A/HRC/14/22
applicant against her ex-husband’s violent and abusive behaviour and a violation of the
prohibition of discrimination.
81.
In Opuz v. Turkey, the Court awarded the applicant non-pecuniary damages for the
anguish and distress suffered on account of the killing of her mother and the authorities’
failure to undertake sufficient measures to prevent the domestic violence perpetrated by her
husband and to give him deterrent punishment. It also awarded costs and expenses for the
proceedings before the court, less the amount received by way of legal aid from the Council
of Europe. The weaknesses in relation to reparations include: the Court’s dismissal of the
claim of pecuniary damages which was based on the deprivation of economic support from
her mother; the failure to treat the applicant as her mother’s successor; the failure to
compensate the applicant for material harm ensuing from the violation of her right not to be
subject to inhuman or degrading treatment by her husband; and the non-recognition of other
forms of reparation and the lack of guarantees of non-repetition and forward-looking
recommendations. By not linking the reforms required to avoid the broad problem of
impunity with the concept of reparation, the Court missed the opportunity to suggest a
broader agenda to deal with the structural problem of domestic violence. Because the
Council of Europe’s Committee of Ministers plays a crucial role guaranteeing the
implementation of the judgments and, as such, is the body mandated to address structural
problems (such as impunity or lack of effective investigations) in member States of the
Council of Europe, it too can play an essential role in ensuring adequate reparations.
D.
Conclusion and recommendations
82.
This report shows how the legal bases for a right to a remedy have been
increasingly recognized in the corpus of international human rights and humanitarian
instruments. Although among victims of violence, women have been especially
neglected, the report examines significant substantive and procedural trends to
reverse this, both in the discussion and in the practice of reparations, at national and
international levels.
83.
Reparation measures should not concentrate on the fairly limited and
traditionally conceived catalogue of violations of civil and political rights, but instead
should include the worst forms of crimes or violations targeting women and girls. It
must additionally be acknowledged that the same violations may entail different
harms for men and women, but also for women and girls and women from specific
groups, and that violations may be perpetrated with the complicity of non-State
actors.
84.
The limits of ordinary and extraordinary judicial proceedings to achieve the
full and comprehensive realization of women’s right to reparations are also examined
in the report. Against this backdrop, it is argued that gender-responsive
administrative reparations schemes can obviate some of the difficulties and costs
associated with litigation. The administrative arena also enables a more proactive
approach to the involvement of a larger group of people, including victims, at all levels
— from conceptualization of reparation schemes, to reaching victims, to
understanding the structural component of the violations — including the share of
State responsibility by either action or omission, and the gender-specific impact of the
violence on women’s and girls’ lives.
85.
Reparations for women cannot be just about returning them to the situation in
which they were found before the individual instance of violence, but instead should
strive to have a transformative potential. This implies that reparations should aspire,
to the extent possible, to subvert instead of reinforce pre-existing patterns of crosscutting structural subordination, gender hierarchies, systemic marginalization and
GE.10-13109
21
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents