A/HRC/42/45 Rehabilitation 98. Rehabilitation is a form of reparation that is aimed at providing victims with physical and mental health services as well as other legal and social services. 83 It has the ability to address the mental and physical harm caused to victims, or community harm, 84 as well as to enable victims to reconstruct their lives, get new life opportunities, fulfil their rights to justice and truth, and contribute to non-recurrence.85 If there are transformative opportunities for victims in the right to reparation, rehabilitation is one of the measures most likely to deliver on them. 99. Various countries have included rehabilitation as a form of reparation in their reparation programmes, such as Chile, 86 Colombia, 87 El Salvador 88 and Guatemala. 89 Nevertheless, this is one of the reparation measures where States face serious implementation challenges, which are exacerbated when conflict situations are ongoing, and the required infrastructure and expertise are not available or are insufficient to provide such services. 100. Nonetheless, there are examples of good practice in this field. In Chile, for example, a comprehensive rehabilitation system for physical and mental health was established following the recommendations made by the Rettig Commission. 90 That programme began its work in 1991 and continues to provide rehabilitation to victims today. It provides medical and psychosocial services to parents, children, partners and grandchildren of victims of enforced disappearance, execution and torture, people dismissed from their employment for political reasons, and persons who have provided support to victims of the dictatorship for at least 10 continuous years. However, the Programme for Reparation and Comprehensive Health Care falls short of providing medical and psychosocial support to victims in exile or who live abroad as a result of the harm suffered. 91 101. The programme, administered by the Ministry of Health, provides medical and dental care, diagnostic tests, access to specialists, hospitalization, and emergency services, to approximately 750,000 registered persons.92 The personnel include physicians, social workers and psychologists, who are also involved in memory and justice initiatives. The budget for its operation is approved by Congress yearly. 93 102. In Colombia, there are significant limitations in the provision of health services through the Programme of Psychosocial Assistance and Comprehensive Health Care for Victims, administered by the Ministry of Health.94 However, alternative forms of rehabilitation have been used with some degree of success, such as “interweaving” (el entrelazar), which is a form of collective rehabilitation.95 It aims to help in the 83 84 85 86 87 88 89 90 91 92 93 94 95 16 See General Assembly resolution 60/147, annex, para. 21. Judith Bueno de Mesquita, Gen Sander and Paul Hunt, “Rehabilitation and the right to health in times of transition”, International Human Rights Law Review, vol. 5 (2016), pp. 169–193. Redress, “Rehabilitation as a form of reparation under international law” (London, 2009); and Clara Sandoval, “Reflections on the transformative potential of transitional justice and the nature of social change in times of transition,” in Roger Duthie and Paul Seils (eds.), Justice Mosaics: How Context Shapes Transitional Justice in Fractured Societies, International Center for Transitional Justice (2017), pp. 166–201, at p. 190. Law No. 19.980 which modifies Law No. 19.123, art. 7. Law No. 1448/2011, art. 135. El Salvador executive decree 204/2013, arts. 7–9. Texto El Libro Azul (política pública de resarcimiento), paras. 96–106. Chilean National Commission on Truth and Reconciliation report, vol. I, part II (1991), pp. 1260– 1263. Inter-American Court of Human Rights, García Lucero and others v. Chile, judgment of 28 August 2013 (preliminary objection, merits and reparations). Ministry of Health of Chile, ordinance A 111 No. 3803, 10 November 2016. Elizabeth Lira, “Reflections on rehabilitation as a form of reparation in Chile after Pinochet’s dictatorship”. Comisión de Seguimiento y Monitoreo a la Implementación de la Ley 1448 de 2011, quinto informe de seguimiento al Congreso de la República 2017–2018, p. 114. Submission of Paula Gaviria and Irin Marín.