Basic Principles and Guidelines on the right to a remedy and reparation for victimsof gross violations of international human rights law and serious violations ofinternational humanitarian law

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The basic principles and guidelines on the right to a remedy and reparation for victims of gross violations of international human rights law and serious violations of international humanitarian law were adopted by the United Nations in 2005. These principles and guidelines provide a framework for states and other actors to ensure that victims of such violations have access to justice, truth, and reparations.

Here are some of the key principles and guidelines:

  1. Right to a Remedy: Victims of gross violations of human rights and serious violations of international humanitarian law have the right to an effective remedy, which includes the right to seek and obtain justice, truth, and reparation.
  2. Access to Justice: States must ensure that victims have access to justice and fair and impartial judicial proceedings to seek accountability for the violations committed against them.
  3. Right to Truth: Victims have the right to know the truth about the circumstances surrounding the violations, including the identification of the perpetrators and the reasons for the violations.
  4. Reparations: Victims have the right to obtain full and effective reparation for the harm suffered. Reparations should be appropriate, proportional, and include restitution, compensation, rehabilitation, satisfaction, and guarantees of non-repetition.
  5. State Responsibility: States have a primary responsibility to investigate, prosecute, and provide remedies for gross violations of human rights law and serious violations of international humanitarian law. They should establish and maintain effective mechanisms and institutions to ensure access to justice and reparations.
  6. Non-State Actors: Non-state actors, including armed groups and corporations, should also be held accountable for their involvement in gross human rights violations and serious violations of international humanitarian law. States should take appropriate measures to ensure accountability for these actors.
  7. Gender Perspective: The principles and guidelines highlight the need to address the specific needs and experiences of women and girls as victims of these violations and ensure their full participation in seeking remedies and reparations.
  8. Non-Discrimination: Remedies and reparations should be provided without discrimination on any grounds such as race, color, sex, language, religion, political or other opinion, national or social origin, property, birth, or other status.

These principles and guidelines aim to ensure that victims of gross human rights violations and serious violations of international humanitarian law have access to justice, truth, and effective reparations. They provide a comprehensive framework for states and other actors to fulfill their obligations in this regard.

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