Notes

(d) Remedies for breach of patent rights

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.

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

V. LEGAL REMEDIES

Remediable way?

(d) Remedy against a non compliance with the rules

6. Remedies, compensation and restitution

To find the right remedy we need the correct prescription.

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.

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.

(c) Effective remedies.

5.2 As to the availability of domestic remedies in respect of the other areas (not covered by the earlier communication), the authors contend that the State party's suggestion of available remedies is misplaced.

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

In the event of acquittal, there is no remedy available to the prosecution.

This type of problem should be able to be solved.

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 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.

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

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

The Committee considers that, in relation to those incidents, the author did exhaust all domestic remedies.

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

(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.

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

UNRWA attempted to address the challenges to its educational programmes by conducting remedial classes.

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

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

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

International legal remedies must be explored.

Consequently, domestic remedies have not been exhausted.

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 Government also indicated that Saadi Bouslimani had not exhausted all domestic remedies available to him and that some of these remedies were still 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.

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

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

Procedural issues Exhaustion of domestic remedies

Otherwise, he would be left without any remedy.

When recommending a remedy, the Committee observes that

Boris. Look here, we must do something about this foreground piece.

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.

2.4 The complainant claims that he has exhausted available domestic criminal remedies and refers to international jurisprudence according to which only a criminal remedy can be considered effective and sufficient in addressing violations of the kind at issue in the instant case.