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URLLinks
Until today, no specific human right not to be subjected to enforced disappearance has been recognized, although this human rights violation has occurred systematically for almost 30 years. It is generally considered as a multiple human rights violation.
The international community has only recently taken steps to develop further standards, which would explicitly prohibit the practice of "disappearances" and deal with both the victims and the perpetrators. In 1992 the UN Commission on HR adopted a Declaration on the Protection of All Persons from Enforced Disappearances. In the context of standard setting, reference should also be made to the efforts made by the OAS to draft a convention against disappearances: Inter-American Convention on the Forced Disappearances of Persons.
It has proved very difficult to produce a definition of "disappearances" which encompasses all the elements of this crime. We could just list the different rights that are violated however in view of the legal consequences of the crime it is necessary to have a at least a working definition.
'disappearances', are a special criminal phenomenon, which distinguishes itself, through its complex particularities, from other human rights crimes. In defining the nature of this crime a lot of difficulties arise (for the crime is committed in different phases) and that explains - partly - why in fact there is no coherent definition that embraces all the elements.
Different perspectives need to be taken into account in order to make a clear distinction with other similar situations as for instance an unacknowledged detention. The time element is of paramount importance; whereas a secret detention, lasting for a couple of hours cannot be regarded as 'disappearance', the unacknowledged detention of a person during a couple of weeks is clearly something else. It is very hard to draw the border; the time factor remains elusive.
Enforced
disappearances
Introduction