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Chapter 15: Victims’ Rights and Reparation

Chapter 15: Victims’ Rights and Reparation

pp. 668-717

Authors

, Hamad bin Khalifa University, , School of Oriental and African Studies, University of London
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Extract

This chapter explores the concept of vulnerability, its recognition and use in international human rights law, and the broader debate on the (potential) advantages and downsides of focusing on vulnerable identities to strengthen protection. Following this overview, it examines core categories of vulnerability that are either already reflected in international human rights law, largely in the form of anti-discrimination instruments, or constitute a priority area in recent debates and legal developments. This includes ‘race’, gender and sexual orientation, persons with disabilities, persons living in extreme poverty, age (the rights of children are addressed in a discreet chapter), as well as refugees, migrants and internally displaced persons (IDPs). For each of these categories, the chapter examines core notions, highlights specific concerns, charts relevant legal developments and analyses both advancements made and remaining challenges.

Keywords

  • reparations
  • justification for reparation
  • restitution
  • victimhood
  • effective remedy

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