Method of Seeking Redress in Court
However, it is advisable to consult a lawyer who will help you seek redress in cases of human rights violations for the following reasons: This chapter examines several puzzles arising from a rights holder`s decision to seek or not seek redress. First, there are cases where it would be desirable in various respects for a plaintiff to bring an action. This is a striking feature of private law that a plaintiff is nevertheless free not to sue, even if it would be preferable (for him or for society) for him to sue. Second, there are cases where a rights holder can legally enforce his rights, but it would be morally reprehensible to enforce them. This chapter examines the mechanisms by which private law addresses these concerns; More importantly, just doctrine often limits excessively harsh forms of reparation. This feature of justice is important not only because of its impact on legal protection, but also because of its impact on the role of the state in supporting private parties. Chapter 8 concludes with an analysis of the relationship between justice in reparation and justice in equity. There are several reasons why the courts are the preferred forum for seeking redress for human rights violations. The first is that the courts are the only permanent structure created by law that has the power to enforce and enforce human rights violations. As an alternative to the criminal justice system, the Centre for Victims of Torture (CVICT) in Nepal has launched a community mediation process.
This process prevents some people from being arrested unnecessarily and taken to police stations, where 60 per cent of detainees are tortured to confess. CVICT studied the types of conflicts that have arisen and then developed a training course for community leaders, including women and Dalits (the untouchable caste), on how to resolve disputes using a rights-based community mediation method. Community mediation would be available for disputes other than violent crime and for all, regardless of age, gender, class or caste. To recruit trainers, CVICT organized mass meetings in each community and requested nominations. The trainers were then trained in human rights, local laws and dispute handling methods. Many of those already involved in dispute resolution were able to draw on their existing expertise. These trainers then trained others at the local level. 5. Judicial and administrative mechanisms should be put in place and, where necessary, strengthened to enable victims to obtain redress through formal, fair, inexpensive and accessible procedures. Victims should be informed of their right to seek redress under these mechanisms. The Center for Justice and Accountability (CJA) assists torture victims by using U.S. federal law to file complaints against their torturers, regardless of the country in which the torture took place.
This tactic shows that reparations can be sought against torturers. By creating and enforcing such laws, governments demonstrate their commitment to justice for victims and to denouncing those guilty of crimes against humanity. Thirdly, the courts have a standard procedure for receiving and hearing complaints of human rights violations. This is provided for in the Rules of Procedure for the Respect for Fundamental Rights (2009) and applies to any complaint relating to the application of human rights submitted to the Court. Reparations for human rights violations can be sought in the following locations: From the above, it is evident that human rights violations in Nigeria are unlikely to disappear anytime soon, so the need to know how to seek redress is important for every Nigerian. The decision to seek redress for human rights violations in other bodies such as the National Human Rights Commission and the Public Complaints Commission has certain advantages. The first is that these bodies use a less formal procedure to receive and hear complaints of human rights violations. Unlike other institutions where complaints of human rights violations can be filed, Nigerian courts are the preferred place to seek redress for human rights violations. Knowing how to seek redress for human rights violations in Nigeria is crucial for the well-being of every Nigerian, as the increase in cases of human rights violations will only decrease as victims begin to seek redress. 4.
Victims should be treated with compassion and respect for their dignity. They have the right to access justice mechanisms and to obtain immediate compensation for the harm they have suffered, as provided for in national law. (7) Informal dispute resolution mechanisms, including mediation, arbitration and customary law or indigenous practices, should be used, where appropriate, to facilitate mediation and reparation for victims. When abuses are hidden or accepted by members of society, it can be difficult for victims to prove that a human rights violation has occurred. A group in Hungary is using a testing method to prove discrimination and take legal action on behalf of victims.