La reparación directa como recurso efectivo y adecuado para la reparación de violaciones de derechos humanos

Abstract

The work, direct reparation as an effective and adequate remedy for the reparation of human rights violations, was developed based on a descriptive methodology and documentary analysis of international human rights treaties of the Universal System for the Protection of Human Rights and the Inter-American System. of Human Rights and judgments of the Inter-American Court of Human Rights, from which the sections related to reparations and the internal jurisdiction remedies contained therein are analyzed, in order to identify the constitutive elements and requirements that must have an internal judicial remedy to be considered effective and adequate to repair human rights violations. A documentary analysis is made, with a qualitative trend, of the judgments delivered by the Inter-American Court of Human Rights against Colombia and the judgments of the Council of State delivered in direct reparation processes in which the extra-contractual liability of the State for violations of human rights based on the new trend adopted since 2007; in order to analyze said judicial pronouncements regarding (I) the concept adopted by the CrIDH regarding direct reparation in each case; (II) the reparations that are imposed by the CrIDH in each case; and (III) the reparations that are imposed by the Council of State. Finally, a propositional legal methodology is used, which will be used to establish recommendations in relation to direct reparation, based on the analysis carried out during the investigation.