2
the international norms of protection2 (in the terms of Article 2 of the American
Convention on Human Rights).
5.
Contemporary doctrine, furthermore, has identified distinct forms of
reparation (restitutio in integrum, satisfaction, indemnizations, rehabilitation of the
victims, guarantees of non repetition of the harmful facts, among others) from the
perspective of the victims, of their needs, aspirations and claims3. In fact, the terms
of Article 63(1) of the American Convention on Human Rights4 disclose to the InterAmerican Court of Human Rights quite a wide horizon in the mattter of reparations5.
6.
Nevertheless, the contents and scope of the measures of reparation in
international law remain surrounded by a certain degree of imprecision, despite the
existence of a secular case-law on the matter. This is due in great part to the fact
that such case-law has developed as from analogies with solutions of private law,
and, in particular, of civil law (droit civil), in the ambit of national legal systems.
7.
Juridical concepts, while encompassing values, are product of their time, and
as such are not unchangeable. The juridical categories crystallized in time and which
came to be utilized - in a context distinct from the ambit of the International Law of
Human Rights - to govern the determination of reparations were strongly marked by
2.
It may be recalled that, half a decade ago, the Vienna Declaration and Programme of Action
(1993), the main document adopted by the II World Conference of Human Rights, urged the States to
"abrogate legislation leading to impunity for those responsible for grave violations of human rights, (...)
and prosecute such violations (...)" (part II, paragraph 60).
3.
Theo van Boven (special rapporteur), Study Concerning the Right to Restitution, Compensation
and Rehabilitation for Victims of Gross Violations of Human Rights and Fundamental Freedoms -Final
Report, U.N./Commission on Human Rights, doc. E/CN.4/Sub.2/1993/8, of 02.07.1993, pp. 1-65.
4.
Article 63(1) of the American Convention provides that: -"If the Court finds that there has been a
violation of a right or freedom protected by this Convention, the Court shall rule that the injured party be
ensured the enjoyment of his right or freedom that was violated. It shall also rule, if appropriate, that the
consequences of the measure or situation that constituted the breach of such right or freedom be
remedied and fair compensation be paid to the injured party".
5.
Certainly much wider than that which ensues from the terms of Article 50 of the European
Convention of Human Rights, restrictively interpreted and applied by the European Court of Human Rights
throughout the years and until the recent entry into force of Protocol n. 11 to the European Convention, on
01 November 1998.
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