The right to restitution, compensation and rehabilitation
for victims of grave violations of human rights
and fundamental freedoms


Commission on Human Rights resolution 2002/44


The Commission on Human Rights,

Guided by the Charter of the United Nations, the Universal Declaration of Human Rights, the International Covenants on Human Rights, other relevant human rights instruments and the Vienna Declaration and Programme of Action (A/CONF.157/23),

Reaffirming that, pursuant to internationally proclaimed human rights principles, victims of grave violations of human rights should receive, in appropriate cases, restitution, compensation and rehabilitation,

Reiterating the importance of addressing the question of restitution, compensation and rehabilitation for victims of grave violations of human rights and fundamental freedoms in a systematic and thorough way at the national and international levels,

Recalling its resolutions 1996/35 of 19 April 1996, 1999/33 of 26 April 1999 and 2000/41 of 20 April 2000 and its decision 2001/105 of 23 April 2001,

Recalling the report of the independent expert, Mr. Cherif Bassiouni, appointed by the Commission (E/CN.4/2000/62), and, in particular, the text of the “Basic principles and guidelines on the right to a remedy and reparation for victims of violations of international human rights and humanitarian law”, annexed to his report, and the note by the Secretariat (E/CN.4/2002/70),

Welcoming with satisfaction the positive experience of countries that have established policies and adopted legislation on restitution, compensation and rehabilitation for victims of grave violations of human rights,

1. Calls upon the international community to give due attention to the right to a remedy and, in particular, in appropriate cases, to receive restitution, compensation and rehabilitation, for victims of violations of international human rights law;
2. Requests the Secretary-General to circulate to all Member States and intergovernmental and non-governmental organizations in consultative status with the Economic and Social Council the text of the “Basic principles and guidelines on the right to a remedy and reparation for victims of violations of international human rights and humanitarian law”, annexed to the report of the independent expert, and to request that they send their comments thereon to the Office of the United Nations High Commissioner for Human Rights;

3. Requests the United Nations High Commissioner for Human Rights to hold, with the cooperation of interested Governments, a consultative meeting for all interested Member States, intergovernmental organizations and non-governmental organizations in consultative status with the Economic and Social Council, using available resources, with a view to finalizing the “Basic principles and guidelines on the right to a remedy and reparation for victims of violations of international human rights and humanitarian law” on the basis of the comments submitted;

4. Also requests the High Commissioner for Human Rights to transmit to the Commission at its fifty-ninth session the final outcome of the consultative meeting for its consideration;

5. Decides to continue its consideration of this matter at its fifty-ninth session under the sub-item entitled “Independence of the judiciary, administration of justice, impunity” of the relevant agenda item.



51st meeting
23 April 2002
[Adopted without a vote.
E/2002/23- E/CN.4/2002/200, see chap. XI.]


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