expressed that relief under article 15 should be limited to relief currently available under the law of the enacting State.

Effective complaints procedures and remedies, including compensation, should be provided.

Many might not be informed of the legal remedies available.

Thus, Swedish law provides for effective judicial remedies in the author s situation.

quot (f) granting other relief that may be available under the laws of this State or the laws of the State where the foreign proceeding is taking place. quot

Remediable way?

This remedy is available to Pakistan citizens in government service.

2.2 It is contended by counsel that constitutional remedies are not, in practice, available to the author, who lacks financial means.

2.2 It is contended by counsel that constitutional remedies are not, in practice, available to the author, who lacks financial means.

Still other replies indicate that there is no legal obligation on the State party to provide a remedy, but that a remedy will be afforded to the complainant on an ex gratia basis.

As provided in the draft Model Provisions, provisional relief was not automatically granted, and the foreign representative was only given the right to apply to the court for provisional relief.

6. Remedies, compensation and restitution

They had not lodged any complaints or taken legal proceedings with a view to exhausting the quot domestic remedy quot .

The complainants must further observe statutory deadlines laid down in the law while availing themselves of domestic remedies.

However, the Working Group considered that relief under article 15 (as well as article 17) was discretionary and that there was, therefore, no need to make the issuance of the discretionary relief subject to exceptions and limitations contained in the law of the enacting State.

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.

That is why the State must, in the framework of its legislation, provide the legal regime for these remedies.

2.6 Counsel contends that, in practice, constitutional remedies are not available to the author because he is indigent and Jamaica does not make legal aid available for the purpose of constitutional motions.

They lacked access to social services and justice and that needed to be remedied.

The Convention is comprehensive and also allows for individual relief at the regional level.

8.5 The author explains that his attorney felt that there were no effective remedies and that was why they did not pursue their appeals.

(c) Effective remedies.

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.

The reason is that relief under article 15 (as well as article 17) is discretionary and there is, therefore, no need to make the issuance of the discretionary relief subject to exceptions and limitations contained in the law of the enacting State.

This may include the provision of legal assistance to victims of human rights violations in instances where the victims do not have adequate resources to pursue legal remedies.

The author describes this remedy as an extraordinary remedy and one which is only available in cases of a violation of the law by lower courts.

The last suggestion was objected to since it was implicit, by virtue of the discretionary nature of the relief under article 17, that the court would, in deciding whether to give relief and how broad should the relief be, have regard to its own law.

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

Consequently, they are entitled, under article 2, paragraph 3 (a), of the Covenant to an effective remedy.

On the contrary, all local administrative and legal remedies should be exhausted before resorting to arbitration.

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.

11. States should ensure that adequate and effective legal or other appropriate remedies are available to any persons claiming that his her right of protection against forced evictions has been violated or is under threat of violation.

In other settings, there is no effective legal system to provide a remedy, or indigenous peoples cannot afford to pay for necessary professional legal representation, or they cannot use the language required by the courts or legal agencies, or they cannot travel to the courts or legal agencies, or they simply do not know that legal remedies may be available.

Notes