To ensure that your administrative offence is decided by an administrative authority in fair and effective proceeding, you also have to fulfil your duties. You will not be able to claim a violation of your human rights if your own actions have contributed to it or if you have not tried to prevent or rectify it during the proceeding.

It may seem that ensuring your right to a fair procedure is solely the responsibility of the public authority or the court in a later stage. Indeed, the State is responsible for creating courts and court procedures that ensure a fair trial. In addition, the right to a fair trial and human rights are protected by the State and where your rights are violated, it may be held responsible and must grant you compensation.  

However, a trial can only be fair and efficient if you also comply with your trial duties. If you don’t do what is required of you, which in turn contributes to a violation of your guarantees to a fair trial, you will not be able to hold the state responsible for the outcome of your own actions.

There are two types of duties which you have in protecting your own rights:

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Last updated 13/12/2020