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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
 

On 16 December 2005 , the General Assembly adopted without a vote

 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

General Assembly resolution 60/147 is now available on the UN website (http://www.ohchr.org/english/law/remedy.htm)

This action by the General Assembly follows adoption of the Basic Principles and Guidelines by the ECOSOC on 25 July 2005 and by the Commission on Human Rights on 19 April 2005 .

The Basic Principles and Guidelines are the result of more than 15 years of work by independent experts, Professors Theo van Boven and M. Cherif Bassiouni, as well as long-standing participatory process of consultations which involved Member States, international organizations and NGOs. OHCHR supported the efforts to finalize the Basic Principles and Guidelines throughout the process, including by organizing several consultative meetings.

The Basic Principles and Guidelines adopt a victim-oriented perspective and clarify the scope of the right to a remedy and outline what can be done to realize it. Importantly, they do not limit the concept of reparation to monetary compensation but also provide for other forms of redress, such as restitution, rehabilitation, satisfaction and guarantees of non-repetition.

GA resolution 60/147 recommended that “States take the Basic Principles and Guidelines into account, promote respect thereof and bring them to the attention of members of the executive bodies of the government, in particular law enforcement officials and military and security forces, legislative bodies, the judiciary, victims and their representatives, human rights defenders and lawyers, the media and the public in general.”

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