A/HRC/2/2
A/HRC/Sub.1/58/36
page 15
2006/2. Right to an effective remedy
The Sub-Commission on the Promotion and Protection of Human Rights,
Guided by the Charter of the United Nations and the Universal Declaration of
Human Rights,
Recalling that the General Assembly in its resolution 60/251 of 3 April 2006 lay great
emphasis on the issue of implementation by stating that the Human Rights Council shall
“promote the full implementation of human rights obligations” undertaken by States,
Bearing in mind the relationship between the broader question of the implementation of
human rights law and its particular manifestation in the right to an effective remedy,
Recognizing the importance of the implementation in practice of the right to an effective
remedy and the role such a right plays in preventing human rights violations,
Considering the discussions during its fifty-seventh and fifty-eighth sessions in which the
scope and content of the right to an effective remedy was clarified,
Recalling the working paper submitted at its fifty-seventh session by Mohamed Habib
Cherif on the right to an effective remedy in criminal proceedings (E/CN.4/Sub.2/2005/13), the
working paper submitted at its fifty-seventh session by Françoise Hampson on the
implementation in domestic law of the right to an effective remedy in civil matters against
violations of human rights by State agents (E/CN.4/Sub.2/2005/15) and the conference room
paper on the implementation in practice of the right to an effective remedy for human rights
violations submitted by Françoise Hampson and Mohamed Habib Cherif at its fifty-eighth
session (A/HRC/Sub.1/58/CRP.4),
1.
Endorses the conclusions and recommendations contained in the working papers
and the conference room paper;
2.
Decides to appoint Mohamed Habib Cherif as Special Rapporteur with the task of
preparing a comprehensive study on the implementation in practice of the right to an effective
remedy for human rights violations based on his working paper, the working paper of
Françoise Hampson and the conference room paper presented by both of them, as well as the
comments received and the discussions that took place at the fifty-seventh and fifty-eighth
sessions of the Sub-Commission, and requests the Special Rapporteur to submit a preliminary
report to the Sub-Commission at its fifty-ninth session or to the first session of the future expert
advice mechanism and a progress report and final report in the following years;
3.
Requests the Secretary-General to provide the Special Rapporteur with all the
assistance necessary to accomplish this task;
4.
adoption:
Recommends the following draft decision to the Human Rights Council for
[For the text, see chap. I, draft decision 1.]
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