a result of gross and massive violations of human rights, States are under a moral and political
duty to take comprehensive remedial measures and introduce elaborate programmes offering reparation to broader categories of victims affected by the violations. Equally, States are
expected to embark upon structural programmes and projects aimed at the cessation and nonrecurrence of facts and conditions inherent in the gross and systematic violations that occurred.
This programmatic approach and the judicial approach should interrelate and interact to make
the right to reparation a reality and afford justice to victims. The Basic Principles and Guidelines
may offer a frame of reference for this purpose.
While, under international law, gross violations of human rights and serious violations of
international humanitarian law give rise to a right to reparation for victims, implying a duty
on the State to make reparations, implementing this right and corresponding duty is in
essence a matter of domestic law and policy. In this respect, national Governments possess
a good deal of discretion and flexibility. Again, the Basic Principles and Guidelines are to
serve as a source of inspiration, as an incentive, and as a tool for victim-oriented policies
and practices.
The Basic Principles and Guidelines offer a broad categorization of reparations measures:12
• Restitution refers to measures which “restore the victim to the original situation before the
gross violations of international human rights law and serious violations of international
humanitarian law occurred,” for example, restoration of liberty, enjoyment of human
rights, identity, family life and citizenship, return to one’s place of residence, restoration of
employment and return of property.
• Compensation “should be provided for any economically assessable damage, as appropriate and proportional to the gravity of the violation and the circumstances of each case,
resulting from gross violations of international human rights law and serious violations of
international humanitarian law,” such as lost opportunities, loss of earnings and moral
damage.
• Rehabilitation “should include medical and psychological care as well as legal and social
services.”
• Satisfaction is a broad category of measures, ranging from those aiming at a cessation
of violations, to truth-seeking, the search for the disappeared, the recovery and reburial
of remains, public apologies, judicial and administrative sanctions, commemoration and
memorialization, and human rights training.
• Guarantees of non-repetition is another broad category which includes institutional
reforms tending towards civilian control of military and security forces, strengthening judicial independence, the protection of human rights workers, human rights training, the
12
See General Assembly resolution 60/147, annex, paras. 19–23.
7
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