Reparación transformadora y enfoque transformador para la protección de los derechos humanos de las víctimas del conflicto armado

Abstract

In contrast to the theory of integral reparation, different and better ways of repairing the victims of serious human rights violations have arisen in the world, one of them is transformative reparation. Based on this new idea of reparation, it is considered that due to the uniqueness of the Colombian conflict, it is necessary the adoption by the State of the transformative approach in its public policies and the application of a transformative reparation in transitional justice. This type of reparation and approach, in essence, seek the elimination of the conditions that were produced by the victimization, granting new capabilities to the victims of human rights violations, with the purpose that they can be resilient, as well as enjoy better conditions of life to those who previously had the violation of their rights, and with this also seeks to optimize the democratic and institutional systems of nations. The development of a better level of protection of human rights that ranges from comprehensive reparation to the adoption of a transformative form of it demonstrates the importance of sharing experiences between States when repairing victims. It also shows the importance of creating new theories at an internal and international level, in which formal sources are applied, and practical sources of international law are called, allowing the internal order to adopt transformative measures aimed at suppressing the vestiges produced by the violations generated by armed conflict.