The need to repair

Abstract

Since World War II the need to repair became progressively a human rights concern and a victim-oriented endeavour. Twenty years ago REDRESS TRUST was founded and this young and vibrant organisation developed into a widely appreciated actor in the quest for reparative justice. REDRESS distinguished itself by applying a variety of effective means and methods,including high-quality and thorough studies, intercessions to hold perpetrators accountable and securing remedies to victims and obtaining reparations for survivors of torture. There is still a striking gap between proclaimed standards of justice and harsh realities leaving large categories of victims unnoticed, unacknowledged and unattended. Domestic legal and social orders disclose legal shortcomings, political obstacles, lack of resources and incapacity of the most vulnerable segments of victimized groups and individuals to get effective access to reparative justice. While the UN Reparation Principles provide a good deal of latitude in affording various forms of monetary and non-monetary reparations, any margins or latitudes in shaping reparative policies and programmes may never ignore the principles of non-discrimination and non-exclusion.

Keywords:

• reparative justice
• gross and massive human rights violations
• torture
• victims/survivors
• access to justice

Notes

REDRESS, Justice for Victims: The ICC's Reparations Mandate (London: The Redress Trust, May 2011).

UN General Assembly resolution 60/147, 16 December 2005.

UN doc. E/CN.4/2005/102/Add.1.

See http://www.womensrightscoalition.org/site/reparation/signature_en.php.

UN doc. E/CN.4/2005/102/Add.1.

UN General Assembly resolution 60/147, 16 December 2005, Reparation Principles, 19–23.

Study Concerning the Right to Restitution, Compensation and Rehabilitation for Victims of Gross Violations of Human Rights and Fundamental Freedoms. Final report submitted by Mr Theo van Boven, Special Rapporteur, UN doc. E/CN.4/Sub.2/1993/8 (1993), para. 124.

Redress, Reparation for Torture: A Survey of Law and Practice in Thirty Selected Countries (London: The Redress Trust, April 2003), 41.

http://www2.ohchr.org/english/bodies/cat/comments_article14.htm (accessed 5 April 2012).

Ibid., para. 33.