Previous 41 / 52 Next

PART 5. RIGHT TO REPARATION Three women victims of sexual violence in the Camp Mugunga 3, August 2013, Democratic Republic of Congo. © Habibou Bangre / AFP. A. GENERAL PRINCIPLES 53. Right to reparation States must take the necessary legislative and other measures required to guarantee access to appropriate, efficient, accessible, timeous and long-lasting reparation for injury and loss suffered by victims of sexual violence, as well as access to appropriate information regarding reparation mechanisms. The reparations must be proportional to the seriousness of the violation and injury undergone. Court-ordered and/or administrative reparation must be granted to the victims of sexual violence. States must grant reparation to the victims for acts or omissions for which the States are responsible or for which a physical person or entity is responsible in cases where the latter are not able to or do not agree to repair the injury. 54. Enforcement of reparation orders States must ensure the enforcement of the reparation orders issued by their national courts against the perpetrators of sexual violence. States must also strive to ensure that decisions to provide reparation that are qualified as res judicata and handed down by foreign courts are enforced according to their internal law and international legal obligations. To that end, in their internal legislation, States must provide for effective mechanisms to ensure the enforcement of decisions to provide reparation. 55. National funds 55. 1. To facilitate the access to reparation for victims, States must create, strengthen and/or encourage the establishment of national funds which can benefit victims of sexual violence in priority. A specially dedicated national fund, for reparation for victims of acts of sexual violence, must be created where possible. To be effective, these mechanisms must be appropriately financed by States, their technical and financial partners, private sector stakeholders, and if possible, by the perpetrators of the violence. GUIDELINES ON COMBATING SEXUAL VIOLENCE AND ITS CONSEQUENCES IN AFRICA 41

Select target paragraph3

● ● ●

The Guidelines on Combating Sexual Violence and its Consequences in Africa

ACHPR Resources

Document date: Oct 20, 2010

Type of document: Recommendations

Language: English

Thematic Area

Women

Document Summary: The Guidelines on Combating Sexual Violence and Its Consequences in Africa come with explanatory notes. These notes provide references on the sources used, which are the binding and non-binding African regional legal instruments; the jurisprudence of the Commission, its general comments, thematic resolutions and resolutions on specific situations in a given country; and other regional and sub-regional legal and regulatory texts, particularly those adopted by the African Union. The explanatory notes also refer to normative international instruments, such as human rights treaties; specific legislation on the promotion and protection of the rights of women; and the general recommendations of the Committee on the Elimination of Discrimination against Women; and relevant resolutions of the Security Council and General Assembly of the United Nations. They also refer to texts and tools produced by special human rights protection mechanisms at the international and regional levels, for example the special procedures of the United Nations and the Commission. Finally, these notes draw from the jurisprudence of international courts and other judicial and quasi-judicial mechanisms, and from texts on best practices in combating sexual violence and its consequences at the national, regional and international levels.

Primary Documents

The Guidelines on Combating Sexual Violence and its Consequences in Africa.pdf
English
Download View

NANHRI

Select target paragraph3

The Guidelines on Combating Sexual Violence and its Consequences in Africa

Primary Documents

Notifications