[e9aa3] ~R.e.a.d* Collective Reparations: Tensions and Dilemmas between Collective Reparations with the Individual Right to Receive Reparations - Diana Odier Contreras-Garduno ~ePub*
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Collective reparations tensions and dilemmas between collective reparations and the individual right to receive reparations.
In response to group or collective harm, international and regional human rights mechanisms have consistently awarded measures of collective reparation,119.
Collective reparations tensions and dilemmas between collective reparations with the individual right to receive reparations.
22 in its introduction, adequate reparation to victims has created renewed political tensions that.
Deciding who qualifies for reparations 16 identified areas of tension and opportunity in to collective reparations.
If there is a compelling scenario where physic wounds and broken spirits exist, it is within the collective experience of slavery and racism in america.
In international criminal law, collective reparations to victims of crime is an urgent issue for which there are no straight-forward rules. Diana odier-contreiras garduño, who teaches human rights law at university college utrecht since 2014, looked at the theory and practice of such collective reparations in her phd thesis.
However, the emerging use of collective reparations faces important challenges in an avenue based on an individual-perpetrator logic. Here, i identify current difficulties in the early practice of collective reparations in international criminal justice.
Should have flexibility to make individual or collective awards, depending on the desires and needs of the particular victims in a given case.
Law 1448 incorporated both individual and collective forms as well as mate- rial and symbolic forms of redress.
The united states government launched its reparations program to african americans in autumn of 1969. Originally known as “the philadelphia plan,” the program set quotas for black employment.
Although international human rights law establishes the individual right to receive reparations, collective reparations have been considered a common response from judicial and non-judicial bodies to reparations for victims of gross violations of human rights.
Pursuing collective reparations will at the same time leave individuals with a sense of dissatisfaction in the short term, and will not sustain processes of national reconciliation. A decision has to be made in a context of growing tensions in the drc, which will surely add another layer of complexity to this dilemma.
Collective reparation awards may also help promote reconciliation within divided communities. This broad mandate allows the icc and the tfv to identify and implement the most appropriate forms of reparation in light of the context of each respective case, taking into account the views of victims and their legal representatives as well as their.
Started executing a narrow definition of the collective reparations program, and only in the last weeks before president humala took office, did the economic.
The possibility of collective awards is thus envisaged, but it is not clear “where” the court might deem it appropriate to order such reparations. One argument is that collective reparations will make sense for practical reasons because the court or even the tfv cannot possibly delve into the minute details of a multitude of individual.
Collective violence, their remedial nature has come into conflict with political discourses tensions between such purposes.
Reparations are measures intended as far as possible to acknowledge and remedy victims’ harm by a responsible actor. The icc and other international criminal law bodies (in cambodia and in senegal) have allowed victims to claim reparations against a convicted person, but few victims have so far benefited from such measures, since a conviction is needed before they can claim reparations.
With testimony from 21,000 victims, the 2,000 public hearings and 7,112 amnesty applications made it difficult to cling to denialism because a collective narrative of a racist past began to emerge.
Jul 9, 2016 individual and collective reparations in remedying international crime: can they be effective? author: aaron murchan.
Reparations and the consolidation of peace requires some basic conditions of development of the regions historically abandoned, as well as of providing voice to the population targeted to get their feedback on how those policies are implemented. The collective reparations program implemented in morocco offer an interesting example.
Collective reparations for slavery must discard due process and the presumption of innocence as step one in a process that will surely make racial tensions in modern america worse, not better.
Collective reparations: tensions and dilemmas between collective reparations with the individual right to receive reparations (84) (human rights research series) [odier contreras-garduno, diana] on amazon.
Mar 8, 2021 the chamber issued an order for collective reparations with individualised components against mr ntaganda, to be made through the trust.
Despite these criticisms, icl has incorporated a mechanism to address this collective dimension, at least on the side of the victims: collective reparations. However, the emerging use of collective reparations faces important challenges in an avenue based on an individual-perpetrator logic.
Physical injuries and post-traumatic stress disorder, rehabilitation is a victims. 117 the concept of collective reparations is the reasoning behind it; more.
Lubanga principles that collective reparations should not be awarded to avoid community tensions and divisions is too deferent to community cohesion, disregarding victims agency and right to reparation. In effect, it means that reparations will not be ordered if is perceived that one community or group will benefit over the other.
Since collective reparations aim to redress groups and communities through the implementation of a wide range of social and symbolic programmes rather than the individual harm suffered by each victim, this research examines the extent to which collective reparations are compatible to the fundamental individual right to receive reparations.
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