A/HRC/4/62 page 13 to encompass other gross violations of these rights, such as the deliberate denial of health care or education.17 The High Commissioner further noted that national or regional courts and quasi-judicial bodies mandated to protect human rights may be well placed to undertake the evidentiary assessment to determine the facts and responsibilities for violations committed, including those of economic, social and cultural rights.18 37. Truth commissions play important roles in identifying the true course of the past, examining the causes, consequences and nature of gross human rights violations and making recommendations accordingly. For that reason, the High Commissioner has commented that they lend themselves well to the investigation and protection of economic, social and cultural rights.19 Some commissions have already made efforts to identify economic and social rights violations, on the basis that the impact of these violations on victims was as damaging as violations of civil and political rights.20 It is difficult to argue that gross violations of economic, social and cultural rights, such as massive forced evictions or interference with access to food or water, resulting in famine, loss of shelter or of livelihoods, should not be the subject of attention of truth commissions. Where contextually appropriate, truth commissions can and should investigate violations of economic, social and cultural rights more systematically and provide effective and comprehensive remedies in case of clear violations.21 38. Reparations programmes offer a means to redress the economic and social problems that might have led to or exacerbated gross human rights and humanitarian law violations. Some reparations programmes have already included measures related to socio-economic rights, such as housing and property restitution programmes, physical and mental health care, or social reinsertion measures.22 The practice to date, however, has been more limited, with the truth commissions that have proposed reparation measures generally focusing - with few exceptions on victims of war crimes and other gross civil and political rights violations, thereby limiting the scope of reparation. Against this backdrop, a significant recent development in the work of truth 17 High Commissioner for Human Rights, “Economic and social justice for societies in transition”, op. cit. 18 Ibid. 19 Ibid. 20 See e.g. Commission for Reception, Truth and Reconciliation in Timor-Leste, op. cit. 21 Making the case for the integration of economic, social and cultural rights in transitional justice processes does not imply that courts, truth commissions or commissions of inquiry should investigate and provide remedies for economic, social and cultural rights violations under all circumstances and unconditionally. Specific criteria must be developed. See High Commissioner for Human Rights, “Economic and social justice for societies in transition”, op. cit. 22 See for instance reparations or restitution programmes in South Africa, Guatemala, Bosnia and Herzegovina, Chile and Morocco. The International Criminal Court foresees reparations (art. 75, Rome Statute), which could in principle relate to economic, social and cultural rights.

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents