If governments fail to apply due diligence in responding adequately to or in structurally preventing human rights violations, they are legally and morally responsible. Indeed, preventive measures are crucial in preempting similar violations of rights in the future. The right to cessation of wrongful conduct. Reparation shall be proportionate to the severity of the violations and the resulting harm. Restitution requires, inter alia, restoration of liberty, citizenship or residence, employment or property.
Accountability is a foundational principle of reparation.
Impunity is a direct repudiation of this principle. Indeed, creating immunity for those responsible is not only highly unsatisfactory for the victims, but it also makes it virtually impossible to obtain reparation since it reduces and limits all kinds of rights and responsibilities. The legal system, especially in civil, administrative and procedural matters, must be adapted so as to ensure that the right to reparation is readily accessible, not unreasonably impaired and takes into account the potential vulnerability of the victims. Every state or governing authority shall make readily available all evidence in its possession concerning human rights violations. Administrative or judicial tribunals responsible for affording reparations should take into account that records or other tangible evidence may be limited or unavailable.