10. The International Covenant on Economic, Social and Cultural Rights also recognizes that everyone has the right to an effective remedy, be it judicial or administrative. The Committee on Economic, Social and Cultural Rights has determined that, should an administrative remedy be deemed appropriate, it too must be “accessible, affordable, timely and effective”.⁸ The Committee against Torture has interpreted the provision of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment on redress as encompassing the concepts of effective remedy and reparation, and emphasized the importance of victim participation in achieving the ultimate objective of restoration of the dignity of the victim.⁹ The Committee on the Elimination of Discrimination against Women adopted a general recommendation on women’s access to justice in which it recognized that effective access to justice optimizes the emancipatory and transformative potential of the law. It encompasses justiciability, availability, accessibility, good quality, the provision of remedies and accountability of justice systems.¹⁰ The Committee on the Rights of the Child also calls for particular attention by States parties to ensure that effective, child-sensitive procedures are available to children and their representatives in accessing independent complaint procedures and courts.¹¹ Similarly, the regional human rights mechanisms also enshrine the right to fair trial and an effective remedy.¹²
⁸ See general comment No. 9 (1998) on the domestic application of the Covenant, para. 9.
⁹ See general comment No. 3 (2012) on the implementation of article 14, paras. 2 and 4.
¹⁰ See general recommendation No. 33 (2015) on women’s access to justice, paras. 1 and 2.
¹¹ See general comment No. 5 (2003) on general measures of implementation of the Convention, para. 24.
¹² African Charter on Human and Peoples’ Rights, art. 7; Convention on the Protection of Human Rights and Fundamental Freedoms (European Convention on Human Rights), arts. 6 and 13; American Convention on Human Rights, arts. 8 and 10.