Monetary compensation for survivors of torture: Some lessons from Nepal

Jeevan Raj Sharma; Tobias Kelly

doi:10.1093/jhuman/huy021

Monetary compensation for survivors of torture: Some lessons from Nepal

Jeevan Raj Sharma^*, Tobias Kelly

^*Corresponding author for this work

Research output: Contribution to journal › Article › peer-review

Abstract / Description of output

The Nepali Compensation Relating to Torture Act (1996) is one of the earliest pieces of specific anti-torture legislation adopted in the Global South. Despite a number of important limitations, scores of Nepalis have successfully litigated for monetary compensation under the Act, on a scale relatively rare on the global human rights scene. Using a qualitative case study approach, this article examines the conditions under which survivors of torture are awarded compensation in Nepal, and asks what lessons does this have broader struggles to win monetary compensation for torture survivors? We end by suggesting that there can be practical tensions between providing individual financial compensation and addressing wider issues of accountability.

Original language	English
Pages (from-to)	307–326
Number of pages	20
Journal	Journal of Human Rights Practice
Volume	10
Issue number	2
DOIs	https://doi.org/10.1093/jhuman/huy021
Publication status	Published - 1 Aug 2018

Keywords / Materials (for Non-textual outputs)

torture
compensation
human rights documentation
Nepal

Access to Document

10.1093/jhuman/huy021Licence: Creative Commons: Attribution (CC-BY)

Sharma_Etal_JHRP_2018_MonetaryCompensationSurvivorsTortureFinal published version, 172 KBLicence: Creative Commons: Attribution (CC-BY)

A Comparative Analysis of the Documentation of Torture and Ill-Treatment in Low-Income Countries
Kelly, T. & Sharma, J.
ESRC
1/05/14 → 30/04/17
Project: Research

Jeevan Sharma
- School of Social and Political Science - Personal Chair of South Asia and International Development
- Global Development Academy
- Global Justice Academy
Person: Academic: Research Active

Cite this

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title = "Monetary compensation for survivors of torture: Some lessons from Nepal",

abstract = "The Nepali Compensation Relating to Torture Act (1996) is one of the earliest pieces of specific anti-torture legislation adopted in the Global South. Despite a number of important limitations, scores of Nepalis have successfully litigated for monetary compensation under the Act, on a scale relatively rare on the global human rights scene. Using a qualitative case study approach, this article examines the conditions under which survivors of torture are awarded compensation in Nepal, and asks what lessons does this have broader struggles to win monetary compensation for torture survivors? We end by suggesting that there can be practical tensions between providing individual financial compensation and addressing wider issues of accountability.",

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AB - The Nepali Compensation Relating to Torture Act (1996) is one of the earliest pieces of specific anti-torture legislation adopted in the Global South. Despite a number of important limitations, scores of Nepalis have successfully litigated for monetary compensation under the Act, on a scale relatively rare on the global human rights scene. Using a qualitative case study approach, this article examines the conditions under which survivors of torture are awarded compensation in Nepal, and asks what lessons does this have broader struggles to win monetary compensation for torture survivors? We end by suggesting that there can be practical tensions between providing individual financial compensation and addressing wider issues of accountability.

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Monetary compensation for survivors of torture: Some lessons from Nepal

Abstract / Description of output

Keywords / Materials (for Non-textual outputs)

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A Comparative Analysis of the Documentation of Torture and Ill-Treatment in Low-Income Countries

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Jeevan Sharma

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