Your human rights are protected by law

Universal Declaration of Human Rights: Аrticle 8: Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law.

Anyone who believes that they have been done injustice with an act by a court or another state institution, have the right to challenge that act. Consequently, the act is then being reviewed by a higher court or a state institution of a higher instance. This is practically carried out by filing an appeal by which they state their case.

The right to an effective remedy is one of the most basic and most important ways of how people can protect their rights before the state. The right to appeal as such, is claim for the act to be reviewed by a higher court that will deliver a decision based on the evidence provided. Still, filing an appeal is not only an issue of pride and guts. The appeal filed, has to be based on legally supported facts and it has how the appeals court that the trial court had made a legal error in deciding the case.

People often fail to legally protect their rights due to legal ignorance. In such case, the legal axiom ignorantio iuris nocet (ignorance of laws harms) applies and so they are often left deprived from their rights due to the negligence and the malpractice of institutions.

The possibility of the decision to be reviewed later on should never be a ground for judiciary and other state institutions to neglect people’s interest. They have to consider that rights are an exclusively sensitive matter and long and exhausting legal proceedings should be no substitute for human rights!

Legal remedies are efficient only when reviewed by an impartial and independent state institution, deciding only upon the constitution and the laws.

Reality gives us a completely different picture when it comes to the independence of judiciary in Macedonia. Instead, Macedonian courts are often subject of corruption and pressure by various groups and individuals.

Nevertheless, you must not be discouraged by that fact. Find out what rights you have and how you can protect them! Make benefit of legal remedies and protect your interest. Raise your voice whenever you are done injustice, because it’s your rights to do so!

Аleksandar Bogdanoski 

Program assistant, Civil – Center for Freedom