A/HRC/37/25 50. Compensation should be proportional to the gravity of the violation and the circumstances of each case. As recommended by the Committee, complaint mechanisms should permit invoking multiple grounds of discrimination and ensure proportionality in determining both liability and remedies. 76 51. Rehabilitation aims to restore, as far as possible, the individual’s independence and physical, mental, social and vocational ability, and his or her inclusion and participation in society. All rehabilitative measures, including selection of service providers, must be provided on the basis of the individual’s free and informed consent.77 52. Satisfaction should include thorough investigation, prosecution and exposure of truth of human rights violations while protecting the privacy and safety of witnesses involved in the investigation, as well as effective judicial and administrative sanctions. Investigation should also inform legal and policy reform. States should conduct inquiries into past violations against persons with disabilities, particularly in institutional settings such as social care or psychiatric institutions, exposing the truth and providing appropriate redress and reparations.78 53. Guarantees of non-repetition of the offence necessarily call for States to undertake measures to combat impunity for violations. This should include building the capacity of those who work in the administration of justice, including health professionals and prison staff, on the human rights of persons with disabilities. Guarantees of non-repetition have been recognized as offering an important potential for the transformation of social relations that may be the underlying causes of violations; hence, they also call for systemic change such as amending laws and policies and taking effective preventive and deterrent measures.79 This is supported by the Committee in its recommendations contained in its views on individual communications in relation to obligations to take measures to prevent similar violations in the future. In these recommendations the Committee has called for, among other things, the enactment or amendment of regulations, policies and laws in accordance with the Convention, in consultation with representative organizations of persons with disabilities, and ensuring their non-discriminatory application by domestic courts; and the training of public officials, including judges and other judicial officials, so that they may adjudicate cases in line with the Convention. The Committee has also called for the repeal of laws that are not aligned with the provisions of the Convention. C. Participation in the administration of justice 1. Access to justice as an integral part of governance 54. Under the Convention, for persons with disabilities to have access to justice on an equal basis with others, they must be able to effectively participate, directly or indirectly, in all legal proceedings, including at the investigative and other preliminary stages. Direct participation refers to those instances in which the person with disability acts as a claimant or defendant, as one of the official parties to the proceedings. Indirect participation refers to other roles that contribute to the administration of justice, such as that of witness, qualified expert, juror, judge or lawyer. 55. The Convention considers administration of justice a part of the democratic system that contributes to good governance and, hence, goes beyond upholding the fair trial rights of a particular person with disability. Upholding democracy, rule of law, accountability and the effective administration of justice requires the involvement of persons representing all facets of society, in all capacities, including persons with disabilities. Article 13 seeks to promote the rights of persons with disabilities to contribute and participate in all aspects of the administration of justice and other legal proceedings, as a component of active 76 77 78 79 14 See general comment No. 3, para. 18. See Committee against Torture, general comment No. 3, para. 15. See CEDAW/C/JPN/CO/7-8, para. 25; and A/72/133, para. 49. See Committee against Torture, general comment No. 3, para. 18.