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Download PDF by United Nations: Rule-of-law Tools for Post-conflict States: Reparations

By United Nations

In accordance with the myriad violations and abuses of basic rights that ensue relatively in the course of conflicts and lower than authoritarian regimes, various measures were constructed. This ebook has reviewed the various correct overseas legislations tools on reparations, and has raised one of the most tricky demanding situations that reparations programmes have confronted in several elements off the realm. it's a useful device to supply information on imposing reparations tasks and makes a speciality of the way to identify (out-of-court) reasonable and potent reparations programmes in shut organization with different justice tasks and with the participation of assorted stakeholders to aid redress circumstances of gross and critical violations of human rights within the wake of clash or authoritarian rule.

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Recently, the notion that reparations benefits can be distributed to “collectivities” has garnered interest and support. Indeed, both the Basic Principles and Guidelines (para. 13) and the Updated Set of principles to combat impunity (principle 32) endorse this idea. The underlying rationale seems to be that when collectivities have been the targets of violence, it makes sense to provide redress to them. Neither document spells out what collective reparations means. The term “collective reparations” is ambiguous.

Familiar examples of “collective reparations” in the latter sense abound. A public apology is a collective reparations measure, in the sense that the collectivity made up of all the members of a given group, say a State, a legal entity, receive a particular benefit, in this case an apology. The usefulness of collective measures is apparent in some circumstances. Few would dispute the significance and justifiability of a public apology. 46 Collective material reparations are constantly at risk of not being seen as reparations at all or of having minimal reparative capacity.

23 • Medical services. According to the Basic Principles and Guidelines, the notion of “rehabilitation” owed to victims includes medical and psychological rehabilitation. Since 1992, Chile has been providing medical services to the victims of the dictatorship. The reparations programme proposed by the Peruvian Truth and Reconciliation Commission also covered health care, both physical and mental, and, interestingly, the Peruvian Truth and Reconciliation Commission and the Moroccan Equity and Reconciliation Commission included in-house medical units.

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