NCJ Number
190911
Journal
International Review of Penal Law Volume: 71 Issue: 3-4 Dated: 2001 Pages: 493-504
Date Published
2001
Length
12 pages
Annotation
This report presents and discusses revised guidelines proposed to the United Nations Commission on Human Rights and related to the right to restitution, compensation, and rehabilitation for victims of gross violations of human rights and fundamental freedoms.
Abstract
The revised guidelines came from the independent expert appointed by the chairperson of the United Nations Commission on Human Rights at the request of the commission. The independent expert examined prior drafts with respect to the United Nations Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power, pertinent provisions of the Rome Statute of the International Criminal Court, and other relevant United Nations norms and standards. The expert also reviewed comments on an earlier draft, meetings, and further comments on proposed revisions. The proposed guidelines begin by emphasizing that every country has the obligation to respect, ensure respect for, and enforce international human rights and humanitarian law norms contained in its treaties, found in customary international law, or incorporated in its national law. This obligation includes the duty to take appropriate legal and administrative actions to prevent violations, investigate and take action against violators, and ensure victim access to justice and appropriate remedies and reparations. Forms of reparation should include restitution, compensation, rehabilitation, and satisfaction and guarantees of nonrepetition. The guidelines conclude by stating that countries should also inform the public and victims of the rights and remedies and must also avoid discrimination among victims.