Making the victim whole means to return the victim to the situation that he or she would have been in had there been no human rights violation. While it is not possible to describe the complete range of actions that might be taken to achieve this aim, in part because these would very much depend on the nature and severity of the violation and the impact it had on the victim, it is possible to list generic kinds of remedies that should be considered in individual cases, for instance: ■■ An order to stop the violation; ■■ An order to compensate the victim for the material damage done, including indirect damage like projected loss of employment earnings, health and rehabilitation costs; ■■ An order to compensate the victim for the pain and suffering caused by the violation directly; and ■■ An order for the agency to take such action as necessary to mitigate the damage by, for example, rehiring an individual dismissed for reasons that violated human rights norms. Remedies that ensure that the perpetrators are held accountable for their actions will also vary depending on the violation. Some human rights violations are criminal in nature. While an institution does not have the legal authority to impose criminal sanctions, it may either recommend that criminal charges should be brought or, in certain cases, take such cases to the courts itself. The remedies provided in these circumstances would be those authorized by the country’s criminal justice system. Perhaps the most overlooked aspect of remedies involves the prevention of future violations. In human rights law, the actions of individuals acting in their formal or employment capacities are considered the actions of the authority itself, for example if they were taken in the course of employment. This means that the employers are liable for the actions of their employees and so should be named as respondents in any complaint. Employers can lessen their responsibility if they can demonstrate in the course of the investigation that they took all reasonable action to ensure that the violation did not occur and to deal with the violation once they knew or should have known it had occurred. If the employers cannot demonstrate this, they too bear responsibility for the action and should be held accountable. This could include actions in the areas already discussed (making the victim whole and criminal prosecution). In addition, however, employers may be required to take other actions to prevent further violations, such as training their personnel in their human rights responsibilities, developing a suitable policy on the issue at hand or more effective mechanisms to enforce existing policies. Similarly, if a violation results from the lack of an appropriate governmental law, regulation or policy or if the existing law, regulation or policy is insufficient or poorly applied, an institution can propose actions in these areas as part of the remedy. This is to ensure that the underlying or systemic cause of the violation is addressed so that similar violations do not occur. Powers to implement proposed remedies National human rights institutions may have the power to have their proposed remedies implemented, including: ■■ The power to make recommendations; ■■ The power to make referrals; ■■ The power to make enforceable decisions. 90