Rights of Families of Disappeared Persons, 26: How International Bodies Address the Needs of Families of Disappeared Persons in Europe

This book explores how international judicial and non-judicial bodies in Europe address the needs of families of forcibly disappeared persons, such as returning remains, seeking truth, accepting responsibility, and obtaining compensation. It analyzes the judgments and decisions of various bodies, demonstrating the varying degrees to which they respond to these needs based on their competences and jurisprudence. While no international instrument fully satisfies these needs, families in Europe have access to various judicial and quasi-judicial means to seek justice and closure.

Format: Hardback
Length: 218 pages
Publication date: 21 June 2021
Publisher: Intersentia Ltd

This book delves into the intricate dynamics of how international judicial and non-judicial bodies in Europe cater to the pressing needs of families affected by enforced disappearances. These families endure a profound anguish as they seek to reclaim the remains of their loved ones, seek the truth about their disappearances, hold states accountable for their actions, and secure fair compensation for the immense loss they have endured. Recognizing the fundamental and universal nature of these needs, the book identifies four core requirements that resonate with the majority of families in this distressing situation: the return of remains, the right to truth, the acceptance of responsibility by states, and the right to compensation. These needs encapsulate the core aspirations of families who have endured years of uncertainty and suffering, as they struggle to come to terms with the loss of a loved one presumed dead.

The landscape of international mechanisms available to families of disappeared persons has witnessed a remarkable expansion in recent years. This proliferation of avenues provides victims of enforced disappearance in Europe with access to a diverse range of international procedures, offering them a chance to seek justice and closure. However, it is crucial to conduct a functional analysis of the specific organs involved to understand their varying degrees of responsiveness to the needs of these families. The differences in their competences and jurisprudence play a significant role in shaping the outcomes of their interventions.

While no single international instrument or mechanism can fully satisfy the four core needs of families of disappeared persons, Europe does provide a framework for these families to pursue their rights and seek remedies. The European Court of Human Rights (ECHR) has played a pivotal role in shaping the legal landscape, delivering landmark judgments and decisions that have provided guidance and support to families seeking justice. The UN Human Rights Committee (UNHRC) has also been instrumental in addressing the issue of enforced disappearances, conducting regular reviews and issuing recommendations to states to improve their human rights records.

In addition to these international bodies, regional and national mechanisms have emerged to address the specific needs of families in different parts of Europe. These include national human rights institutions, truth commissions, and specialized courts and tribunals dedicated to addressing enforced disappearances. By leveraging the expertise and resources of these various bodies, families can work towards achieving their goals and obtaining the closure they desperately seek.

However, the effectiveness of these mechanisms depends on the willingness and cooperation of states to implement the judgments and decisions rendered by these bodies. States must demonstrate their commitment to the principles of human rights and the rule of law by actively engaging in the process of investigating and prosecuting those responsible for enforced disappearances. They must also provide adequate support and resources to families affected by enforced disappearances, including access to legal representation, psychological counseling, and financial compensation.

In conclusion, the needs of families of disappeared persons are profound and multifaceted. International judicial and non-judicial bodies in Europe have played a crucial role in addressing these needs, providing a range of mechanisms for families to seek justice and closure. However, the effectiveness of these mechanisms depends on the commitment and cooperation of states to uphold their human rights obligations and ensure the protection and well-being of all individuals. It is essential to continue to advocate for the rights of families of disappeared persons and work towards a world where enforced disappearances are no longer a reality.

Weight: 604g
Dimension: 176 x 252 x 21 (mm)
ISBN-13: 9781839701375