LEGISLATION, POLICY GUIDANCE, ACTION PLANS
The right to reparation is included in the constitutions of some states, while others have included provisions
specifically on rehabilitation in comprehensive anti-torture laws, or as part of domestic criminal legislation.
Once the legal basis is in place, the development of secondary legislation, policies, action plans, adequate budget
allocations and specific approaches to individual victim groups can support effective implementation.
Bolivia: Constitutional provision for reparation
Article 113 of the Constitution of Bolivia provides all victims whose rights have been violated with “the right to
timely indemnification, reparation and compensation for damages and prejudices”.
The Philippines: Comprehensive anti-torture legislation
The Anti-Torture Act (RA 9745) 2009 provides victims of torture with the right to obtain redress, including
rehabilitation. Section 19 of the Act mandates government agencies, including the Department of Social Welfare
and Development (DSWD), the Department of Justice (DOJ) and the Department of Health (DOH), to work with
civil society organizations to establish a comprehensive rehabilitation programme for victims and their families
to provide for their physical, mental, social, psychological healing and development. The legislation also mandates
the creation of an Oversight Committee to periodically oversee the implementation of the Act. Subsequently,
implementing rules and regulations were adopted and several government departments issued executive orders
to further support the implementation of the Act. These regulations outline in more detail the responsibilities of
the agencies tasked to jointly implement the rehabilitation programme, what the rehabilitation programme should
include and how it should be funded.
United States: Victims support legislation with domestic and global coverage
The Torture Victims Relief Act of 1998 (TVRA) recognizes that torture victims, irrespective of where the torture
occurred, should be provided access to rehabilitation services in order to become fully integrated and productive
members of their communities. The Act authorizes funding to be provided by the United States government
through a grants process to non-United States rehabilitation services that provide direct treatment to torture
victims abroad. In addition, it mandates the Secretary of Health and Human Services to provide grants to United
States-based rehabilitation services to cover services providing physical and psychological treatment, social and
legal services and research and training for health-care providers to torture victims present in the United States.
European Union: Legislation on rights of victims of crime
The European Union Directive establishing minimum standards on the rights, support and protection of victims
of crime provides a right for all victims of crime to specialist support services, including immediate medical
support, referral to medical and forensic examination for evidence in cases of rape or sexual assault, short and
long-term psychological counselling, trauma care, legal advice, and specific services for children as direct or
indirect victims, taking into account the specific needs of the victim. The Directive also provides for measures to
avoid re-victimization and reprisals based on an individual assessment that takes into account victims’ personal
characteristics, including gender and gender identity.
Armenia: National action plan on human rights
The Armenian National Action Plan specifically provides for the adoption of legislation to provide compensation
and rehabilitation for torture victims, in accordance with Article 14 of the UN Convention against Torture.
TOOL: Providing Rehabilitation to Victims of Torture and Other Ill-treatment
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