A/HRC/21/65
10.
András Dékány, Vice-President of the Human Rights Council, Permanent
Representative of Hungary, reiterated the findings of the Special Rapporteur’s report on
reparations, in particular that reparations should strive to have a transformative potential,
and welcomed the discussion as an opportunity to identify areas that required further study.
11.
The moderator, Rashida Manjoo, Special Rapporteur on violence against women,
emphasized that the law of remedies included two aspects: the substantive and the
procedural, and highlighted the areas that the panellists were invited to focus on. She also
thanked the panellists for making themselves available to share their expertise in different
country contexts and areas of work.
B.
Good practices in gender-responsive remedies
12.
Patricia Guerrero, Director of the Liga de Mujeres Desplazadas, hailed the InterAmerican Court of Human Rights decision in the case of González et al. (“Cotton Field”) v.
Mexico as a historic reparation ruling that placed an obligation on States in the region to
ensure that women victims of violence have full access to justice, including reparations.
She briefly outlined three elements to the ruling: it reaffirmed that a lack of justice for
women victims of violence amounted to gender discrimination; it formed part of the
conceptual development of gender violence; and, through the provision of legal and
political tools in the ruling, allowed for engagement with the judiciary and the executive to
review public policy. Additionally, she noted that the ground-breaking ruling was also the
result of civil society mobilization. Civil society was also involved in the monitoring of the
implementation of the ruling and translation into the public policies of States.
13.
Carla Ferstman, Director of REDRESS, referred to States’ generic compensation
schemes for victims of crimes, noting that they were not specifically designed to address
violence against women, but rather catered to a wide array of crimes. Those compensation
schemes were based on harm done and, in some circumstances, the method of assessing
harm could have a negative impact on gender-based violence and sexual violence. She
noted however that victims could access generic compensation schemes without the
requirement of prosecution or conviction which, given the low rate of convictions in cases
of gender-based violence, represented a potentially significant positive avenue through
which women who experience violence could claim compensation. Ms. Ferstman
underlined the importance of those schemes and called for States to critically reflect on and
review how they could ensure that those schemes take into account the gendered nature of
the harm suffered.
14.
Chris Dolan, Director of the Refugee Law Project, briefed participants on progress
in the understanding of reparations as combining physical and economic repair for victims
with psychological and political healing in acknowledgment of past crimes. He however
noted that the transformative potential of reparations had yet to be realized, and urged
States to regard reparations within the transitional justice framework as of equal importance
to prosecutions.
C.
Remedies in post-conflict settings
15.
Ms. Ferstman compared the promising efforts being made by the International
Criminal Court’s Trust Fund for Victims as regards complementing the narrow criminal
prosecutorial process of the court with the reparation regime of the ad hoc International
Criminal Tribunal for Rwanda. She noted that unlike the reparative function of the ad hoc
court, the Trust Fund for Victims, in addition to implementing Court-ordered reparations
awards against a convicted person when directed by the Court to do so, provided assistance
5
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents