Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims | Overview & VST Edition

The Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law (hereinafter “the Basic Principles”), adopted by the UN General Assembly in 2005, is an international legal instrument of profound importance. It not only reaffirms the right of victims to a remedy and reparation but also further elaborates on the substance of these rights, providing crucial guidance for states in addressing such violations. Notably, this document consolidates contemporary international forms of the right to a remedy and reparation and outlines five forms of reparation: restitution, compensation, rehabilitation, satisfaction, and guarantees of non-repetition. It thus establishes a significant milestone for the protection of victims’ rights and provides a concrete and feasible path for states to implement them.

It is particularly noteworthy that although Taiwan undertook a significant amendment of its Crime Victim Rights Protection Act in 2023, there remains considerable room for improvement in the concrete implementation of victims’ rights to a remedy and reparation. Specifically, of the five forms of reparation proposed in the Basic Principles, only some have been partially incorporated into our legal system, and the relevant provisions are not yet comprehensive enough. For example, provisions concerning “restitution” are scattered and lack systematic regulation; while the concept of “rehabilitation” is gaining attention, concrete measures and implementation mechanisms are still underdeveloped; and the legal provisions for “satisfaction” and “guarantees of non-repetition” are almost entirely absent in our country’s laws. Therefore, the Basic Principles hold not only academic value but also immense practical significance. It can serve as a vital reference for future legal amendments in Taiwan and promote the reform and enhancement of related systems. This is the greatest motivation that drove me to undertake this translation project.

This translation is based primarily on the official English version from the United Nations, with reference to the terminology used in Taiwan’s current relevant laws, particularly the provisions of the Crime Victim Rights Protection Act. In the translation process, I have striven to accurately convey the meaning of the original text and, as much as possible, to use vocabulary common within Taiwan’s legal community to ensure both accuracy and readability. For certain terms that do not yet have a clear corresponding concept in Taiwan’s legal system, I have cautiously selected appropriate translations based on the original meaning and local legal practice, maintaining consistency throughout the text.

The translation of these Basic Principles is not merely an academic exercise but also an act of rights advocacy. It is my hope that through this translation, more people will recognize the importance of a victim’s right to a remedy and reparation. I also hope this effort may serve to encourage a wider discussion, eventually prompting the relevant authorities to propose a formal, official version to facilitate related work in our country. This translation represents my personal interpretation and does not reflect the position of any institution with which I am affiliated. As errors and omissions are inevitable, I sincerely welcome corrections and guidance from experts and peers to make this translation more complete.

I-Min Hsiao
February 5, 2025