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Rights of Families of Disappeared Persons, 26 - How International Bodies Address the Needs of Families of Disappeared Persons in Europe (Hardcover)
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Rights of Families of Disappeared Persons, 26 - How International Bodies Address the Needs of Families of Disappeared Persons in Europe (Hardcover)
Series: Transitional Justice, 26
Expected to ship within 12 - 17 working days
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This book examines how international judicial and non-judicial
bodies in Europe address the needs of the families of forcibly
disappeared persons. The needs in question are returning the
remains of disappeared persons; the right to truth; the acceptance
of responsibility by states; and the right to compensation. These
have been identified as the four most commonly shared basic and
fundamental needs of families in which an adult was disappeared
many years previously and is now assumed to be dead, which is
representative of the situation of the vast majority of families of
disappeared persons in Europe. The families of disappeared persons
have an increasing number of international mechanisms through which
they can attempt to address their needs. The proliferation of such
mechanisms gives victims of enforced disappearance in Europe access
to many different international procedures. At the same time,
however, a functional analysis of the specific organs involved has
shown that they respond to the needs of families to varying
degrees. This results from the differences in their competences as
well as those in their jurisprudence. There is no international
instrument or mechanism capable of fully satisfying the four basic
needs of the families of disappeared persons. However, in Europe,
these families do have the possibility to make use of various
judicial and quasi-judicial means and mechanisms which - if the
states involved would properly execute the judgments or cooperate
with the proper bodies - could lead to the return of the remains of
disappeared persons, to obtaining knowledge about their fates, and
to receiving financial compensation. The analysis covers the
judgments and decisions of the European Court of Human Rights, the
UN Human Rights Committee, the International Criminal Tribunal for
the former Yugoslavia, the Human Rights Chamber for Bosnia and
Herzegovina, the Human Rights Advisory Panel in Kosovo, as well as
the activities of the Committee on Missing Persons in Cyprus, the
Special Process on Missing Persons in the Territory of former
Yugoslavia, the UN Committee on Enforced Disappearances and the
International Commission on Missing Persons. In so doing, the book
demonstrates whether, how, and based on what principles these four
needs of the families of disappeared persons can constitute a claim
based on international human rights law.
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