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These guidelines aim at providing a practical tool to assist States and agencies in developing policies, legislation, procedures and preventive measures to ensure that forced evictions do not take place, and to provide effective remedies to those whose human rights have been violated, should prevention fail. (...) States must ensure that adequate and effective legal or other appropriate remedies are available to any person claiming that his/her right to protection against forced evictions has been violated or is under threat of violation. 18.

Работал в Международной организации труда над подготовкой исследования на тему «Средства судебной защиты в случае кабального труда» («Judicial Remedies for Bonded Labour»). По поручению ЮНИФЕМ подготовил проект закона о предупреждении насилия в семье – 2008 год.

In addition to the judicial ones, besides the jurisdiction of the European Court of Human Rights, there are governmental/administrative and parliamentary remedies. To further consolidate these reforms, preparations are underway for the establishment of a National Human Rights Institution compliant with the Paris Principles.

The Court concluded that the Government must put in place, within one year from the time the judgement became final, an effective domestic remedy or a combination of such remedies capable of affording adequate and sufficient redress in cases of overcrowding in prisons. (...) With regard to the Torreggiani judgement, the Government pointed out that new remedies, both preventive and compensatory, had been introduced by Italy, as requested by the European Court of Human Rights. (...) On 16 September 2014, the Court, taking into consideration the efforts made by the Government to establish preventive and compensatory remedies, delivered two decisions, Stella v. Italy and Rexhepi v.

DIMIA officials cited as an example that if detention is effected on grounds not provided in the Migration Act 1958 (e.g. the detainee contests that he/she is an unlawful non-citizen), a writ of mandamus or of habeas corpus are remedies available to him/her. 22. The Working Group obviously does not contest the existence of such constitutional remedies. However, it is unlikely that these remedies are effective in ordinary immigration detention cases. (...) Moreover, no example has been provided of such remedies having ever been used. IV. COMPLIANCE WITH INTERNATIONAL STANDARDS 23.

Opportunity for real partnership ........................................................... 11–21 6 C. Remedies for breaches of the Treaty of Waitangi ................................. 22–42 8 D. (...) Finally, there are complaints of several barriers to the effective participation of Maori in decision-making, including inadequate technical capacity at times, the costs affiliated with ongoing negotiations, and often, the lack of political will to implement what are perceived as “special measures” for Maori people. C. Remedies for breaches of the Treaty of Waitangi 22. (...) (In this connection, the Waitangi Tribunal has clearly found that “it is in breach of Treaty principle for the Crown to exclude petroleum-based remedies from settlements”.26) While, as noted in paragraph 34 above, the Government has recently shown more flexibility in considering remedies for the loss of certain resources, such as culturally significant sites within conservation areas, it is evident that much more needs to be done in this regard to satisfy Maori claimants. 41.

Provision of effective redress, including reparations...................................... 69–71 17 E. Remedies for specific groups at risk............................................................... 72–74 17 V.

In fact, it is not the absence of a political settlement but the refusal of the Greek Cypriot side to set up direct A/HRC/49/G/20 4 GE.22-06284 contact and cooperation with the Turkish Cypriot side on the issues of mutual concern, including human rights issues, that impedes the remedies to different challenges. I would like to stress that the Turkish Cypriot side is prepared to engage in a bi-lateral cooperation with the Office of the High Commissioner for Human Rights (OHCHR) to be able to address all the matters concerning human rights. (...) For the pilot area in question, the IPC will now be able to process and decide on the applications made through any one of the remedies in place, namely, restitution, compensation and/or exchange. IPC was established in 2005 by the TRNC and is recognized as an effective domestic remedy by the European Court of Human Rights with the authority to deal with applications and deliver decisions on the property claims by providing remedies in the form of restitution, compensation and/or exchange.

Canada has obligations regarding the rights to information, participation, access to justice and remedies, and specific obligations regarding the rights of indigenous peoples, children, people of different genders, workers, minorities, migrants and persons with disabilities, among other vulnerable groups, as discussed below. (...) Furthermore, communities have reported delays in the delivery of effective remedies, lack of funding and inadequate political will to secure a dignified life for them and future generations.49 38. (...) While health care is available and accessible to many in Canada, it can reduce individuals’ motivation to pursue judicial remedies, which artificially lowers recorded incidences and does not contribute to improvements in prevention or accountability.

The legal safeguards and remedies in Argentina protecting against infringement of the right to privacy compare relatively well and can be considered to be among the leading examples in South America. 7. (...) To date, however, it would seem that the domestic remedies afforded by the Supreme Court, inter alia, have been sufficient to protect the right to privacy in Argentina without recourse to the Inter-American Court of Human Rights. (...) Member States have therefore been left to establish their own safeguards and remedies with respect to State-led surveillance. The approach of Argentina to this subject has been very much an autochthonous one, as further outlined in the following section on surveillance.