INTERNATIONAL JOURNAL OF NOVEL RESEARCH AND DEVELOPMENT International Peer Reviewed & Refereed Journals, Open Access Journal ISSN Approved Journal No: 2456-4184 | Impact factor: 8.76 | ESTD Year: 2016
Scholarly open access journals, Peer-reviewed, and Refereed Journals, Impact factor 8.76 (Calculate by google scholar and Semantic Scholar | AI-Powered Research Tool) , Multidisciplinary, Monthly, Indexing in all major database & Metadata, Citation Generator, Digital Object Identifier(DOI)
The right to compensation is a recognized legal right in international instruments and national laws. Compensation is a legal principle that holds the party responsible for causing harm accountable for the damages incurred. This research adopts an analytical-descriptive approach using library studies. The aim of the research is to address the following questions: What is the position of Afghan laws and international human rights law regarding compensation for harm resulting from human rights violations? What are the remedies for the enforcement of human rights violations in Afghan laws, and what methods exist for compensating such damages in international law and Afghan laws? The research findings demonstrate that compensation is generally accepted as a fundamental legal principle in international law and Afghan laws, and this applies to harm resulting from human rights violations. Respect for human rights and the preservation of human dignity are emphasized in international law and Afghan laws, and various methods such as restitution, monetary payment, and obtaining the consent of the victim are available for compensating damages in international law. In Afghan domestic law, methods such as specific performance, substitute performance determined by the judge, and agreement between the parties are recognized. Moreover, Afghan law provides enforcement guarantees for violators of human rights, including penalties such as imprisonment, fines, and execution.
Keywords:
Compensation; Domestic laws; Human rights; International instruments.
Cite Article:
"Compensation and Remedies for Human Rights Violations in International Instruments and Afghan Laws"", International Journal of Novel Research and Development (www.ijnrd.org), ISSN:2456-4184, Vol.9, Issue 3, page no.e24-e31, March-2024, Available :http://www.ijnrd.org/papers/IJNRD2403404.pdf
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ISSN:
2456-4184 | IMPACT FACTOR: 8.76 Calculated By Google Scholar| ESTD YEAR: 2016
An International Scholarly Open Access Journal, Peer-Reviewed, Refereed Journal Impact Factor 8.76 Calculate by Google Scholar and Semantic Scholar | AI-Powered Research Tool, Multidisciplinary, Monthly, Multilanguage Journal Indexing in All Major Database & Metadata, Citation Generator
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