The Legal Analysis of the Right to Reparation for the Victims of the Human Rights Violations in the European, Inter-American and African Human Rights Protection Systems

摘要

Background/Objectives: The right to reparation is the core element of the human rights protection. The article is aimed to analyze the theory of the rights to reparation and practice of the three existing regional systems of human rights protection in this field. Methods: The article used scientific methodological approach to determine the entire and main aspects and concepts of the research. It also applied the comparative method to analyze core similarities and significant differences between the three regional systems on the right to reparation, the scientific methods of cognition, the method of generalization, system-structural method and also such special methods of science as: legal and technical, historical and forecasting methods. Findings: In the conclusion the authors come to the point that all three systems for the protection of human rights have significant developments in regard to the reparation. Despite of the historical fact that the Inter- American and African mechanisms for human rights protection having established after the European system, obviously, took their lead from the European practice, they developed own approach to the reparation issues that appears even in the procedural matters. Taking into account some different interpretations of the right to reparation and its very specific character, proved by the role of this right in the whole concept of the protection of human rights, the practice of international instruments should be researched in order to understand not only theoretical development but opportunities of practical realization. Application/Improvements: It is useful to study their experience of all human rights protection systems and to accumulate mutual practices and the application of certain measures in the local context.