Article 8: Right to Remedy by Competent Tribunal

  • Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law.

This right means that every human who is subject to a violation of its rights also has the right to receive a remedy for said violation by the national tribunal. This means that your human, national and constitutional rights are protected by the law.

If a person’s rights are violated, whether that is his human rights or his rights given by the law of his country, he is entitled to an effective remedy. What an effective remedy is, depends on the case. But in all cases, this gives the victims the right to access the court. Meaning that victims have the opportunity to have their cases reviewed by a national tribunal. This also includes the right to free legal help if the victim can not afford it on their own. But not only does this give victims access to the tribunal, it also grants them the right to a satisfying remedy f.ex. compensation or something else depending on the case.

This right is essentially the right, that will secure that all of a person’s rights are respected. It does that by holding the nations accountable for violations of their people’s rights. They are obligated to offer an effective remedy, which in theory should be the security of each person’s individual rights. For example, If an imprisoned person experiences inhumane treatment in violation of Human Right Article 5, the person can claim a remedy by the national tribunal. They have the right to legal assistance, a trial, compensation, a hearing, or another remedy depending on the case. 

Written by Nanna Orloff Mortensen