E/CN.4/1992/52
page 138
Canada
"Section 24 of the Canadian Charter of Rights and Freedoms provides that
any one whose Charter rights or freedoms have been infringed may apply to a
court for an appropriate and just remedy. The courts have indicated that this
provision gives them a wide discretion to frame an appropriate remedy in the
circumstances. Section 52 of the Constitution Act 1982 provides that a law
which is inconsistent with the Constitution of Canada, which includes the
Charter, is of no force and effect.
Human rights legislation provides a wide spectrum of remedies for persons
whose rights under such legislation have been infringed. For example, under
the Canadian Human Rights Act a Human Rights Tribunal may inter alia order the
person found to have committed a discriminatory practice to cease such
practice, to adopt an affirmative action programme, to make available to the
person discriminated against those rights that were denied him or her, and/or
to compensate the victim for the loss of wages or expenses incurred as a
result of the discrimination."
Cyprus
"Any person complaining to be a victim of such discrimination by a public
authority may, as a first step, ask to remedy the situation through a petition
to such authority (administrative recourse). If the remedy sought is denied
then he may have recourse to the competent Court.
Article 146 of the Constitution provides an effective judicial remedy
against 'any decision, act or omission of any organ, authority or person which
is contrary to any of the provisions of the Constitution or of any law or
which is made in excess or in abuse of powers vested in such organ or
authority or person'. The Supreme Court has jurisdiction to declare such
decision or act to be null and void and of no effect whatsoever or that the
omission ought not to have been made and that whatever has been omitted should
have been performed. The decision in question shall be binding on all courts
and all organs or authorities in the Republic.
Persons claiming to be victims of legislative measures of discrimination
may attack the validity of such measures either through the above-mentioned
procedure of a recourse directed against an administrative act or omission
based on such legislative measures and affecting their legitimate interests,
or by raising before any Court the question of unconstitutionality of such
measures at any stage of judicial proceedings, civil or criminal, in which
they are parties."
Egypt
"The Constitution garantees the right of all Egyptians to apply to, and
appear before, the courts. The law also ensures that persons lacking
financial resources are provided with the means to apply to the court in
defence of their rights. In this regard, reference is made to the following.