What is the difference between reparation and compensation




















Compensation Compensation 2 should be provided for any economically assessable damage, as appropriate and proportional to the gravity of the violation and the circumstances of each case principle The damage giving rise to compensation may result from physical or mental harm; lost opportunities, including employment, education and social benefits; moral damage; costs required for legal or expert assistance, medicine and medical services, and psychological and social services.

When compensation is not fully available from the offender or other sources, States should endeavour to provide financial compensation to: a Victims who have sustained significant bodily injury or impairment of physical or mental health as a result of serious crimes; b The family, in particular dependants of persons who have died or become physically or mentally incapacitated as a result of such victimization.

The establishment, strengthening and expansion of national funds for compensation to victims should be encouraged. Where appropriate, other funds may also be established for this purpose, including in those cases where the State of which the victim is a national is not in a position to compensate the victim for the harm. Rehabilitation Rehabilitation includes medical and psychological care, as well as legal and social services principle Satisfaction Satisfaction includes a broad range of measures, including verification of the facts and full and public disclosure of the truth; an official declaration or a judicial decision restoring the dignity, the reputation and the rights of the victim i.

Guarantees of non-repetition Guarantees of non-repetition comprise broad structural measures of a policy nature such as institutional reforms aiming at civilian control over military and security forces, strengthening judicial independence, the protection of human rights defenders, the promotion of human rights standards in public service, law enforcement, the media, industry and psychological and social services principle Principle 11 - 23 rights-remedy-reparations-general-assembly.

The full text. The larger part of the Principles and Guidelines, with strong domestic law implications, sets out the status and the rights of victims, and corresponds to the title of the document as it refers to the right of victims to a remedy and reparation Defining the Goals of Reparations The Concept of Reparations Reparation for the victims or survivors of torture, which is their right under international and many national laws, is becoming more and more a realistic possibility.

As a result, many legal academics and lawyers, sociologists, medical practitioners and psychologists are now discussing the concept of reparation Traditional Chinese Taiwan Near fluent. English US. French France. Question about English US. What is the difference between compensation and reparation? Feel free to just provide example sentences. Report copyright infringement. The owner of it will not be notified.

Reparations should be based on a process of listening to victims, acknowledging wrongdoing, and recognizing the consequences of the violations committed. Alongside victims, we engage with different stakeholders, including national and international policymakers, donors, development actors, and other human rights organizations to help them to understand the importance of reparations in addressing the consequences of massive human rights violations. We also emphasize that reparations programs can be created on their own; they do not necessarily need to follow the establishment of a truth commission or prosecutions.

ICTJ works to encourage societies to consider the different ways reparations, humanitarian assistance, and development can interact to provide a degree of justice. Humanitarian assistance as an immediate response to alleviate the consequences of violations are welcome, they are insufficient.

They do not respond to victims as right bearers, nor do they recognize that violations were committed. We encourage societies to use approaches that are grounded in the language, culture, and history of the country and the victim populations. Importantly, reparation measures cannot rely only on compensation, but should include forms of rehabilitation, satisfaction, and guarantees of non-repetition, combining measures that are symbolic, material, individual, and collective, depending on circumstances and victim preferences.

Given limited resources and differing needs of victims, effective reparations programs should prioritize those who suffered the most or have the most immediate need for relief. I was deprived of my right. Only because I covered my hair? Our work in different countries has helped to establish programs that recognize the right of victims to reparations that are relevant to their needs and contexts.

Through comparative and field-based research and reporting, we have developed a body of knowledge not only about reparations in general, but about its many dimensions, including collective reparations, apologies, and links to poverty. Cambodia We assisted the Extraordinary Chambers in the Courts of Cambodia , established to prosecute former leaders of the Khmer Rouge, to draft and revise the regulations that now govern court-ordered reparations in its cases.

In collaboration with CODHES, a civil society organization that works on human rights for internally displaced persons, we also started the Collective Reparations Observatory.

Specifically, we advised the National Social Cohesion Program , the Ministry of Solidarity, Social Cohesion and Victims Compensation, and the National Commission for the Reconciliation and Compensation of Victims on how to define reparations based on effective consultations with victims, register victims, combine existing databases, and reach victims previously excluded especially from more remote areas. Our consultation and dialogue process with victims in marginalized areas ensured that their views were considered by relevant state agencies.

Kenya : We assisted the Truth, Justice and Reconciliation Commission TJRC , which was set up in the aftermath of the post-election violence of —, to design a matrix of reparations measures that could be implemented by the state. These covered the broad range of human rights violations within the TJRC mandate, including economic and social rights violations, violations involving land, and historic injustices. We helped government agencies and officials involved in designing reparations programs to identify and overcome their capacity gaps, outline the budgets and resources they required, and describe the legislation or administrative regulations needed.

We also produced Nepali-language reparations information kits on relevant complex bills and government procedures. The commission adopted our recommendations to define reparations, consult victims and civil society groups, and adopt a comprehensive approach that included individual and collective victims. Those recommendations were later passed into law and several have since been implemented. We tested and submitted proposals that the government later adopted around increasing the symbolic reparative component of collective reparations and on the participation of women.



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