article
General review of the scope of the State's financial liability in forced displacement public policy
Examen general de los alcances de la responsabilidad patrimonial del Estado en la política pública de desplazamiento forzado;
exame geral dos alcances da responsabilidade patrimonial do Estado na política pública de deslocamento forçado
Autor
López-Martínez, Miguel Andrés
Institución
Resumen
New interpretations are required to find appropriate solutions to the issue of forced displacement. From a juridical perspective, it may be analyzed based on a general assessment of the State’s responsibility for failing to provide the services required in terms of policy design and performance, defining failure as the event in which damages are assessed on the possible non-fulfillment of legal duties. However, a review of the policy processes before and after an unconstitutional state of affairs was declared demonstrates the shortcomings of the financial liability institution, which implies that new conceptual means must be found in order to make effective this mechanism for enforcing rights.