What Are the Rights of Victims of Human Rights Violations?

                  Never in the world history a human rights defender was so harmed and bullied, but now all the world is demanding justice. Join us in this worlwide movement for justice, democracy, human rights and my  political rights. This worldwide movement has became so huge, intense and prevalent in the last five years that nobody can deny its existence. We can't let the cowardice and abuse of power prevail.  I have a YouTube channel, here is the link.   https://www.youtube.com/@lucianofietto4773/videos. Since the creation of this channel its visualization counter doesn't work, the same has been happening with the counter of this blog since its creation in 2010. This post is a summary of the article with the title above. It was published at https://seoul.ohchr.org/sites/default/f/2022/04_What%20are%20victims%20rights_formatting_FIN_ENG.pdf

                  From the beginning of the U.N. human rights system instruments have recognized that victims of human rights violations have a right to remedy and redress. Altough earlier human rights concepts focused on the need to punish perpetrators of violations, over time, the focus has shifted to the rights of victims and the obligations of State to victims. The International Covenant on Civil and Political Rights (ICCPR) requires States to ensure that any person whose rights are violated has an effective remedy, even if the violations was committed by person acting in their official capacity. In addition, States must ensure that any person claiming such a remedy can have his or her claim determined by a competent court or other competent authority, and the authorities must enforce any remedies that are granted. Since the ICCPR was adopted in 1966, other more focused human rights treaties have also specifically referred to the rights of victims. In 2005, the General Assembly of the U.N. adopted the "Basic Principle and Guidelines on the Right to a Remedy and Reparation for Victims of Violations of International Human Rights Law and Serious Violations of International Humanitarian Law." States are encouraged to consider the Basic Principles as guidelines for domestic laws and policies. Since their adoption, the Basic Principle have become the main international framework for victims' rights. The rights of victims overlap to some degree with the fundamental principles of transitional justice. The relationship between the two is that transitional justice serves to ensure that the rights of victims are respected, protected, and fulfilled, among other aims. Under the Basic Principles, victims can be individual or collective. They may have suffered "physical or mental injury, emotional suffering, economic loss or substantial impairment of their fundamental rights". In addition to direct victims, their family members and dependents can also be victims, as well as persons who tried to intervene to help the victim. The Basic Principles set out that all victims of violations of international human rights and international humanitarian law have the right to: 1) Equal and effective access to justice.   2) Adequate, effective and prompt reparations for harm suffered.   3) Access to relevant information concerning violations and reparation mechanisms.  Victims have the right to effective judicial remedies by competent courts without any form of discrimination. States should disseminate relevant information about available remedies, take measures to protect victims and make it easier for them to participate safely in these process, and provide relevant assistance, among other things. Victims are entitled to "adequate, effective and prompt reparations" for violations of their rights. Reparation can be individual or collective. If the State is responsible for the violations, the State should be responsible for reparation. The Basic Principles set out the actions States should take to help ensure reparation, and establish the main forms of reparation: restitution, compensation, rehabilitation, satisfaction and guarantees of non-repetition. Compensation should be paid where the violation of rights can be assessed economically. Economic damages apply for physical or mental harm, lost opportunities, such as education and social benefits, lost wages or potential future wages, moral damages, and the costs of dealing with the violation, such as lawyers, doctors, and other services. Rehabilitation means medical and psychological care, and legal and social services. Satisfaction can take many forms, including: a) measures to end ongoing violations, b) verification of facts and disclosure of the truth, c) searching for missing persons or their remains and appropriate treatment of their remains, d) an official declaration or judicial decision restoring the dignity, reputation and rights of victims, e) public apologies including acknowledge the facts and accepting responsibility, f) judicial and administrative sanctions against those who are responsible, g) tributes to victims, h) accurate information about the violations in education materials. Guarantees of non-repetition means that the State must take steps to ensure that violations stop and do not happen again. For example, the State could work to ensure effective civilian control over the military, strengthen its judiciary, change policies to protect lawyers, journalists and human rights defenders, and reform laws that allow violations to happen, among other actions.