Africa indicating that everyone has the right to an effective remedy before the
competent national courts against acts violating rights granted by the
Constitution, law or charter, even if the acts were committed by persons acting in
an official capacity= . This right is also reflected in Article 7(1) (a) of the African
Charter, which defines one aspect of the right to have one's case heard as the right
to have recourse to the competent national courts against any act violating one's
fundamental rights as recognised and guaranteed by the conventions, laws,
regulations and customs in force.w
l
.;..+,.
'A
160. As the Commission has already indicated, ,tHe right to an effective remedy
includes access to justice, redress for harm~'~l,lffered"and access to factual
information about violationss" . In Association of v.l~tims oJ.Post Electoral Violence &
INTERIGHTS v Cameroon, the Commission furtner ~larified that an effective
remedy is one that not only exists de facto, but is also accessible to .the party
concerned and is also appropriate to allow for the denunciation of the alleged
violations and the payment ot'aRpropriate compensation. 68
.#)<
161. In particular, the right
J9. an effective remedy guarantees the individual the
possibility to seek redressefnom the State tb!ough the competent judicial bodies.
Thus, this right would-be jeo~araised if, f0th~?<ample,a law prevented violated
rights from being asserted befo~e the compe~ht bodies or when legal action is
used to obstruct their referral. THeguarantee of the right to an effective remedy
also includes the administration of justice. The latter must be organised in such a
waY,as ~o ensure fairness for all, regardl~Elsof the identity of the parties to the
prOCeedlI1gs
and
the nature of the proceedings themselves.
{;.
.
'"
"'<'"
.;.
,
162. In the pr~s$~ntcas~"th~ Commission is called upon to determine whether there is
no avenu~'\PR:n)q::Hl~~iS.ti~s to app~y to the competent ?odies to es:ablish the
alleged VIOltions and aW{l~9 reparations where appropnate. In particular, the
Complainants'allege that the high rates of preventable maternal injury and death
in Nigeria have lasted for more than a decade with hundreds of thousands of
women dying anc(that there is still no judicial or administrative admissibility or
remedy available to the victims or their families.
31