In jurisprudence, reparation is replenishment of a previously inflicted loss by the criminal to the victim. Monetary restitution is a common form of reparation.
Background
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
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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.
See also
- English unjust enrichment law
- Holocaust reparations
- Legal remedy
- Reparations Agreement between Israel and West Germany
- Reparations for slavery
- Reparations (transitional justice)
- Reparations (website)
- Restitution
- War reparations
References
- Martin, Jacqueline (2005). The English Legal System (4th ed.), p. 178. London: Hodder Arnold. ISBN 0-340-89991-3.
