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(p. 135) 7. The Right to an Effective Remedy 

(p. 135) 7. The Right to an Effective Remedy
(p. 135) 7. The Right to an Effective Remedy

Bernadette Rainey

, Elizabeth Wicks

, and Andclare Ovey

Page of

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date: 10 August 2020

This chapter examines the issue of remedy under the provisions of the European Convention on Human Rights (ECHR), addresses the question concerning the existence of an arguable complaint and the effectiveness of the remedy in the national legal order, and considers proceedings in cases involving violations by persons in an official capacity. It also discusses the approach of the Strasbourg Court in the determination of remedies and the increasing use of Article 13 to tackle repetitive cases by requesting respondent States to create remedies so that the complaints can be dealt with at national level.

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