A/HRC/14/22 corrective justice focusing on fairness to the victim and redress measures aimed at “repairing” the wrongdoing that victims experience which will be the focus of this report. 13. Although a coherent theory and practice for remedies for victims of human rights violations does not yet exist under international law, the right of individuals to reparation for the violation of their human rights has been increasingly recognized. Affirmed initially as a principle of inter-State responsibility,2 since the Second World War a shift of focus can be observed to national arenas and away from international disputes. The legal basis for a right to a remedy and, linked to it, a right to reparation has since become firmly enshrined in the corpus of international human rights and humanitarian instruments.3 14. The content of the obligation to provide reparations to the individual whose rights have been violated remains, however, far from clear. When referring to the remedies ensuing after a violation of a right, all human rights treaties use rather vague language.4 International human rights bodies that have jurisdiction to hear complaints often limit themselves to finding facts and issuing declaratory judgements or, at best, recommending that compensation of an unspecified amount be awarded to the claimants. More recently, however, in their observations to periodical country reports, the different human rights bodies have started to insist on the States’ obligation to provide compensation and rehabilitation measures. Also, compensatory damages for both pecuniary and nonpecuniary injury and other non-pecuniary remedies are frequently afforded by regional human rights courts. 15. A significant contribution to the normative framework on the obligation to provide reparations has emanated from the Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law (hereinafter, the Basic 2 3 4 6 See, generally, the Treaty of Westphalia of 1648, which includes references to reparations, in particular restitution, and the conclusions of the wars of 1830 and 1870 and of the First World War. Reparations in the context of inter-State disputes are described in the draft articles of the International Law Commission on responsibility of States for internationally wrongful acts. See, among international instruments, the Universal Declaration of Human Rights (art. 8), the International Covenant on Civil and Political Rights (art. 2, para. 3), the International Convention on the Elimination of All Forms of Racial Discrimination (art. 6), the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (art. 14) and the Convention on the Rights of the Child (art. 39). Among regional human rights instruments, see the European Convention on Human Rights (art. 41) and the American Convention on Human Rights (art. 10). In international humanitarian law and international criminal law, see, in particular, the Hague Convention with Respect to the Laws and Customs of War on Land (art. 3), the Protocol Additional to the Geneva Conventions of 1949, and relating to the Protection of Victims of International Armed Conflicts (art. 91) and the Rome Statute of the International Criminal Court (arts. 68 and 75). For instance, the Universal Declaration of Human Rights refers in its article 8 to the right to “an effective remedy”. The European Convention on Human Rights refers in its article 41 to the right to “just satisfaction” and only “if necessary”. Instruments making explicit reference to a right to compensation, reparation or satisfaction include the International Covenant on Civil and Political Rights, the Convention on the Elimination of All Forms of Racial Discrimination and the Convention against Torture. The growing importance attached to reparations is best expressed by the Convention on the Rights of Persons with Disabilities, which calls upon States parties to take all appropriate measures to promote the physical, cognitive and psychological recovery, rehabilitation and social reintegration of persons with disabilities in an environment that fosters the health, welfare, selfrespect, dignity and autonomy of the person and takes into account gender- and age-specific needs. The American Convention on Human Rights comes closest to the recognition of enforceable individual reparations by enjoining the Inter-American Court of Human Rights to rule that remedies and fair compensation be paid to the injured party. GE.10-13109