Respecting Human Rights to Ensure Effective Transitional Justice: The Right to Victims' Compensation as a Model

Abstract

This research paper explores the critical role of respecting human rights as a fundamental pillar for ensuring the success of transitional justice processes, with a specific focus on the right to compensation for victims. The study addresses a central problem: the extent to which human rights standards contribute to effective transitions and the legal framework governing reparations. Employing an analytical-foundational methodology, the author examines international legal references and domestic frameworks to define the intersection between human rights—rooted in dignity and equality—and transitional justice mechanisms. The research highlights that while transitional justice seeks to address past violations through judicial and non-judicial measures, its legitimacy depends heavily on its adherence to human rights principles. On a practical level, the paper analyzes the right to redress in its substantive and procedural dimensions, encompassing material compensation, rehabilitation, satisfaction, and guarantees of non-repetition. It further underscores the significance of truth commissions in uncovering violations and acknowledging victims as a pathway toward social reconciliation. The study concludes that respecting human rights is a prerequisite for the viability of transitional justice. However, it acknowledges significant challenges posed by the scale of past abuses and the fragility of institutional frameworks during transitional periods. Finally, the paper advocates for clear reform strategies, the reinforcement of the rule of law, and intensified national and international cooperation to prevent future violations and ensure sustainable peace.