Universal-Womens-accesss-to-justice-Publications-Practitioners-Guide-Series-2016-ENG

V
WOMEN’S ACCESS TO JUSTICE FOR GENDER-BASED VIOLENCE 73
“(c) Provide those who claim to be victims of a human
rights or humanitarian law violation with equal and
effective access to justice… irrespective of who
may ultimately be the bearer of responsibility for
the violation; and
“(d) Provide effective remedies to victims, including
reparation…”. 192
The Principles then contain more detailed rules with respect to
gross human rights violations and serious violations of
international humanitarian law, which will be relevant to many
instances of violence against women.
These Basic Principles require that victims have access to
justice, including through the investigation and prosecution of
perpetrators, and that victims “should be treated with humanity
and respect for their dignity and human rights, and appropriate
measures should be taken to ensure their safety, physical and
psychological well-being and privacy, as well as those of their
families”. 193 The reparation that victims are entitled to include
five elements:
Restitution
‣ Restoring the victim, whenever possible, to their
original situation prior to the violation of their right.
‣ This may include: restoration of liberty, property
and employment, and enjoyment of human rights,
identity, family life and citizenship.
Compensation
‣ Providing for economically assessable damage,
where appropriate.
‣ This must take into consideration physical or mental
harm, lost opportunities material damages and loss
of earnings, moral damage, costs required for legal
or other expert assistance.
192
Ibid, Guideline 3.
193
Ibid, Guideline 10.