Examples of using Joinet guidelines in English and their translations into Arabic
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The Joinet Guidelines do not contain a similar pronouncement.
This second interpretation goesquite a bit further than the language in the Joinet Guidelines.
The Joinet Guidelines offer more extensive treatment of the issue of non-repetition.
The respective scope of the Declaration, the Joinet Guidelines and the van Boven Guidelines 59 15.
Joinet Guidelines, principles 48 to 50. B. The elements of reparation for victims: comparison of the.
The Declaration of Basic Principles of Justice and the van Boven and Joinet Guidelines show consistency on a number of procedural issues.
The Joinet Guidelines call for notification of the family of the disappeared person and the return of the body in case of death.
The allocation of responsibility for making reparations to victimsis approached differently in the van Boven and Joinet Guidelines and in the Declaration of Basic Principles of Justice.
The Joinet Guidelines take a different approach, even though many of the above principles are present in other sections.
Specifically, the van Boven Guidelines call for a“return to one ' s place of residence”, van Boven Guidelines, principle 12. whereas the Joinet Guidelines refer to a“return to one ' s country”.
In addition, the Joinet Guidelines invoke the right to reparation only in the event of a violation of human rights law.
Thus, the documents are initially distinguishable since the Joinet and van Boven Guidelines focus mainly on violations of human rights and international humanitarian law. van Boven Guidelines, principle 1; Joinet Guidelines, principle 1(note that the Joinet Guidelines only discuss violations of human rights).
The Joinet Guidelines, however, never state the law that is to be applied to define the violations that give rise to a right to reparation.
In addition,the van Boven Guidelines call for a restoration of liberty, while the Joinet Guidelines call for a restoration of the exercise of personal freedoms. van Boven Guidelines, principle 12; Joinet Guidelines, principle 40.
The Joinet Guidelines contain a section on general or collective measures of reparation that is separate from the section on guarantees of non- repetition.
The van Boven Guidelines focus exclusively on the issue of reparation for victims, while the Joinet Guidelines discuss the topic as an important component of a larger set of principles designed to combat impunity.
The van Boven and Joinet Guidelines take varying approaches to enunciating the right to reparation and the corresponding duties of the State.
The Joinet Guidelines state that there will be no statute of limitations for the recovery of damages in civil actions brought by victims seeking reparation.
Within that separate section the Joinet Guidelines outline several symbolic measures to be taken as moral and collective reparation and to satisfy the duty to remember.
In contrast, the Joinet Guidelines urge that provision for universal jurisdiction be included in all international human rights treaties or instruments dealing with serious crimes.
One special measure of reparation in the Joinet Guidelines not present in the van Boven Guidelines concerns cases of forced disappearance. Joinet Guidelines, principle 43; Joinet Guidelines(revised), principle 36.
The Joinet Guidelines seem to be mandating a certain level of compensation(equal to the damage), while the van Boven Guidelines merely require that some amount of compensation be provided, which may or may not be equal to the damage.
This leads to the conclusion that either the Joinet Guidelines do not differentiate between violations of human rights law and international humanitarian law, or those guidelines do not contemplate a remedy for violations of international humanitarian law.
In contrast, the Joinet Guidelines state that:“Any human rights violation gives rise to a right to reparation on the part of the victim or his beneficiaries, implying duty on the part of the State to make reparation and the possibility of seeking redress from the perpetrator”.
Thus, most of the differences noted above between the van Boven and Joinet Guidelines with respect to the elements of reparation were eliminated in the revised Joinet Guidelines because the revised Joinet Guidelines define by incorporation the van Boven Guidelines definitions of“restitution”,“compensation”,“rehabilitation”, and“general measures of satisfaction”.
The van Boven and Joinet Guidelines are in agreement with respect to the vital elements of victim reparation: restitution, compensation, rehabilitation and guarantees of non-repetition. van Boven Guidelines, principle 7; Joinet Guidelines.
Additionally, the Joinet Guidelines state that the compensation“must equal the financially assessable value of all damage suffered”. Joinet Guidelines.
Specifically, the Joinet Guidelines focus extensively on:(i) the disbandment of paramilitary groups; Joinet Guidelines, principle 46.(ii) the repeal of emergency legislation; Joinet Guidelines, principle 47. and(iii) administrative procedures vis- à- vis State officials implicated in serious human rights violations.
In contrast, the Joinet Guidelines provide more specific instructions as to the notification process, calling, for" the widest possible publicity" both within and outside the country, including through the use of consular services, particularly in countries where large numbers of victims have been forced into exile. Joinet Guidelines.
It follows from the above analytical comparison of the van Boven and Joinet Guidelines, and taking into account the Declaration of Basic Principles of Justice and the Statute of the International Criminal Court, as well as the views of Governments which submitted comments, that a number of important matters in the guidelines remain to be clarified or resolved before a revised version can be prepared in accordance with Commission on Human Rights resolution 1998/43.