Part I State Obligations and Rights Protected, Ch.II Civil and Political Rights, Art.25: Right to Judicial Protection

Abstract

This chapter addresses Article 25 of the American Convention on Human Rights (ACHR), which protects both an individual right to effective remedy for “fundamental rights” violations and a State obligation to organize such remedies. Although autonomous, Article 25 has strong and close relationship with other provisions and rights of the ACHR, such as Article 1 and Article 8. The States' obligations to offer effective remedies to victims of fundamental rights violations (in accordance with Article 25), are interpreted under criteria required by the principles of the fair trial and due process as defined in Article 8-1 of the ACHR. Moreover, these obligations are part of the general obligation to guarantee the free and full exercise of the rights of the Convention without any discrimination (Article 1). Article 25 of the ACHR thus occupies a major place and is a basic foundation of the rule of law, particularly each time it makes a decisive contribution to guaranteeing access to justice, and the fight against impunity.