A/HRC/14/22
and the definition of benefits of both material and symbolic, individual and collective
nature.
(a)
Gender violence and the definition of victims
42.
According to the Basic Principles and Guidelines, “victims are persons who
individually or collectively suffered harm, including physical or mental injury, emotional
suffering, economic loss or substantial impairment of their fundamental rights, through acts
or omissions that constitute gross violations of international human rights law, or serious
violations of international humanitarian law. Where appropriate, and in accordance with
domestic law, the term ‘victim’ also includes the immediate family or dependants of the
direct victim and persons who have suffered harm in intervening to assist victims in distress
or to prevent victimization … A person shall be considered a victim regardless of whether
the perpetrator of the violation is identified, apprehended, prosecuted, or convicted and
regardless of the familial relationship between the perpetrator and the victim”.11
43.
In contexts of mass atrocity and multiple gross violations, the real challenge of
reparations programmes is how to select the rights whose violation will trigger access to
benefits and how to confine the circle of those who will qualify as beneficiaries. No
programme to date has articulated the reasons to consider some violations worse than
others, thus very rarely rendering reparations benefits to predominantly marginalized
groups. The fairly limited but also traditionally conceived catalogue of violations of civil
and political rights on which reparations programmes in the past have concentrated covers
mostly those violations which are taken as paradigmatic expressions of political violence.
Not surprisingly, these are the violations that in many scenarios target men
disproportionately. Women have thus been excluded from reparations programmes, despite
the terrible impact of violence on women, leaving them in a precarious position, with the
responsibility for children and other dependants, without income-generating skills and
subjected to stigma and poverty.
44.
The current explicit inclusion of sexual violence in many reparations programmes is
a victory against a tradition that minimizes its importance as collateral, private or nonpolitical damage. Nevertheless, the forms of sexual violence that are included are often
limited in range and other forms of victimization with a disparate gender impact are also
not included. Often excluded have been forms of reproductive violence (including forced
abortions, sterilization or impregnations), domestic enslavement, forced “marital” unions,
forced displacement, abduction and forced recruitment. Gross violations of social,
economic and cultural rights have also been excluded, even when they result in the loss of
health, life and death of culture, or when such violations are specifically related to
systematic forms of discrimination, including based on sex, ethnicity or sexual orientation.
Forced domestic labour, often taking the form of forced conscription or forced marriages,
has also traditionally been left out. This tendency to include a narrow range of forms of
sexual violence in such programmes runs the risk of sexualizing women, if it is not
accompanied by a serious effort to encompass a broader notion of harm.
45.
The inclusion of gross violations against women in the list of wrongdoings that will
trigger reparations has to be underpinned by the notion that the same violations may entail
different harms for men and women, but also for women and girls from cultural minorities.
For instance, harms emanating from sexual violence — including the contraction of AIDS
and other sexually transmitted diseases, undesired pregnancies, complications due to often
unsafe abortions, unwanted children, loss of reproductive capacity, fistulas and vaginal
injuries, and multiple psychological disorders — are always compounded with social
11
GE.10-13109
General Assembly resolution 60/147.
13
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