International legal remedies must be explored.

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.

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

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

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.

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

This remedy is available to Pakistan citizens in government service.

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

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

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.

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.

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 actions of the legislature and the executive are subject to legal review by the judiciary any activity deemed inconsistent with the law can be subject to judicial remedy.

4.3 The State party maintains that the remedy of judicial review is based on the French system and that for historical and philosophical reasons it arose as a review limited to questions of law, and that it maintains this character in various European countries.

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.

3.5 On exhaustion of domestic remedies, the author submits that a complaint to the Supreme Court would have been futile, in the light of its jurisprudence on similar cases, and that no other remedies are available to him under Dutch law.

The Committee recommends that the State party provide for the relevant provisions in national legislation and inform the public of the availability of all legal remedies in the field of racial discrimination.

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

Other remedies available to the victim include access to administrative and other bodies, as well as mechanisms, modalities and proceedings conducted in accordance with domestic law.

(b) Take measures to minimize the inconvenience to victims and their representatives, protect against unlawful interference with their privacy as appropriate and ensure their safety from intimidation and retaliation, as well as that of their families and witnesses, before, during and after judicial, administrative, or other proceedings that affect the interests of victims

First, in the area of remedies, the articles were not intended to disturb the general rule that a court in one State had no enforcement jurisdiction to issue coercive equitable relief, such as injunctions, to dictate the conduct of a foreign sovereign.

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

Redress for women who face discrimination due to HIV AIDS, like redress for discrimination in other areas, cannot be achieved without eliminating gender biases in the laws and the judicial system.

Notes

The Constitutional Court should also be seen as a remedy, as it was mandated to rule in individual claims that a legal provision violated a constitutional provision.

The Committee urges that the State party ensure that appropriate provisions are available in national legislation regarding effective protection and remedies against violation of the Convention and disseminate to the public information on the legal remedies available against those violations as widely as possible.

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

However, Member States, too, had an obligation to provide adequate legal protection and to remedy the defects in the current protection system.

After national legal remedies have been exhausted, they may submit a complaint to the Committee on the elimination of all forms of discrimination against women.

After declining the Superior Court's invitation to supplement evidence, counsel for the corporation unsuccessfully attempted to do so in the Court of Appeal.

The law also provides for compensation.

This type of problem should be able to be solved.

(d) Remedies for breach of patent rights

(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.

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

Hence the Constitutional Court considered that as a result of the counsel's failure to appear, it had not been possible, before the matter was brought before it, to exhaust the possibilities offered by the legal system to enable the organs of the judiciary to remedy the violation of the fundamental rights which is alleged to have occurred an indispensable condition required by the nature of the remedy of amparo as a review mechanism.

A court may choose not to grant a remedy to an applicant who is otherwise entitled.

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.

4.13 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.

The law also provides that a court on application for a legal remedy (appeal) shall hear the parties and receive the prosecutor's proposal before declaring a claim inadmissible.

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

14. An adequate, effective and prompt remedy for gross violations of international human rights law or serious violations of international humanitarian law should include all available and appropriate international processes in which a person may have legal standing and should be without prejudice to any other domestic remedies.

An adequate, effective and prompt remedy for gross violations of international human rights law or serious violations of international humanitarian law should include all available and appropriate international processes in which a person may have legal standing and should be without prejudice to any other domestic remedies.

Access to justice for women is lacking.

Convinced that, through their own national legal and judicial systems, States must provide appropriate civil, criminal and administrative remedies for violations of human rights,