ABSTRACT
Of all the fundamental principles set forth in the UDHR,1 few have been so transformed over the ensuing six decades as Article 8’s ‘right to an effective remedy’. During the drafting of the UDHR, the provision on remedies appears to have been essentially an afterthought.2 Indeed, for decades thereafter, remedies did not occupy a prominent role in human rights discourse, and the content of the right to a remedy was little developed.3 That has changed. The international human rights community has successfully pushed for creation of international remedial mechanisms, and international case-law and soft-law instruments have begun to establish principles governing reparations. This chapter reviews those developments and assesses the current state of the law of remedies.
