Chapter

Remedies

Fionnuala Ní Aoláin, Dina Francesca Haynes and Naomi Cahn

in On the Frontlines

Published in print November 2011 | ISBN: 9780195396645
Published online January 2012 | e-ISBN: 9780199918416 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780195396645.003.0008
Remedies

Show Summary Details

Preview

This chapter examines a range of legal and quasi-legal remedies in post-conflict societies offering alternative or parallel mechanisms to retributive justice processes. It starts with a focus on truth commissions and truth recovery processes and then moves to discuss reparations, lustration, and other mechanisms that facilitate redressing harms experienced during conflict. Section one addresses truth processes, examining a range of issues, including the gendered dimensions of truth processes, the ways in which women are substantially disadvantaged or excluded, and the manner by which a gendered analysis could be conceptualized and implemented. Section two turns to reparations, addressing their organic link to truth processes and exploring the ways in which such repairs can function to compound rather than undo inequalities. Section three gives attention to lustration as a means to address institutionally systematic human rights violations, exposing the ways in which it has generally operated without reference or reflection on gendered harms.

Keywords: legal remedies; post-conflict societies; redistributive justice; truth processes; truth recovery; reparations; lustration; human rights violations

Chapter.  9947 words. 

Subjects: Human Rights and Immigration

Full text: subscription required

How to subscribe Recommend to my Librarian

Buy this work at Oxford University Press »

Users without a subscription are not able to see the full content. Please, subscribe or login to access all content.