CEU eTD Collection (2025); Uyttenbroeck, Max: Best Practice or Procedural Obligation? Reassessing Victim Participation in Truth and Reconciliation Commissions under International Human Rights Law

CEU Electronic Theses and Dissertations, 2025
Author Uyttenbroeck, Max
Title Best Practice or Procedural Obligation? Reassessing Victim Participation in Truth and Reconciliation Commissions under International Human Rights Law
Summary This research inquiry explores whether International Human Rights Law (IHRL) imposes procedural obligations on states to guarantee victim participation in truth and reconciliation commissions (TRC). Through a doctrinal analysis with a qualitative interpretative dimension, it investigates how such obligations emerge across the design, implementation, and follow-up phases of TRCs. Particularly, it questions whether meaningful victim participation is a necessary procedural component of the state’s duty to uphold the rights to truth and an effective remedy. The findings of this study provide the strongest indication for the existence of state duties to enable victim participation during the implementation phase of TRCs. In the design and follow-up phases, this study identifies emerging legal expectations and normative developments that increasingly frame participation as a duty. Thus, this paper contributes to the clarification of procedural obligations and advocates for more robust safeguards to facilitate victim engagement in transitional justice processes.
Supervisor Lyer, Kirsten Roberts
Department Legal Studies MA
Full texthttps://www.etd.ceu.edu/2025/uyttenbroeck_max.pdf

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