Abstract

UPRIMNY-YEPES, Rodrigo  and  GUZMAN-RODRIGUEZ, Diana Esther. IN SEARCH OF A TRANSFORMATIVE AND PARTICIPATORY CONCEPT OF REPARATIONS IN THE CONTEXT OF TRANSITIONAL JUSTICE. Int. Law: Rev. Colomb. Derecho Int. [online]. 2010, n.17, pp.232-286. ISSN 1692-8156.

This article aims to help overcome some of the limitations of the prevailing transitional justice approach. On one hand, the article seeks to address the tensions between distributive and corrective justice in the reparations of massive human rights violations through the idea of "transformative reparations". The objective is to take the ideal of whole compensation seriously, while taking into account the characteristics of transitional contexts, especially in societies with such profound inequalities and widespread poverty, which imply strong tensions between corrective and distributive justice. On the other hand, the article attempts to overcome the risks that arise from failing to acknowledge the victims' voices. To achieve this, this paper proposes reclaiming the "bottom-up" transitional justice approaches that seek to enhance the victims' perspectives in particular contexts and according to the awful realities resulting from atrocious human rights violations. Accordingly, the proposed thesis is that transitional justice should be sensitive to the requirements of distributive justice and the participation of the victimized communities.

Keywords : Transitional Justice; Full Compensation; Transformative Justice; Victims; Distributive Justice; Participation; Transitional Justice; Full Compensation; Transformative Justice; Victims; Distributive Justice; Participation.

        · abstract in Spanish     · text in Spanish     · Spanish ( pdf )