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Part IV The Right to Reparation/Guarantees of Non-Recurrence, B Guarantees of Non-Recurrence of Violations, Principle 36 Reform of State Institutions

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 36 deals with institutional reform in the aftermath of human rights violations. It contains measures that focus on state institutions responsible for violations and seek to identify the causes of the violations. The measures aim to reform structures and systems that allowed, facilitated, or promoted violations, and have the potential to act as an enabling condition for other transitional justice mechanisms by weakening or removing institutional sources of opposition. This chapter first provides a contextual and historical background on Principle 36 before discussing its theoretical framework and practice. It also examines the shift in emphasis from purges, to vetting, to broader institutional reform; the influence of historical context in Latin America and Eastern Europe in particular on the articulation of the measures; and the emphasis on the preventive function of the measures.

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