Such a remedy must be accessible, binding, capable of bringing perpetrators to justice, provide appropriate reparations, and prevent further violations of the person's rights.
It is a practical means of protecting human rights on the state level and requires the state to not just only protect human rights de jure but also in practice for individual cases.
Courts have found that an excessively formal process may violate the right to an effective remedy, especially when a lawyer is not provided.
[11] The United Nations Human Rights Committee has stated that in cases of torture, the right to an effective remedy requires states to investigate allegations of torture, prosecute perpetrators, provide compensation to victims, and prevent similar violations from occurring again.
[12] The principle of the right to an effective remedy is expressed in article 14 of the United Nations Convention against Torture.