Search results for Reparations

Related words redress remedy

Introduction

2. Structure

The Guidebook contains 7 chapters:

    Home - In this chapter, you can find a foreword from 2018 Nobel Peace Prize Laureate Dr. Denis Mukwege, background on the Guidebook project, and contact information for the Mukwege Foundation Introduction International Humanitarian Law (covering the Geneva Conventions, their Additional Protocols of 1977, customary IHL and other IHL obligations) International Human Rights Law
      At the international level (encompassing the Genocide Convention, the Convention on the Elimination of Racial Discrimination, the International Covenant on Civil and Political Rights, the Convention on the Elimination of Discrimination against Women, the Convention against Torture, the Convention on the Rights of the Child, and the Convention on the Rights of Persons with Disabilities) At the regional level (including the Council of Europe system, the Inter-American Human Rights system, and the African Union system)
    The United Nations Peace and Security framework Ratification and Enforcement of Treaties - In this chapter, you can explore the available mechanisms of enforcement of State obligations at the international level and the ratification status of treaties by country, including whether a country has deposited any reservations or declarations/understandings to a treaty, whether it has ratified optional and/or additional protocols to the treaty, and whether it has recognised the competence of the expert treaty committee to hear inter-State disputes and/or individual complaints and to conduct inquiries into alleged grave/serious or systematic violations of the concerned treaty Further Readings - In this chapter, you can explore a thematic library of articles, blogs, and reports by NGOs, experts, academics, and civil society organisations that provide in-depth examination of specific topics relevant to CRSV

About

...four thematic areas: prevention, justice and accountability, humanitarian response, and reparations – also aims to raise awareness and strengthen the capacity of civil society, including survivor movements, in asserting their rights and to support their advocacy efforts to hold States accountable. What is clear from reading the guidebook is that there is already a robust set of obligations and that, if States fully respect them, significant progress would be made towards ending the scourge of...

Introduction

...the steps required to investigate/prosecute perpetrators of CRSV and to hold States accountable for violations of their international obligations, as well as to make all justice avenues accessible to victims/survivors; Humanitarian response. “Humanitarian response” refers to what States must immediately do to alleviate the suffering of victims/survivors of CRSV in a crisis; Reparations. The 2005 UN General Assembly (UNGA) resolution on Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims...

International Humanitarian Law

...of discriminatory treatment in the provision medical care means that, if domestic law permits abortion, a State may not deny abortion to some victims/survivors while allowing it for others. The service must be equally available to all.207 Reparations🔗 III.18 States must make reparations for CRSV🔗 States are responsible for violations of IHL attributable to them, including violations committed by: Their organs (including their armed forces); Persons or entities they empowered to exercise elements of governmental......responsible State, rather than through the injured State.211 Note to reader Due to the complementarity of IHL and IHRL, readers should refer to the “International Human Rights Law” chapter, subchapter on the “Convention against Torture” to find a detailed explanation of the various forms of reparations, when they are appropriate, and how they are intended to remedy the harms caused in favour of victims/survivors. Additional resources on reparations are available in the "Further Readings" chapter.......important step for ending CRSV.34 Private actors including private military and security companies (PMSC). Under IHL, States have obligations to prevent and respond to violations of IHL committed by private actors.35 In certain circumstances, States can also become directly responsible for the violations, which entails further obligations such as to provide reparations.36 States’ obligations have been given particular consideration in relation to the activities of PMSCs, including: ‘armed guarding and protection of persons and objects,...

International Convention on the Elimination of All Forms of Racial Discrimination (ICERD)

...approach with a gender perspective’.113 Note to reader Due to the interrelatedness and interdependency of all human rights, readers should refer to the “International Human Rights Law” chapter, subchapter on the “Convention against Torture” to find a detailed explanation of the various forms of reparations, when they are appropriate, and how they are intended to remedy the harms caused in direct favour of victims/survivors. Additional resources on reparations are available in the “Further Readings” chapter.......they are not subjected to criminal penalties.109 States should ensure that legislation on abortion is consistent ‘with other human rights, such as women’s right to life and right to physical and mental health’,110 and that women ‘can access legal voluntary termination of pregnancy under safe and dignified conditions without harassment’.111 Reparations🔗 III.16 States must provide victims/survivors of CRSV with redress🔗 Under article 6, States must assure to everyone within their jurisdiction effective remedies, through competent national tribunals...

International Covenant on Civil and Political Rights (ICCPR)

...Law (General Assembly resolution 60/147).77 Note to reader Due to the interrelatedness and interdependency of all human rights, readers should refer to the “International Human Rights Law” chapter, subchapter on the “Convention against Torture” to find a detailed explanation of the various forms of reparations, when they are appropriate, and how they are intended to remedy the harms caused in direct favour of victims/survivors. Additional resources on reparations are available in the “Further Readings” chapter.......should take measures to: Build adequate shelters for women and children subjected to gender-based violence, in particular women and children with disabilities;57 Ensure that victims/survivors receive physical and psychological support, including through the establishment of a reparations fund for victims of sexual violence, to be put into operation as soon as possible; Facilitate victims/survivors’ access to legal services.58 Women’s sexual and reproductive health. The Committee has expressed concern at reports on the lack of sexual and......Reparations65🔗 III.8 States should provide victims/survivors of CRSV with remedies🔗 Under article 2(3)(a), States undertake to provide persons whose rights or freedoms under the Covenant have been violated with an effective remedy, determined by ‘competent judicial, administrative or legislative authorities, or by any other competent authority provided for by the legal system of the State’. States should make full reparation to victims/survivors.66 Effective remedies include: Compensation;67 Restitution;68 Rehabilitation, encompassing ‘psychological rehabilitation and adequate medical treatment and...

Convention on the Elimination of All Forms of Discrimination against Women (CEDAW)

...such as ‘a nationwide reparation scheme’,262 or include allocations in the budgets of existing funds, including under transitional justice mechanisms, for reparations to victims/survivors of gender-based violence against women.263 States should create women-specific funds to provide women with adequate reparation in situations ‘in which the individuals or entities responsible for violating their human rights are unable or unwilling to provide such reparation’;264 Implement administrative reparations schemes without depriving victims/survivors of their right to seek judicial remedies. States......proceeds of crimes to victims/survivors.267 Note to reader Due to the interrelatedness and interdependency of all human rights, readers should refer to the “International Human Rights Law” chapter, subchapter on the “Convention against Torture” to find a detailed explanation of the various forms of reparations, when they are appropriate, and how they are intended to remedy the harms caused in direct favour of victims/survivors. Additional resources on reparations are available in the “Further Readings” chapter.......conflict’.154 States should ensure that women are equally represented in the judiciary and other law implementation mechanisms ‘as magistrates, judges, prosecutors, public defenders, lawyers, administrators, mediators, law enforcement officials, judicial and penal officials and expert practitioners, as well as in other professional capacities’.155 With regard to transitional justice mechanisms, States should: Involve women in the design, operation and monitoring of transitional justice mechanisms and all reparations programmes; Facilitate and encourage women’s full collaboration and involvement......in transitional justice systems, including truth commissions and reparations ‘which are gender sensitive and promote women’s rights’; Mandate transitional justice mechanisms to address all gender-based violations; Reject amnesties for gender-based violence. Amnesties are impermissible if they interfere with victims/survivors’ right to an effective remedy, including reparation, or if they restrict victims’ and societies’ right ‘to know the truth about violations of human rights and humanitarian law’;184 Reject statutory limitations for the prosecution of gender-based violence;185......particular gender-based violence, into training curricula for health workers, ‘including in emergency services’.253 States should ensure that the training of health workers includes information on the rights of women with disabilities and women belonging to Indigenous, minority and other marginalised groups.254 Reparations🔗 III.23 States must provide victims/survivors of CRSV with remedies🔗 For women to be truly equal with men before the law,255 States must give women remedies in the case of gender-based violence, whether committed by a...

Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT)

...legal and other facilities, including those administered by non-governmental organisations, in which case the State must ensure ‘that no reprisals or intimidation are directed at them’;326 Compile data, disaggregated by age, sex and ethnicity, on the number of CRSV victims/survivors to assess their needs and develop the best rehabilitation services.327 Reparations🔗 III.19 States must provide redress to CRSV victims/survivors🔗 Under article 14, States must provide victims/survivors of torture and ill-treatment with redress and an enforceable...

Convention on the Rights of Persons with Disabilities (CRPD)

...harm cause to all survivors.130 Note to reader Due to the interrelatedness and interdependency of all human rights, readers should refer to the “International Human Rights Law” chapter, subchapter on the “Convention against Torture” to find a detailed explanation of the various forms of reparations, when they are appropriate, and how they are intended to remedy the harms caused in direct favour of victims/survivors. Additional resources on reparations are available in the “Further Readings” chapter.......protecting victims and witnesses from violations, investigating, prosecuting and punishing those responsible, including private actors, and providing access to redress and reparations where human rights violations occur’.21 III.4 States must ensure an inclusive environment for people with disabilities to eradicate CRSV effectively🔗 The CRPD recognises the crucial role that inclusive environments play in enabling and empowering persons with disabilities to exercise their human rights and fundamental freedoms. The Conference of States Parties to the CRPD22......humanitarian law, immediately cease attacks against civilians and civilian infrastructure, ‘including hospitals, clinics, rehabilitation centres, maternity units, ambulances and health-care workers’.124 Reparations🔗 III.15 States must provide victims/survivors of CRSV with remedies🔗 The Committee has consistently recommended that States provide remedies to victims/survivors of sexual violence,125 including appropriate compensation.126 Remedies also encompass rehabilitation.127 Under article 16(4), States must ‘take all appropriate measures to promote the physical, cognitive and psychological recovery, rehabilitation and social reintegration of persons...

Regional Human Rights Systems

...system comprises a non-judicial mechanism for monitoring the compliance of Member States with the relevant instruments, and a judicial body with the power to interpret the law, provide comprehensive reparations to victims and compel State Parties to comply with their findings and recommendations in a binding manner. The judicial and non-judicial mechanisms have complementary mandates. Note to reader For a more detailed explanation of the mechanisms of enforcement available under regional human rights systems, please...

African Union System

...to gain new skills and access new opportunities, ‘for example through income-generating activities’.102 Reparations🔗 III.11 States should provide victims/survivors of CRSV with redress🔗 While the Charter does not expressly mention redress, article 7 indicates that every individual must have the right to have their cause heard. The Commission has clarified that article 7 ‘encompasses the right of every individual to access the relevant judicial bodies competent to have their causes heard and be granted adequate......States should not subject women to criminal proceedings or other ‘legal sanctions for having benefited from health services that are reserved to them such as abortion and post-abortion care’.144 Further, States should not punish health personnel for providing these services.145 States should also prevent third parties from interfering with women’s sexual and reproductive rights,146 and ensure that such rights are enjoyed in a non-discriminatory manner.147 Reparations🔗 IV.9 States must provide appropriate remedies to victims/survivors of CRSV🔗 Under...

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