A/RES/60/147
14. An adequate, effective and prompt remedy for gross violations of international
human rights law or serious violations of international humanitarian law should
include all available and appropriate international processes in which a person may
have legal standing and should be without prejudice to any other domestic remedies.
IX. Reparation for harm suffered
15. Adequate, effective and prompt reparation is intended to promote justice by
redressing gross violations of international human rights law or serious violations of
international humanitarian law. Reparation should be proportional to the gravity of
the violations and the harm suffered. In accordance with its domestic laws and
international legal obligations, a State shall provide reparation to victims for acts or
omissions which can be attributed to the State and constitute gross violations of
international human rights law or serious violations of international humanitarian
law. In cases where a person, a legal person, or other entity is found liable for
reparation to a victim, such party should provide reparation to the victim or
compensate the State if the State has already provided reparation to the victim.
16. States should endeavour to establish national programmes for reparation and
other assistance to victims in the event that the parties liable for the harm suffered
are unable or unwilling to meet their obligations.
17. States shall, with respect to claims by victims, enforce domestic judgements
for reparation against individuals or entities liable for the harm suffered and
endeavour to enforce valid foreign legal judgements for reparation in accordance
with domestic law and international legal obligations. To that end, States should
provide under their domestic laws effective mechanisms for the enforcement of
reparation judgements.
18. In accordance with domestic law and international law, and taking account of
individual circumstances, victims of gross violations of international human rights
law and serious violations of international humanitarian law should, as appropriate
and proportional to the gravity of the violation and the circumstances of each case,
be provided with full and effective reparation, as laid out in principles 19 to 23,
which include the following forms: restitution, compensation, rehabilitation,
satisfaction and guarantees of non-repetition.
19. Restitution should, whenever possible, restore the victim to the original
situation before the gross violations of international human rights law or serious
violations of international humanitarian law occurred. Restitution includes, as
appropriate: restoration of liberty, enjoyment of human rights, identity, family life
and citizenship, return to one’s place of residence, restoration of employment and
return of property.
20. Compensation should be provided for any economically assessable damage, as
appropriate and proportional to the gravity of the violation and the circumstances of
each case, resulting from gross violations of international human rights law and
serious violations of international humanitarian law, such as:
(a)
Physical or mental harm;
(b)
Lost opportunities, including employment, education and social benefits;
(c) Material damages and loss of earnings, including loss of earning
potential;
(d)
Moral damage;
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