Abstract

RIOS TOVAR, LUCERO. Victims' reparation: Its confinement inside the Transitional Justice framework. Rev. Derecho Estado [online]. 2020, n.47, pp.255-285.  Epub Jan 28, 2021. ISSN 0122-9893.  https://doi.org/10.18601/01229893.n47.08.

This paper presents the findings obtained during the review of the victim reparation category, studied in different areas of knowledge. The achieved result evidences the confinement of this category, inside the referents of conceptual elaboration and by the contexts of application of Transitional Justice. Therefore, some controversies arise, both theoretically and practically, which revolve around the situations in which the damage occurred, the quality of the victim and the circumstances in which the repair is required. As an alternative, it presents a strategy that articulates the categories of victim and right to reparation, based on the International Human Rights Law and on the Inter-American Court of Human Rights work. Consequently, the understanding of reparation as a human right is proposed, whose progressive development promotes its expansion in non-transitional scenarios.

Keywords : Transitional Justice; Victim; Human Rights; International Human Rights Law; International responsibility.

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