A/HRC/14/22
stigmatization and ostracism by the family and/or community, subsequent emotional
distress, loss of status and the possibility to marry or have a male protector, and access
communal resources. None of the reparations programmes in the post-conflict or postauthoritarian scenario has explicitly referred to forms of reproductive violence (such as
forced impregnation, forced abortion or forced sterilization) as separate categories. Explicit
recognition and visibility of various forms of violence and the ensuing harm is required for
responsive reparation programmes.
46.
Under many authoritarian regimes, and more so in situations of large-scale civil
strife, violence is often perpetrated with the complicity of non-State actors, including
foreign States, members of guerrillas, self-defence groups, corporations and ordinary
citizens. Whereas some reparations programmes are embracing these forms of violence, the
record of such programmes overall is still quite patchy.
(b)
Gender violence and the identification of beneficiaries
47.
The definition of “victim” endorsed by the Basic Principles and Guidelines assumes
that, although the violation of a right is a precondition for the right to reparation, the
relationship between the right and the violation, for purposes of reparation, is mediated by
the notion of harm. As a result, the potential rights holders include not only victims, but
also others, such as close family members and dependants, who are affected or harmed as a
consequence of the violation. This notion of victim that links rights and harms allows for
the reflection that every gross violation generates a “community of harm” which impacts
others to be reflected. Bringing the notion of harm to the fore can also allow victims to be
prioritized according to the severity of the harm endured. Both expanding beneficiaries and
prioritizing victims and beneficiaries according to harm can have important consequences
for women.
48.
There is a broader question regarding the concept of family that is embraced in
reparations programmes. In this regard, polygamous unions, de facto unions, same-sex
unions and more extensive culturally contingent support mechanisms, should be adequately
represented to reflect the real web of dependencies and the harms entailed by their
disruption.
(c)
Gender violence and reparation measures
49.
Official apologies, pensions, educational opportunities, access to health and
psychological rehabilitation services, individual payments and measures of collective
reparations, including specific infrastructure reconstruction measures, are some ways in
which reparations programmes attempt to help victims move forward. While some
programmes may prioritize individual and material compensation through individual
payments, others may place a greater emphasis on access to services and rehabilitation of
both individuals and affected communities. Various programmes may rely more or less on
symbolic and/or collective forms of reparations. Political priorities, but also the number of
victims, the resources available and the existence of competing needs of the overall
population will inevitably shape reparation policies. The following paragraphs will address
various modalities of reparations.
Restitution and compensation
50.
Since women and girls who are subjected to gender violence, including sexual
violence and forced unions, are often re-victimized in their families and communities,
restitution of identity, family life and citizenship for them may require measures that target
their wider communities – including attempts to subvert cultural understandings around the
value of women’s purity and sexuality. Although some of the intangible assets that are
often taken from victims of sexual violence, such as virginity or social standing, cannot be
returned, all the tangible assets of which victims of sexual violence are commonly stripped
14
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