Tuesday, 20 February 2018

Rehabilitation

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Rehabilitation as a Right to Torture Victims

Rehabilitation as a right

 The right to rehabilitation is embodied in Article 14 of the Convention against Torture (“CAT”). Reparation, compensation and redress are also part of Article 14: 

 Article 14 stipulates: 

1. Each State Party shall ensure in its legal system that the victim of an act of torture obtains redress and

has an enforceable right to fair and adequate compensation including the means for as full rehabilitation as possible. In the event of the death of the victim as a result of an act of torture, his dependents shall be entitled to compensation.

2. Nothing in this article shall affect any right of the victim or other person to compensation which may exist under national law.

It is clear from the wording of Article 14(1) that rehabilitation is a crucial aspect of a victim’s remedy for torture.

 Support for and confirmation of this right are found in the UN’s 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 (the “UN Basic Principles”) 1. Adopted by General Assembly, Resolution 60/147,on 16 December 2005.

This document indicates that rehabilitation is a distinct component of the wider right to reparation for survivors of abuses).
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