A/HRC/14/22 C. 1. Reparations for women subjected to systemic violations in other contexts Looking to the past 67. In consolidated democracies, Governments are increasingly called upon to examine certain discriminatory practices perpetrated and/or condoned by the State which target certain groups of the population and to study the need for relevant reparations. 68. One example relates to forced sterilization programmes and the emergence of judicial awards of compensation. Many such sterilization policies were instituted in countries around the world, usually as part of eugenics programmes to prevent the reproduction of members of the population considered to be carriers of “defective genetic or social traits”. Women were sterilized without informed consent: several died from postsurgery complications, while others faced health problems, psychological complications, unemployment and family isolation. More recently in certain countries, abusive practices in the implementation of sexual and reproductive health programmes as part of population control policies have led to systemic violations. 69. Despite a number of courts having ruled that such practices were a violation of both physical integrity and privacy of the women, judicial arenas for contesting forced sterilization and receiving compensation are fraught with difficulties. Women confronted with the traditional structural and administrative limitations in accessing justice, especially if they are poor or belong to minority or excluded groups, need to overcome specific obstacles when making claims to redress historical injustices. Often, financial compensation has been denied by ordinary courts because of such legal barriers as the statute of limitations. Furthermore, the focus has mostly been restricted to insufficient monetary compensation. 70. Another instance of discriminatory practices, resulting in historical injustices, is that of assimilation policies instituted in countries, which led to many aboriginal or indigenous children being taken away from their families, communities and cultures and placed in foster care or residential schools. There have been some initiatives to provide compensation to survivors, including monetary compensation, truth-telling, therapeutic services and acts of commemoration and reconciliation. However, gender differences have generally not been taken into account and, as a consequence, there has not been special recognition of or compensation for girls for consequences of sexual abuse, such as pregnancy resulting from rape or forced abortion. 71. The single most organized and well-documented movement for reparations for women is that for the so-called “comfort women”. Since the late 1980s, survivors have come forward to bear witness and mobilize international public opinion, asking for an official apology and reparation. Survivors have rejected financial aid gestures as inadequate and reiterated their desire for a formal apology and individual compensation through public funds rather than a welfare- or benevolence-type of assistance based on socio-economic needs. As victims of sexual crimes, they do not want to receive economic compensation without an official apology and official recognition of State responsibility. 2. Looking to the present 72. Women are subjected to grave forms of violence today, including in all democratic societies at the hands of both State and non-State actors: the large numbers of victims of sexual and domestic violence and exploitation in virtually every country demonstrate that this is still the case. States should reflect upon effective ways to compensate victims for harms suffered, including tort law, insurance, trust funds for victims and public compensation schemes. 18 GE.10-13109

Select target paragraph3

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