고문 생존자를 위한 효과적 구제의 규범적 진화

Abstract

The right to effective remedy begins in Article 8 of the Universal Declaration of Human Rights, and is defined in major international human rights treaties that impose legal obligations on each state party to realize it. The treaties ensure an effective remedy against violations of various human rights available. Therefore, victims have the opportunities for restoring injury arising from human rights violations. Although the general principle of effective remedies was well established from the early formation of the international human rights law, the term “reparation” itself was not universally and generally established, and compensation was a dominant form in providing a remedy. There was no awareness of rehabilitation as a form of reparation. As a result, there was a limit in providing an effective relief appropriate to the characteristics of the injury suffered by torture survivors. The international courts and other human rights mechanisms have primarily approached torture victims remedy by calculating damages suffered by victims into pecuniary compensations.. Newly adopted treaties have specified rehabilitation as a form of reparation to be provided, and affected the interpretation and application of existing treaties on victims redress. Also, non-binding normative documents adopted by UN General Assembly and human rights treaty monitoring bodies have contributed to the elaboration of principles and guidelines on an effective remedy, in particular various forms and contents of reparation including rehabilitation. Such normative evolution has increased the possibility of adequate and effective remedies for full recovery from injuries. The normative evolution in victim relief has evolved to accommodate torture survivors. In particular, the normative foundation and contents on the provision of rehabilitation are prepared and presented to torture survivors. Therefore, the principles and guidelines of an effective relief for torture survivors can be incorporated and realized domestically. Rehabilitation as a way of reparation for torture survivors can be provided through indirect means of awarding damages to be compensated and should be realized by institutionalizing and implementing national systems and programs. The legal incorporation is in the judiciary and its realization depends on the legislature and the administration.