Abstract

MILLARD, Eric. Why a right to memory?. Rev. Derecho Estado [online]. 2014, n.32, pp.145-156. ISSN 0122-9893.

This article distinguishes Right to Memory from Law of Memory. The last corresponds to a set of norms and policies that, mainly in societies settling a democratic form of government and implementing human rights, reply to previous human rights abuses while the first is conceived as the recognition of victims' subjective rights to obtain a judicial reparation in the new legal-political order for the violations of human rights they suffered, and a condemnation for persecutors. He argues that if there are many good reasons prima facie to support a Right to Memory, its recognition could on the other hand give birth to political difficulties, weakening the democratic transition itself. In a transitional justice perspective, we should stress that such a subjective right should not be granted in any case, and taht its recognition should be balanced with the purpose of the efficacious establishment of a democratic ordrer, grounded on Human Rights.

Keywords : Human rights; political theory of democracy; transitional justice; memory and truth.

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