![]() ![]() Instead, a declaratory judgement or a structural remedy may be appropriate. If you want to raise public awareness, asking for a large sum of compensation could be a bad idea as the public may think the case is only about money and not about establishing an important principle. (vii) Raising Public Awareness about a Violation (vi) Preventing a Violation Before it OccursĪn injunction stopping an event from happening, or order requiring government action, will be most appropriate in this circumstance.Ī wide range of courts around the world have prevented governments from deporting individuals to countries where they would be persecuted. This has protected future generations from exploitation. In the ECOWAS Community Court of Justice, key judgements have forced change on laws and customary rules concerning slavery in Niger and Mauritania. Equally, obtaining structural remedies (changing government policy/law) or declaratory judgements (confirming the legal position on an issue) can prevent future violations. (v) Preventing a Violation from Happening Againįorcing governments/companies to pay compensation for past wrongs can have a useful deterrent effect, stopping future abuses. If you want to stop a specific ongoing violation, an injunction or court order stopping an event/action will be most appropriate.Įxample: Legal Action Against Arbitrary DetentionĪcross the world, courts regularly order police to release people who have been wrongfully arrested, often without charge or evidence. In South Africa, the government was ordered to make available anti-retroviral drugs to pregnant women suffering from HIV across the country. This can uphold your rights.Įxample: Treatment Action Campaign v South Africa (iii) Securing Something that You Are Entitled toĪ court order requiring a government/company to act will often be the most appropriate remedy. INCREDIBLE LEGAL REMEDY TO GET ANY COURT CASE DISMISSED FREEBy clearing up the law, this has protected free speech against future government interference. In Uganda, the Supreme Court has outlined the boundaries of the right to freedom of expression in the constitution. This is important, as unclear laws can be abused by other groups. (ii) Getting Clarity on the Meaning of Unclear LawsĪ declaratory ruling will be most appropriate if this is your objective. ![]() ![]() This lead to the law being changed, ending the discrimination. In Australia, laws criminalising homosexuality were considered discriminatory by the UN Human Rights Committee. This could be order that requires the government to change the law. If this is your objective, it is likely a structural remedy will be required. What solution do I need to secure justice?Ĭonsider the following objectives and the remedies that could achieve them: (i) Changing the Law which Violates your Rights The remedy sought must be determined by your objectives in taking legal action. This means thinking about what “remedy” you want the court to order. Judgements can order government to change its policy in an areaĪs you prepare your case, it is important to think about what solution you want to achieve.Judgements can order Parliament or Congress to make or abolish a certain law.Judgements can influence the writing of laws in the future.This can help stop injustices from happening again. This changes the law so that if a similar event or activity happens in the future, it will also be unlawful. This is done by creating a “ legal precedent” (a rule that must be followed in the future). In addition to remedies relating to a specific action, a successful case can change the law or government policy. This is often known as damages or restitution. An example could be an order stopping a mine being built near your land.Ī ruling ordering a payment to a group of people who have been legally wronged.This is often known as a prohibitive injunction. (iv) A legal order stopping an event from happening An example could be an order requiring the government to provide housing for homeless peoples.This is sometimes known as a mandatory injunction. (ii) A legal order requiring an action to be taken An example could be a statement that a law violates your human rights.Once a court finds there has been a legal wrong, the following remedies may be available:Ī declaratory judgement is a ruling that expresses authoritative support for a group’s argument or complaint. ![]()
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