A/HRC/14/22
should be borne in mind. Communal and family ostracism, abandonment by spouses and
partners and becoming unmarriageable or sick are all too commonly synonyms of material
destitution, and the costs of ongoing medical treatment, pregnancy, abortions, and raising
children resulting from rape, are all too real to deny. To date, no reparations programme has
succeeded in fully reflecting the economic impact of raising children born of rape.
51.
Restitution also covers restoration of employment. While several reparations
programmes address the problem of civil servants who were deprived of their position
because of their political views, no programme to date has adequately reflected on the fact
that some dictatorships enacted legislation enforcing patriarchy, including rules that
requested that women give up their employment at marriage.
52.
Restitution measures may also encompass the recovery of lost property and place of
residence. However, a broader problem related to gender and restitution of land and
property lies in the fact that women are often discriminated against in ownership of land
and property titles.
53.
Often, when restitution of the infringed rights or lost good is not possible,
reparations will try to compensate victims. Besides avoiding outright discrimination,
reparations programmes that provide economic compensation to women should consider
the formal and informal obstacles that different groups of women face in accessing and
keeping money. These include difficulties in having a bank account and formal and
informal pressure, including security threats, reprisal or ostracism by the family and the
community.
54.
Providing some form of material reparation to help victims rebuild their lives is of
great importance, as the disruption of normalcy by large-scale violence or repression has
especially deleterious effects on women’s material well-being. The reconstruction
challenge entails special economic hardships for them, including providing for those
survivors in need of care. In many societies, under either national or customary law,
discrimination against women in the inheritance system increases significantly the
difficulty for wives and daughters of victims receiving reparations. The discussion around
women-centred economic compensation should also look into types of material benefits
that, in certain settings, may help women pursue what they perceive to be autonomyenhancing life-projects, and may therefore be more transformative.
Rehabilitation and reintegration
55.
Because reparations are often discussed in situations of scarce resources, placing the
emphasis on rehabilitation services rather than compensation payments may seem a
tempting alternative, as it combines development and reparations concerns. In the aftermath
of violence, women often think of material assistance in terms of rehabilitation and
reintegration, thus prioritizing their basic needs and those of their family members. The
kinds of basic goods and services that women ask for are typically those that they are
disparately deprived of ordinarily and that they need most in situations where their family
responsibilities increase. This poses an interesting dilemma, as it creates a risk of blurring
the conceptual distinction between reparations benefits and social rights, services and
development measures to which the general population is entitled. At the same time,
however, in many real-case scenarios, the dire poverty and destitution of victims implies
that those basic services are what victims will inevitably prioritize, especially when they
have no good reason — judging by their experience — to expect that they will be able to
access them on any other grounds.
56.
Rehabilitation measures need to be tailored to respond to women’s specific needs.
This may require an effort to overcome gender biases that might be entrenched in the
existing national service system. One way to overcome such biases is to be as explicit and
GE.10-13109
15
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