A/HRC/14/22
C.
1.
Reparations for women subjected to systemic violations in other
contexts
Looking to the past
67.
In consolidated democracies, Governments are increasingly called upon to examine
certain discriminatory practices perpetrated and/or condoned by the State which target
certain groups of the population and to study the need for relevant reparations.
68.
One example relates to forced sterilization programmes and the emergence of
judicial awards of compensation. Many such sterilization policies were instituted in
countries around the world, usually as part of eugenics programmes to prevent the
reproduction of members of the population considered to be carriers of “defective genetic
or social traits”. Women were sterilized without informed consent: several died from postsurgery complications, while others faced health problems, psychological complications,
unemployment and family isolation. More recently in certain countries, abusive practices in
the implementation of sexual and reproductive health programmes as part of population
control policies have led to systemic violations.
69.
Despite a number of courts having ruled that such practices were a violation of both
physical integrity and privacy of the women, judicial arenas for contesting forced
sterilization and receiving compensation are fraught with difficulties. Women confronted
with the traditional structural and administrative limitations in accessing justice, especially
if they are poor or belong to minority or excluded groups, need to overcome specific
obstacles when making claims to redress historical injustices. Often, financial
compensation has been denied by ordinary courts because of such legal barriers as the
statute of limitations. Furthermore, the focus has mostly been restricted to insufficient
monetary compensation.
70.
Another instance of discriminatory practices, resulting in historical injustices, is that
of assimilation policies instituted in countries, which led to many aboriginal or indigenous
children being taken away from their families, communities and cultures and placed in
foster care or residential schools. There have been some initiatives to provide compensation
to survivors, including monetary compensation, truth-telling, therapeutic services and acts
of commemoration and reconciliation. However, gender differences have generally not
been taken into account and, as a consequence, there has not been special recognition of or
compensation for girls for consequences of sexual abuse, such as pregnancy resulting from
rape or forced abortion.
71.
The single most organized and well-documented movement for reparations for
women is that for the so-called “comfort women”. Since the late 1980s, survivors have
come forward to bear witness and mobilize international public opinion, asking for an
official apology and reparation. Survivors have rejected financial aid gestures as inadequate
and reiterated their desire for a formal apology and individual compensation through public
funds rather than a welfare- or benevolence-type of assistance based on socio-economic
needs. As victims of sexual crimes, they do not want to receive economic compensation
without an official apology and official recognition of State responsibility.
2.
Looking to the present
72.
Women are subjected to grave forms of violence today, including in all democratic
societies at the hands of both State and non-State actors: the large numbers of victims of
sexual and domestic violence and exploitation in virtually every country demonstrate that
this is still the case. States should reflect upon effective ways to compensate victims for
harms suffered, including tort law, insurance, trust funds for victims and public
compensation schemes.
18
GE.10-13109
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