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Remedies in International Human Rights Law$
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Dinah Shelton

Print publication date: 2006

Print ISBN-13: 9780199207534

Published to Oxford Scholarship Online: January 2010

DOI: 10.1093/acprof:oso/9780199207534.001.0001

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Reparations for Historical Injustices

Reparations for Historical Injustices

Chapter:
(p.428) 14 Reparations for Historical Injustices
Source:
Remedies in International Human Rights Law
Author(s):

DINAH SHELTON

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199207534.003.0015

Like modern mass violations of human rights, historical injustices are generally seen as targeting entire groups, either disfavoured minorities or foreign populations. While the barriers to reparations are significant, historical events are the subject of a growing number of legal and/or political claims by groups seeking redress. The proliferation of such demands may represent a global tribute to the strength of human rights doctrine and its moral claim on the international community or the fact that success induces emulation. The notion of reparations is close to the current idea of restorative justice as a potentially transformative social action. Legislatures may be better suited to determine reparations: they are not bound by precedent and legal doctrine, but can fashion equitable remedies. Remedies thus become part of a healing process that may avoid the creation of future historical injustices.

Keywords:   reparations, historical injustices, remedies, human rights, human rights violations, claims

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