22 Dictating the Internet: In a report released in October 2019 focusing on regulation of hate speech online, the UN Special Rapporteur on freedom of expression reasserted the applicability of articles 19 and 20 of the ICCPR, article 4 of the ICERD and the Rabat Plan of Action to the online sphere, emphasizing that existing or emerging domestic laws to prevent online hate speech must be guided by these instruments, be subject to the “requirements of legality, necessity and proportionality, and legitimacy” and to “robust public participation”.47 iv. The right to effective remedy The right to an effective remedy for human rights violations is a general principle of law. States are obliged to provide equal and effective access to justice to victims of rights violations, and to ensure victims are provided effective remedy and reparation.48 Article 8 of the UDHR expresses the principle of the right to effective remedy, while article 2(3) of the ICCPR provides that effective remedy should be granted “notwithstanding that the violation has been committed by persons acting in an official capacity” and that the State should ensure “competent authorities shall enforce such remedies when granted”.49 The right to remedy includes the State obligation to “take appropriate legislative and administrative and other appropriate measures to prevent violations” and “investigate violations effectively, promptly, thoroughly and impartially”.50 States must take measures to ensure remedies should be accessible, prompt, effective and available before an independent authority.51 47 48 49 50 51 Report of the Special Rapporteur on the promotion and protection of the freedom of opinion and expression, A/74/486, 9 October 2019 (‘A/74/486’), para 57(b). Principle 3 of the Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law. The right to remedy is also enshrined under article 6 of the CERD, article 39 of the CRC and article 14 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT). Principle 3 of the Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law. See ICJ, ‘The Right to a Remedy and Reparation for Gross Human Rights Violations: A Practitioners’ Guide, Revised Edition 2018’, Available at: https://www.icj.org/the-right-to-aremedy-and-reparation-for-gross-human-rights-violations-2018-update-to-practitioners-guideno-2/