A/HRC/22/45 47. Article 19 of the Declaration on the Protection of All Persons from Enforced Disappearance provides that ―the victims of acts of enforced disappearance and their family shall obtain redress and shall have the right to adequate compensation, including the means for as complete a rehabilitation as possible. In the event of the death of the victim as a result of an act of enforced disappearance, their dependents shall also be entitled to compensation‖. A. Definition of reparation 48. The Working Group considers that the term ―redress‖ in article 19 of the Declaration is meant to include essentially the concept of ―reparation‖, even though it encompasses that of ―effective remedy‖ as well.12 The right to reparations is a well-established and basic human right, which is enshrined in universal and regional human rights treaties as well as in other international instruments.13 The Working Group considers that the scope of the right to reparation in customary law has been evolving over recent decades. 49. For the first time in international law, the right to reparation for acts of enforced disappearance has been enshrined in an international legally binding instrument, namely, the International Convention for the Protection of All Persons from Enforced Disappearance.14 Paragraph 5 of article 24 of the Convention specifies that the right to obtain reparation covers both material and moral damages and, where appropriate, other forms of reparation such as restitution, rehabilitation, satisfaction (including restitution of dignity and reputation), and guarantees of non-repetition.15 Reparation as a consequence of the violation of the victim’s rights 1. 50. The Working Group notes that, in practice, measures intended to help relatives to cope with the consequences of the absence of the disappeared person are assimilated to measures of reparation. Everyone has the right to social security and the State has the duty to provide the family with the widest possible protection. Measures that provide for social assistance do not, however, prejudice the obligation of the State to provide reparation to victims as a consequence of the violation of their rights. 16 In addition, social allowances and/or measures of reparation should not be made conditional on the requirement that the relatives of the disappeared person produce a death certificate. 17 In its general comments on article 19 of the Declaration, the Working Group made it clear that, ―as a general principle, 12 13 14 15 16 17 See also general comment No. 3 of the Committee against Torture on article 14 of the Convention (CAT/C/GC/3). As recently reaffirmed by the International Criminal Court, Trial Chamber I, in Situation in the Democratic Republic of Congo in the case of the Prosecutor v. Thomas Lubanga Dyilo, Decision establishing the principles and procedures to be applied to reparations, 7 August 2012, para. 185. Art. 24, para. 4: ―Each State Party shall ensure in its legal system that the victims of enforced disappearance have the right to obtain reparation and prompt, fair and adequate compensation.‖ The jurisprudence of regional human rights courts, and notably the Inter-American Court of Human Rights, has been instrumental in the interpretation and development of the right to reparation. The Court has by far the most developed and creative jurisprudence with regard to asserting victims‘ right to reparation. The Working Group, in paragraph 9 of its general comment on the right to recognition as a person before the law in the context of enforced disappearances, stated that the acceptance of financial support for members of the families should not be considered a waiver of the right to integral reparation for the damage caused by the crime of enforced disappearance, in accordance with article 19 of the Declaration. A/HRC/16/48/Add.1, para. 46. 9