Reparations in the form of restitution and compensation before selected human rights mechanisms

Gentian Zyberi

Chapter 24 in Research Handbook on Accountability for Human Rights Violations, 2025, pp 428-443 from Edward Elgar Publishing

Abstract: This chapter provides a comparative analysis of two main forms of reparations, namely restitution and compensation, as developed through the practice of various human rights mechanisms, with a focus on the regional human rights courts and the UN Human Rights Committee. The definitions of restitution and compensation are based on their respective definitions contained in the 2005 UN Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law. First, the analysis focuses on the legal framework of reparations and the general practice of the main international and regional human rights mechanisms. Then, the analysis turns to restitution and compensation as specific forms of reparations. While there are various forms of restitution, including the recognition of identity, family life and citizenship, return to one's place of residence, restoration of employment, and so on, the chapter addresses only the restoration of liberty and the return of property as two main forms of restitution for personal autonomy. Compensation is provided for any economically assessable damage, as appropriate and proportional to the gravity of the violation and the circumstances of each case. The chapter analyses compensation for pecuniary and non-pecuniary damage and the issue of adequate compensation. Some good practices concerning reparations and future research agendas are summarized at the end.

Keywords: Human rights violations; Human rights mechanisms; Reparations; Restitution; Compensation; Pecuniary and non-pecuniary damage; Adequate compensation (search for similar items in EconPapers)
Date: 2025
ISBN: 9781035306923
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