How we defined the family members?
Family members are individuals connected to the missing person by blood or through social family structures. This includes biological children, adopted children, stepchildren, spouses or life partners, parents (including in-laws and adoptive parents), and siblings (whether born to the same parents, different parents, or adopted). In some countries, this definition may vary.

Right of Families to Know the Truth:
Families have the right to know the truth regarding the progress and outcomes of investigations conducted by authorities to determine the fate and whereabouts of their missing relatives and the circumstances of their disappearance. This right is established in Article 24 of the United Nations International Convention for the Protection of All Persons from Enforced Disappearance, among other international documents.

Families have the right to request and receive information on ongoing or concluded investigations and access relevant archives and locations where the missing person might be found. In cases of death, families have the right to obtain a report detailing the circumstances of the disappearance, including the cause and manner of death.

If authorities withhold information about missing persons from their families, families have the right to object. Such withholding of information may constitute cruel and inhuman treatment, violating the prohibition against torture under Article 7 of the International Covenant on Civil and Political Rights (ICCPR). The prohibition against torture is an absolute rule in international law.

Right to Effective Investigations:
Every individual’s right to life, liberty, and security is protected by law. This means that no one should be arbitrarily arrested or detained, nor subjected to enforced disappearance or held in secret detention facilities. The right to life, liberty, and security also requires that the family members of a missing person receive an effective investigation into the fate, whereabouts, and circumstances of their loved one’s disappearance. These rights are enshrined in Articles 6 and 9 of the ICCPR.

Effective investigations must be official, independent, impartial, timely, and capable of establishing the facts and circumstances of each case. They should also hold perpetrators accountable.

You can initiate a formal investigation by notifying the authorities of your relative’s disappearance. However, authorities are obligated to launch an impartial investigation as soon as they become aware of a possible disappearance, especially if the circumstances suggest a threat, regardless of who committed the violations. The same applies when authorities become aware of the locations of hidden graves, secret detention centers, or other places where missing persons might be found.

Investigations must also be transparent, and families have the right to observe or participate in efforts to locate and identify their missing relatives. Specific rules may apply at crime scenes or grave sites, such as restricting family access to protect them from harm and preserve evidence. Investigators must minimize any physical or psychological harm to families and explain any access restrictions appropriately.

Right to Seek and Share Information:
Families have the right to share information with anyone they choose and seek, receive, and impart information, including across borders, and to access and communicate with international agencies. This includes reporting missing relatives and sharing necessary personal information to facilitate the search for the missing person.

Families also have the right to freely associate within and across borders and with international agencies to support and form associations of families of the missing, document information, and share findings.

The exercise of this right comes with responsibilities, such as respecting the privacy rights of others. Sharing personal information about another individual, including a missing family member, could infringe on privacy rights unless the missing person is deemed at risk.

These rights are affirmed in Article 19 of the ICCPR.

Right to Family Life: Both missing persons and their family members have the right to family life and family reunification. This includes maintaining family relationships, communication, visits, and correspondence without forced separation.

Authorities’ failure to allow family contact constitutes a violation of this right and may amount to cruel or degrading treatment. Detainees also have the right to family visits and correspondence, subject to reasonable legal or regulatory conditions. Women often suffer additional intimidation and persecution due to the disappearance of family members.

Children also suffer from the disappearance of parents, which threatens their right to family unity. Losing a parent through disappearance is a severe human rights violation against the child. Children have the right to family relationships without unlawful interference and the right not to be separated from their parents against their will unless it is deemed in the child’s best interest.

These rights are protected under the ICCPR and the International Convention on the Rights of the Child.

Right to Effective Remedies and Compensation:
Families have the right to equal and effective access to justice, prompt and adequate compensation for any harm suffered, and access to relevant information about the violations and available remedies. If you are a family member of a missing person, you have the right to remedies and compensation for the mental, physical, or economic harm caused by your relative’s disappearance.

Remedies and compensation primarily aim to restore the situation to its original state before the disappearance. If this is not possible, remedies may take other forms, such as:

• Financial compensation
• Rehabilitation
• Satisfaction (acknowledgment of violations, apologies, and measures to prevent recurrence)
• Guarantees of non-repetition

Advocating for effective remedies and compensation is one of the greatest challenges for families of the missing. Collective action through family associations and support from specialized organizations can strengthen efforts to gain official recognition and implementation of these rights.

Right to Privacy:
The right to privacy includes the freedom to control the personal information shared with others.

Any personal information provided about a missing relative must only be used with the family member’s free and informed consent.

Informed consent requires understanding:

• Who will receive the information
• For what purposes the information will be used
• How the information will be managed and protected

As a family member of a missing person, you must always be able to:

• Control personal information related to you and your missing relative
• Access, update, modify, or withdraw this information as needed
• Ensure that personal data, including family relationships, is only accessible to those who genuinely need it for the stated purposes
• Ensure the deletion of personal data once it is no longer needed, such as after the missing person is found

Sensitive personal information, such as medical records or DNA samples, must be accompanied by written consent detailing the above conditions. The right to privacy is a fundamental human right recognized in Article 12 of the Universal Declaration of Human Rights, supporting human dignity, autonomy, and freedom.

Right to Equality and Non-Discrimination: The principles of equality and non-discrimination apply to all rights and freedoms. All individuals are entitled to fundamental rights without unfair discrimination, regardless of:

• Political or other opinions
• Association with a national minority
• Birth, age, gender, sexual orientation, gender identity, or marital status
• Religion or belief
• Race, color, language, ethnicity, class, or national or social origin
• Physical or mental disability or health status

This principle applies to the right to seek information on the fate and circumstances of a missing relative without discrimination based on political affiliation or other personal characteristics. It also applies to the right to form associations and advocate for the rights of the missing without discrimination based on the identity or status of the missing person or their family.

When large numbers of people go missing due to armed conflict, organized crime, or disasters, ensuring equality can be challenging. International cooperation can help reduce inequality by supporting affected individuals and marginalized communities.

These principles are enshrined in the Universal Declaration of Human Rights and the ICCPR.

Source: International Commission on Missing Persons