Abstract

ZUNIGA-REYES, MARCELA. Guarantees of non-repetition and legislative reforms: Causes of the lack of pronouncement and denial of reparations in the jurisprudence of the Inter-American Court of Human Rights from the case of Case of the Five Pensioners vs. Peru. Rev. Derecho Estado [online]. 2020, n.46, pp.25-55. ISSN 0122-9893.  https://doi.org/10.18601/01229893.n46.02.

The guarantees of non-repetition have been an important step forward for victims of human rights violations in the region, especially those related to reforms to domestic legislation, given that their main objective is to generate structural changes in a State. This paper presents a jurisprudential study on the behavior of the IHR Court in response to the request for this type of reparations, based on the case Five Pensioners vs. Peru, a case that marks the beginning of one of the most important regulatory changes before the Inter-American system linked to the greater participation of victims in the process before the IACHR and the Inter-American Court.

In this context, a theoretical framework is provided on this type of reparations and its main difficulties of implementation within the States, to then make known the results of the jurisprudential analysis giving an account of the argumentative line of the Inter-American Court and the reasons that has established to deny this type of repairs.

Keywords : Reparations; Guarantees of non-repetition; International Responsibility; Human Rights; Reform of the law; Inter-American Human Rights System.

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