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Part IV The Right to Reparation/Guarantees of Non-Recurrence, B Guarantees of Non-Recurrence of Violations, Principle 35 General Principles

Alexander Mayer-Rieckh, Roger Duthie

From: The United Nations Principles to Combat Impunity: A Commentary

Edited By: Frank Haldemann, Thomas Unger

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 16 July 2024

Human rights

Principle 35 deals with guarantees of non-recurrence of human rights violations, along with some general principles and objectives. It outlines ‘institutional reforms and other measures’ as the means of achieving prevention through their contribution to the rule of law, respect for human rights, and public trust in government institutions. It also highlights the importance of adequate representation of women and minority groups as well as broad public consultation in the process. Four ‘objectives’ are listed in Principle 35: the first repeats the notion of the rule of law and the next three refer to specific measures that are among those included in Principles 36–38. This chapter first provides a contextual and historical background on Principle 35 before discussing its theoretical framework and practice. It concludes with a critical assessment of the notion of guarantees of non-recurrence itself.

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