Part I The human rights of women and girls FORMS OF REMEDY FOR VIOLATION OF WOMEN’S HUMAN RIGHTS While the form and extent of remedies required for violations of women’s human rights will depend on the nature and circumstances of the breach, the CEDAW Committee has clarified that reparation should be proportionate to the physical and mental harm undergone and to the gravity of the violations suffered.59 General international law further requires that the form or forms must reflect and advance the obligation on the offending State to, as far as possible, wipe out the consequences of the breach and re-establish the situation that existed prior to its occurrence.60 The Basic Principles and Guidelines on the Right to a Remedy recognize the following forms of remedy:61 Restitution involves material, judicial or other measures aimed at restoring the situation that existed prior to the violation, as far as this is possible. For a workplace violation of women’s rights, for example, this could involve reinstatement to a job or repayment of earnings owed. Compensation is the most common form of remedy and is payable for damage caused by an intentionally wrongful act to the extent that such damage is economically assessable and not made good by restitution. In the case of violations of women’s human rights, an adequate and appropriate remedy could include compensation for physical and psychological harm, lost opportunities, loss of earnings, moral damage and medical, legal or other costs incurred as a result of the violation. Rehabilitation is a victim-centred notion that recognizes the need to ensure that the woman who has suffered violation of her human rights has her status and position “restored” in the eyes of the law, as well as with the wider community. Rehabilitation could include the provision of medical and psychological care and legal and social services. Satisfaction is a remedy for injuries that are not necessarily financially assessable but can be addressed by ensuring that the violations of the victim’s rights are properly acknowledged and addressed. Verification of the facts and full and public disclosure of the truth (to the extent that this will not cause further harm) are examples of remedies aimed at providing satisfaction to the victim. Guarantees of non-repetition may be an important component of the right to a remedy for violations of women’s human rights in situations where women are vulnerable to further harm. 59 60 61 59 See, for example, A.T. v. Hungary, Communication No. 2/2003, views adopted 26 January 2005, para. 9.6 II (vi). 60 Permanent Court of International Justice, Factory at Chorzow (Merits) [1929] PCIJ (Ser. A), No. 17, p. 47. 61 See section IX, especially paras. 19-23. See also A/HRC/14/22. Chapter 2: The international legal framework around women’s and girls’ human rights | 23