Reparations at the Human Rights committee: legal basis, practice and challenges
- Author
- Valeska Marcela David Contreras (UGent)
- Organization
- Abstract
- The Human Rights Committee (HRC) has succeeded in asserting its capacity to afford reparation in spite of the silence of the norms regulating its activity. The HRC has correctly interpreted the right to an effective remedy as enabling it to provide redress. Moreover, it has developed significant practice in reparations, which has gradually evolved. The HRC’s remedies have grown in variety and definition, as well as in the coverage of victims. Notwithstanding that, this article argues that this evolving process encompasses some problematic aspects in need of rectification. This research discusses the ambiguity in the formulation of certain reparations, their inconsistency and insufficiency to repair discrimination, as well as the under-utilisation of guarantees of non-repetition and some satisfaction measures. Moreover, the article addresses some of the difficulties in defining the beneficiaries of reparations, and seeks to elucidate what has been achieved, which challenges are faced and how the HCR’s reparations should develop.
- Keywords
- reparations, views, restitution in integrum, Human Rights Committee, victims' rights, remedy
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Citation
Please use this url to cite or link to this publication: http://hdl.handle.net/1854/LU-5845659
- MLA
- David Contreras, Valeska Marcela. “Reparations at the Human Rights Committee: Legal Basis, Practice and Challenges.” NETHERLANDS QUARTERLY OF HUMAN RIGHTS, vol. 32, no. 1, Intersentia, 2014, pp. 8–43.
- APA
- David Contreras, V. M. (2014). Reparations at the Human Rights committee: legal basis, practice and challenges. NETHERLANDS QUARTERLY OF HUMAN RIGHTS, 32(1), 8–43.
- Chicago author-date
- David Contreras, Valeska Marcela. 2014. “Reparations at the Human Rights Committee: Legal Basis, Practice and Challenges.” NETHERLANDS QUARTERLY OF HUMAN RIGHTS 32 (1): 8–43.
- Chicago author-date (all authors)
- David Contreras, Valeska Marcela. 2014. “Reparations at the Human Rights Committee: Legal Basis, Practice and Challenges.” NETHERLANDS QUARTERLY OF HUMAN RIGHTS 32 (1): 8–43.
- Vancouver
- 1.David Contreras VM. Reparations at the Human Rights committee: legal basis, practice and challenges. NETHERLANDS QUARTERLY OF HUMAN RIGHTS. 2014;32(1):8–43.
- IEEE
- [1]V. M. David Contreras, “Reparations at the Human Rights committee: legal basis, practice and challenges,” NETHERLANDS QUARTERLY OF HUMAN RIGHTS, vol. 32, no. 1, pp. 8–43, 2014.
@article{5845659, abstract = {{The Human Rights Committee (HRC) has succeeded in asserting its capacity to afford reparation in spite of the silence of the norms regulating its activity. The HRC has correctly interpreted the right to an effective remedy as enabling it to provide redress. Moreover, it has developed significant practice in reparations, which has gradually evolved. The HRC’s remedies have grown in variety and definition, as well as in the coverage of victims. Notwithstanding that, this article argues that this evolving process encompasses some problematic aspects in need of rectification. This research discusses the ambiguity in the formulation of certain reparations, their inconsistency and insufficiency to repair discrimination, as well as the under-utilisation of guarantees of non-repetition and some satisfaction measures. Moreover, the article addresses some of the difficulties in defining the beneficiaries of reparations, and seeks to elucidate what has been achieved, which challenges are faced and how the HCR’s reparations should develop.}}, author = {{David Contreras, Valeska Marcela}}, issn = {{0169-3441}}, journal = {{NETHERLANDS QUARTERLY OF HUMAN RIGHTS}}, keywords = {{reparations,views,restitution in integrum,Human Rights Committee,victims' rights,remedy}}, language = {{eng}}, number = {{1}}, pages = {{8--43}}, publisher = {{Intersentia}}, title = {{Reparations at the Human Rights committee: legal basis, practice and challenges}}, volume = {{32}}, year = {{2014}}, }