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good governance practices for the protection of human rights

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ness <strong>of</strong> <strong>the</strong> <strong>human</strong> <strong>rights</strong> violations under <strong>the</strong> dictatorship. A number <strong>of</strong> events<br />

contributed to this progress, including <strong>the</strong> increase in <strong>the</strong> number <strong>of</strong> court cases<br />

relating to <strong>human</strong> <strong>rights</strong>, <strong>the</strong> search <strong>for</strong> disappeared detainees and <strong>the</strong> discovery<br />

<strong>of</strong> remains, <strong>the</strong> organization and mobilization <strong>of</strong> persons who were detained,<br />

tortured or exiled, and <strong>the</strong> promulgation <strong>of</strong> legislation concerning <strong>of</strong>ficials who<br />

had been removed from <strong>of</strong>fice.<br />

In addition to <strong>of</strong>fering medical care, PRAIS has provided a <strong>for</strong>um <strong>for</strong> people to<br />

ga<strong>the</strong>r and to acknowledge <strong>the</strong>ir common condition as victims <strong>of</strong> State repression.<br />

It has helped beneficiaries to acknowledge <strong>the</strong>ir suffering and enabled <strong>the</strong>m<br />

to face <strong>the</strong> demands <strong>of</strong> <strong>the</strong>ir present lives.<br />

Impact on <strong>human</strong> <strong>rights</strong> and challenges<br />

PRAIS enabled Chile’s medical system to implement <strong>the</strong> right <strong>of</strong> victims <strong>of</strong> repression<br />

to redress, by injecting medical expertise relevant to <strong>the</strong> needs <strong>of</strong> victims in<br />

<strong>the</strong> health-care system and funds allowing <strong>for</strong> free access to health care <strong>for</strong> many<br />

impoverished and underprivileged victims.<br />

The Programme’s impact has been manifold. First, it has delivered valuable mental<br />

as well as physical health services to thousands <strong>of</strong> victims. Second, it has<br />

helped its beneficiaries to create a collective memory and made possible <strong>the</strong><br />

recovery <strong>of</strong> a part <strong>of</strong> history. Third, by specifically addressing <strong>the</strong> needs <strong>of</strong> victims<br />

<strong>of</strong> State repression and violence, it has contributed to <strong>the</strong> recognition <strong>of</strong> <strong>the</strong> victims’<br />

status. This was extremely significant given that this recognition was delayed<br />

owing to <strong>the</strong> lengthy national debate on <strong>the</strong> repression and violence under <strong>the</strong><br />

previous regime which occurred in <strong>the</strong> context <strong>of</strong> <strong>the</strong> transition to democracy.<br />

Fourth, PRAIS and <strong>the</strong> Ministry <strong>of</strong> Health have accumulated extensive expertise<br />

and developed technical standards regarding <strong>the</strong> care <strong>of</strong> persons affected by political<br />

repression, which may be referred to by future providers.<br />

Owing to poor funding, <strong>the</strong> Programme’s key challenge is sustainability. As a<br />

result <strong>of</strong> <strong>the</strong> large increase in <strong>the</strong> number <strong>of</strong> beneficiaries, <strong>the</strong> health-care sector<br />

has come under strain. Fur<strong>the</strong>rmore, <strong>the</strong> Programme faces <strong>the</strong> continuous challenge<br />

<strong>of</strong> providing specialized assistance tailored to <strong>the</strong> needs <strong>of</strong> different victims<br />

in a national health-care system that suffers several shortcomings.<br />

Finally, and importantly, PRAIS was challenged <strong>for</strong> several years by <strong>the</strong> lack <strong>of</strong><br />

<strong>of</strong>ficial and public recognition <strong>of</strong> <strong>the</strong> victims by <strong>the</strong> State. This was finally addressed<br />

by <strong>the</strong> publication <strong>of</strong> <strong>the</strong> report <strong>of</strong> <strong>the</strong> National Commission on Political<br />

Imprisonment and Torture in 2004.<br />

D. A bill <strong>of</strong> <strong>rights</strong> to streng<strong>the</strong>n <strong>human</strong> <strong>rights</strong> in legislation<br />

and policy – Australia<br />

Issue<br />

Several Australian federal, territory and State governments have, over <strong>the</strong> years,<br />

debated <strong>the</strong> question <strong>of</strong> a bill <strong>of</strong> <strong>rights</strong>. Supporters <strong>of</strong> such a bill pointed out <strong>the</strong><br />

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