La acción de grupo : mecanismo adecuado y efectivo para reparar graves violaciones a los derechos humanos
TMDA 0004 2010
This thesis shows that the Class Action, established in Article 88 of the Constitution of Colombia and the Law 472 of 1998, is an appropriate and effective mechanism to repair in integrum cases of serious human rights violations v.gr. forced displacement. In a first part presents some international precedents as the International Mass Claims Processes and Anglo Class Actions, which indicate when the action is justified and the conditions that have been established at international level so that collective action can proceed to compensate such violations. Then in the second part, we analyze the main procedural aspects of the class action, such as, the conformation of the group, the adequate representation, the term expiration of the action, notice of demand, publication of the sentence and the estimate of damages, etc. These aspects show that the class action mechanism is substantially and procedurally appropriate to compensate in integrum victims of serious human rights violations. Finally, it establishes that the international standard of repair that is used in the Inter-American System on Human Rights Protection (Restitution, compensation, rehabilitation, satisfaction, guarantees of non repetition and life plan) can be applied appropriately and effectively through the use of class actions.