14.
Once the State’s international responsibility has been declared, it is incumbent on
the Inter-American Court to comply with the obligation imposed on it by Article 63(1) of the
Convention, to rule “if appropriate, that the consequences of the measure or situation that
constituted the breach of such right or freedom be remedied and that fair compensation be
paid to the injured party” (emphasis added). To comply with this obligation, the Court must
verify that the reparations awarded in the domestic sphere conform to the international
obligations and order measures to repair the damage that was not repaired adequately at
the domestic level. The Court must assess whether it is appropriate to require the State to
pay additional compensation, if compensation had been established by the domestic courts.
It is not appropriate to require this measure when the State, through its domestic organs,
has established and executed fair compensation that repairs the damage caused.
15.
Consequently, the rulings of the Inter-American Court concerning reparations do not
depend on and are not limited by the mechanisms or standards established under the
domestic legal system, or by what has been decided by the domestic organs. When
verifying the conformity of the reparations awarded at the domestic level, the Court does
not have such restrictions. To the contrary, it is the final interpreter of the international
obligation to make reparation in relation to human rights but, at the same time, it has the
obligation to recognize and encourage, if applicable, the steps taken under domestic law
that are in accord with international law.
II.
Compensatory damages for pecuniary harm
16.
In international human rights law, compensatory damages have been considered the
form of reparation par excellence to compensate the pecuniary harm resulting from the
violation of human rights.
17.
Under comparative domestic law, loss of income is one of the basic elements that
almost all legal systems include as a matter that requires the damage to be compensated. 12
Clearly, there are procedural differences and diverse criteria as regards how to determine
the loss and the amounts awarded. It should also be recognized that, at times, the
development of the right to reparation in the domestic sphere, owing to State responsibility
for the violation of human rights, has been influenced by international human rights law.
18.
Even though it is evident under international human rights law that the States are
obliged to establish an effective remedy that permits making reparation for human rights
violations, international laws do not expressly regulate the parameters that the States
should observe when determining the compensation that will repair the pecuniary damage
caused.
19.
The Principles and Guidelines adopted by the General Assembly of the United Nations
in this regard, 13 recognize the right of the victims of such violations to “full and effective
reparation […], which include the following forms: restitution, compensation, rehabilitation,
satisfaction and guarantees of non-repetition.” 14 When referring in detail to compensation,
12
SHELTON, Dinah, Remedies in International Human Rights Law, Second Edition, Oxford University Press, New York,
2005, pp. 35-36.
13
“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.” Resolution 60/147 adopted by
the United Nations General Assembly on 16 December 2005.
14
Article 18.
4
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