Chapter 1 makes clear that the notion of “missing person” is broader than that of “person subjected to enforced disappearance”. The former refers to a person whose whereabouts are unknown to his or her relatives and who has been reported missing in connection with an armed conflict or a situation of internal violence, or in connection with natural catastrophes or lethal accidents. It is stressed that the analysis of the phenomenon and the actions taken by states to tackle it must be victim-centred, that is, focused particularly on the families of missing persons and of victims of enforced disappearance who are subjected to extreme suffering. Women and children are especially affected and states must take appropriate measures to address their situation, considering their special needs. All direct victims and their families have the right to know the truth, to have effective access to justice and to obtain redress. The right to know the truth, which is the core of the issue, has an individual and collective dimension. Society at large is entitled to know about the perpetration of serious human rights violations and about the circumstances and causes that led to them. On the other hand, enforced disappearance is a crime under international law and a violation of multiple human rights. When committed as part of a widespread or systematic attack against any civilian population, it amounts to a crime against humanity. The prohibition of enforced disappearance and the corresponding obligation to investigate and punish those responsible have attained the status of ius cogens, that is, a norm that enjoys a higher rank in international law hierarchy than treaty law and “ordinary” customary rules.

Consejo de Europa. (2016). Missing persons and victims of enforced disappearance in Europe: Issue paper , Council of Europe https://bibliotecacorteidh.winkel.la/missing-persons-and-victims-of-enforced-disappearance-in-europe-issue-paper-consejo-de-europa

Consejo de Europa.Missing persons and victims of enforced disappearance in Europe: Issue paper , Council of Europe .  2016

Consejo de Europa.Missing persons and victims of enforced disappearance in Europe: Issue paper .  Francia :  Council of Europe .  2016