A/HRC/21/65
on Women’s and Girls’ Rights to a Remedy and Reparation1 and the report by the Special
Rapporteur on violence against women, its causes and consequences, on reparations
(A/HRC/14/22), as well as other current developments in reparation policies and measures.
The High Commissioner also recalled some of the general principles and programmatic
guidelines that had been developed to ensure reparation measures were guided by nondiscrimination and gender-specific considerations. Those included, inter alia, ensuring that
women and girls are adequately informed of their rights to reparations; that violations
targeting women and girls are properly included in reparation programmes; and that the
definition of “victims” takes into account differences between women and their children
and other dependants.
6.
In the area of programmatic responses, the High Commissioner stressed that
reparation processes should allow for women and girls to come forward when they are
ready and the registration processes should take into account obstacles women may face if
displacement is necessary or other costs are implicated. Furthermore, reparation processes
must not expose women to further harm, stigmatization and ostracism and should take into
account their safety and best interest at all times, including by ensuring confidentiality and
avoiding public disclosure of violations suffered. The High Commissioner highlighted that
reparation policies and measures should ensure that eligibility standards for reparations for
victims of certain crimes, such as sexual violence, ensure inclusiveness and avoid revictimization. For example, the documentation required for restitution should take into
account the greater difficulties faced by women in proving property titles. Gender
considerations must be paramount in assessing the harm suffered. In the case of sexual
violence and other gender-based crimes, the multidimensional and long-term consequences
of the harm affecting women and girls, their families and their communities must be taken
into account and addressed through multidisciplinary approaches. Furthermore, in deciding
the form of reparations, a number of elements must be kept in mind, including, for example,
existing obstacles and challenges women may face in owing land or receiving and
managing money.
7.
The High Commissioner further stressed that one overarching lesson that had been
learned was the need to ensure genuine and informed participation of women in the design
and delivery of reparations. Only women and girls themselves could determine what forms
of reparation were best suited to their situation, what was culturally appropriate and did not
expose them to further harm and victimization, what could lead to reconciliation, and what
had the potential to address the underlying causes that exposed them to violence in the first
place. Ensuring meaningful participation required an investment of time and resources to
reach out to women and provide information in accessible and understandable formats.
8.
The High Commissioner underlined the importance of the conclusions made by the
Special Rapporteur on violence against women in her report on reparations for women who
have been subjected to violence, especially how guarantees of non-repetition offered the
greatest potential for transforming gender relations, and the need for States to ensure that
economic compensation and reintegration measures enhance the autonomy of women.
9.
The High Commissioner emphasized that, while the conceptual framework had been
advanced, there remained a gap between the conception and delivery of reparation
programmes, and called for greater international accountability in order to bridge that gap.
She urged the Human Rights Council to further engage with and advocate for increased
commitment to ensure prompt, adequate and effective reparations for women who have
been subjected to violence, at the international, regional and national levels.
1
4
See Coalition for Women’s Human Rights in Conflict Situations,
http://m.idasa.org/media/uploads/outputs/files/Nairobi%20Declaration.pdf.
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