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Reparation (legal)

In jurisprudence, reparation is replenishment of a previously inflicted loss by the criminal to the victim. Monetary restitution is a common form of reparation.

In the 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, reparation include the following forms: restitution, compensation, rehabilitation, satisfaction and guarantees of non-repetition, whereby

  • Satisfaction should include, where applicable, any or all of the following: ..
    • (e) Public apology, including acknowledgement of the facts and acceptance of responsibility;
    • (g) Commemorations and tributes to the victims;
    • (h) Inclusion of an accurate account of the violations that occurred in international human rights law and international humanitarian law training and in educational material at all levels.
  • 23. Guarantees of non-repetition should include
    • (e) Providing, on a priority and continued basis, human rights and international humanitarian law education to all sectors of society and training for law enforcement officials as well as military and security forces;


History

The principle of reparation dates back to the lex talionis of Hebrew Scripture. Anglo-Saxon courts in England before the Norman conquest also contained this principle. Under the English legal system judges must consider making a compensation order as part of the sentence for a crime. Section 130 of the Powers of Criminal Courts (Sentencing) Act 2000 requires the courts to explain their reasoning if they do not issue a compensation order.[1]

See also

Notes and references

  1. ^ Martin, Jacqueline (2005). The English Legal System (4th ed.), p. 178. London: Hodder Arnold. ISBN 0-340-89991-3.