Search results
OHCHR and transitional justice. Select. Victims have a right to reparation. This refers to measures to redress violations of human rights by providing a range of material and symbolic benefits to victims or their families as well as affected communities. Reparation must be adequate, effective, prompt, and should be proportional to the gravity ...
- Preamble
- II. Scope of The Obligation
- IV. Statutes of Limitations
- VI. Treatment of Victims
- VII. Victims’ Right to Remedies
- VIII. Access to Justice
- IX. Reparation For Harm Suffered
- XI. Non-Discrimination
- XII. Non-Derogation
- XIII. Rights of Others
The General Assembly, Recalling the provisions providing a right to a remedy for victims of violations of international human rights law found in numerous international instruments, in particular article 8 of the Universal Declaration of Human Rights, article 2 of the International Covenant on Civil and Political Rights, article 6 of the Internatio...
3. The obligation to respect, ensure respect for and implement international human rights law and international humanitarian law as provided for under the respective bodies of law, includes, inter alia, the duty to: (a) Take appropriate legislative and administrative and other appropriate measures to prevent violations; (b) Investigate violations e...
6. Where so provided for in an applicable treaty or contained in other international legal obligations, statutes of limitations shall not apply to gross violations of international human rights law and serious violations of international humanitarian law which constitute crimes under international law. 7. Domestic statutes of limitations for other ...
10. Victims should be treated with humanity and respect for their dignity and human rights, and appropriate measures should be taken to ensure their safety, physical and psychological well-being and privacy, as well as those of their families. The State should ensure that its domestic laws, to the extent possible, provide that a victim who has suff...
11. Remedies for gross violations of international human rights law and serious violations of international humanitarian law include the victim’s right to the following as provided for under international law: (a) Equal and effective access to justice; (b) Adequate, effective and prompt reparation for harm suffered; (c) Access to relevant informati...
12. A victim of a gross violation of international human rights law or of a serious violation of international humanitarian law shall have equal access to an effective judicial remedy as provided for under international law. Other remedies available to the victim include access to administrative and other bodies, as well as mechanisms, modalities a...
15. Adequate, effective and prompt reparation is intended to promote justice by redressing gross violations of international human rights law or serious violations of international humanitarian law. Reparation should be proportional to the gravity of the violations and the harm suffered. In accordance with its domestic laws and international legal ...
25. The application and interpretation of these Basic Principles and Guidelines must be consistent with international human rights law and international humanitarian law and be without any discrimination of any kind or on any ground, without exception.
26. Nothing in these Basic Principles and Guidelines shall be construed as restricting or derogating from any rights or obligations arising under domestic and international law. In particular, it is understood that the present Basic Principles and Guidelines are without prejudice to the right to a remedy and reparation for victims of all violations...
27. Nothing in this document is to be construed as derogating from internationally or nationally protected rights of others, in particular the right of an accused person to benefit from applicable standards of due process.
Reparation is the right under international law that covers both victims of gross violations of international human rights law, and serious violations of international humanitarian law. Reparations are the different forms in which reparation may be realised. Justice is a form of reparation but alone it is not sufficient to fulfil the right to ...
Mar 23, 2012 · Reparation refers to the process and result of remedying the damage or harm caused by an unlawful act. The purpose of reparation is generally understood to reestablish the situation that existed before the harm occurred. It can also serve as a measure to end ongoing breaches and to deter future ones, as a vehicle for reconciliation or to ...
In transitional justice, reparations are measures taken by the state to redress gross and systematic violations of human rights law or humanitarian law through the administration of some form of compensation or restitution to the victims. Of all the mechanisms of transitional justice, reparations are unique because they directly address the ...
Frequent factors of impunity, such as trials in military tribunals, amnesties or comparable measures and statutes of limitations for crimes under international law are also discussed (Chapter IX). right to remedy and reparations-practitioners guide-2006-eng (full text in English, PDF)
People also ask
Why is reparation important?
What is a reparation measure?
What is the right to reparation?
What are reparations in transitional justice?
What is meant by reparation?
How do reparations work?
Reparations should be designed and implemented in ways that can transform these unequal and unjust conditions. Most victims see reparations as the most direct and meaningful way to obtain justice. Yet, reparations are “rarely prioritized” and are often the least-funded measure of transitional justice.
