8 - A Relative Standard

Summary

Chapter 8 accounts for factors explicitly emphasized in the Court's case law which may influence the relative standard of effectiveness arising under Article 13. Indeed, States have a margin of appreciation which provides for different possibilites for assuring effective remedies in practice, for example, in penal, civil, constitutional or administrative proceedings. However, the proceedings must satisfy the minimum requirements, of access to justice and redress. These requirements may be influced by, for example, the character and degree of the violation, the context in which the remedies operate, including whether the remedial problems stems from a systemic problem and the personal situation of the applicant. Such factors may, in practice, lead to the conclusion that only a limited selection of remedies, or even only one remedy, may be effective.