En la búsqueda de un concepto de víctima de desaparición forzada en los Derechos Humanos : los familiares y la otra cara de los desaparecidos

Abstract

Enforced disappearance is considered a multi offensive violation that affects a huge range of human rights. Due to this, we expose a critical analysis to the traditional theory of identifying the relatives of the missing person with indirect victims of this violation and consider that in enforced disappearance there are two types of victims: the missing person and his family. In this regard, we develop an historical account of the creation of the legal framework of enforced disappearance that give us a light about the way that this international criminal offence was built as well as its stablished standard of victims. We describe the direct damage that the victims have to suffer as a consequence of enforced disappearance and with this we justify their nature of direct victims. Therefore, enforced disappearance is a violation of the international humanitarian laws, whose complexity lies on its conformation between two realities mutually relied on each other: the one of the missing person and the one of his family.