What is the right to an effective remedy?

The right to an effective remedy is a fundamental human right enshrined in a number of international and regional human rights law instruments. It is a right provided to those whose rights have been violated, and allows them to seek redress from the state or other responsible party when their rights have been infringed. This right ensures that people can turn to the courts for help in enforcing their rights if they have been violated. In Washington, the right to an effective remedy is recognized by the Washington State Constitution. Specifically, it states that, “all courts shall be open, and every person, for an injury done him in his land, goods, person, or reputation, shall have remedy by due course of law, and shall have justice and right, and a speedy remedy administered without sale, denial, or delay”. This is a strong statement affirming the right to an effective remedy, as it emphasizes the right of every person to seek justice in court if their rights have been infringed upon. The Washington Supreme Court has also recognized this right in a number of decisions, such as its 2007 decision in State v. Stinson, which held that the defendants had a right to seek an effective remedy in a criminal case. By recognizing the right to an effective remedy, the court ensures that individuals can seek justice if their rights have been violated. Ultimately, the right to an effective remedy is an important right that allows individuals to seek justice and compensation for violations of their human rights. In Washington, this right is recognized in the state constitution and is enforced by the courts. This right serves as an important reminder that even if one’s rights have been violated, they can still use the court system to seek justice and compensation.

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What is the right to an effective remedy?

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