Pinheiro Principle 21.1 provides three alternative gateways to compensation in lieu of restitution, and knowing consent is one of them rather than a requirement
Claim ID
CH4-008
Exact or summary claim
Pinheiro Principle 21.1 provides three alternative gateways to compensation in lieu of restitution, and knowing consent is one of them rather than a requirement
Destination
Chapter 4 [TESTED 2 SEPTEMBER 2026 against the current approved versions in draft/approved_manifest.tsv; basis audits/reports/register_hygiene_2026-09-02_basis.md]. THE CHAPTER 7 AND CHAPTER 9 LIMBS ARE STRUCK: 07-people-and-capacity_v13.md returns zero for Pinheiro; 09-endowments-and-exports_v8.md returns zero for Pinheiro, restitution and compensation. Chapter 4 v25 carries the comparison at lines 61 to 69, where the three gateways are quoted from the instrument. M5, banked at MIN-558.
Status
SUPPORTED
Source
SRC-098
Source type
UN handbook rendering the instrument
Published
2007
Accessed
2026-08-17
Measure and scope
Opened and read 17 August 2026 at the compensation passage: compensation 'should only be used when restitution is not factually possible or when the injured party knowingly and voluntarily accepts compensation in lieu of restitution, or when the terms of a negotiated peace settlement or other agreement provide for a combination of restitution and compensation'. Two of the three gateways need nobody's consent.
Known conflict
Chapter 4 stated the disjunction as a condition at v7 to v10 and was corrected at v11 under D-067. Principle 21.2 is not covered by this row and is banked at MIN-317 and MIN-337.
Specialist
Issue 47, SPECIALIST_REVIEW, OPEN
Downstream
Chapter 4 v11 line 67; any later chapter discussing restitution remedies
Action
State all three gateways or state none. Do not convert the disjunction into a condition, and do not present the instrument's requirements as settled legal advice while issue 47 is open.