reparation in a fair and non-discriminatory manner, requiring
State Parties to ensure the independence of institutions providing
reparation, including complaints and investigative mechanisms,
forensic services, medical, psychological and other programmes
providing rehabilitation, the judiciary, NHRIs, NPMs as well as
traditional mechanisms.
34. Limited resources shall not justify a State’s failure to fulfil its
obligation to provide comprehensive reparation, and a State may
establish special reparation funds. National legislation shall provide
for all forms of reparation and State Parties shall ensure that the
reparation provided is appropriate for the particular circumstances
of the victim and that it is proportionate to the gravity of the harm
suffered. When providing reparation, State Parties shall take into
account the situation of victims, including their culture, personality,
history and background as critical components of the victim-centred
approach to providing reparation.
35. This General Comment endorses the definitions of restitution,
compensation, rehabilitation, satisfaction and guarantees of nonrepetition contained in General Comment No. 3 of the UN Committee
against Torture. Additionally, this General Comment proceeds to
reflect on the particular context of victims on the African continent
in relation to reparation.
Restitution
36. Restitutive measures shall, taking into consideration the specificities
of each case, aim to put the victim back to the situation they
were in before the violation which may include the restoration of
citizenship, employment, land or property rights, accommodations,
the release of persons arbitrarily detained or restoration of
the ability for victims to exercise the right to return. Where the
violation results from the victims’ position of vulnerability and
marginalisation which predated the violation, restitutive measures
shall be complemented by measures designed to address the
structural causes of the vulnerability and marginalisation, including
any kind of discrimination. This shall also include measures aimed
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