Reparación transformadora, enfoque transformador y derecho de las victimas a la reparación

Abstract

The protection of human rights has been strengthening in the international arena as well as in Colombia, giving rise to increasingly frequent discussions on specific issues such as the instrument of reparation as an effective element in the process of rebuilding the lives of people who they have been affected by the armed conflict. In Colombia, in particular, due to the peace process initiated by the Santos government (2010-2018) that sought to end an armed conflict that lasted more than six decades and which resulted in the Final Peace Agreement signed by the Colombian Government. and the FARC (Special Jurisdiction for Peace, 2016), the issue of reparation has acquired great relevance and has been the subject of constant debates and discussions on the part of supporters and opponents alike. When it comes to human rights, the concept of comprehensive reparation considered by classical theory falls short, since the conflicts of victimization are not only pecuniary but also of a social nature. As Henao (1998) mentions, the classic theory of reparation in civil liability focuses on the fact that “the damage must be compensated, only the damage and nothing but the damage” (p. 45), so that compensation does not enrich or impoverish unduly, that is, do not sin by omission or excess. In contrast to this principle, there is a vision that addresses reparation from a much broader perspective and that takes the person as its central axis and not the damage, thus reconsidering the responsibility in terms of the conflict, and the affectation that occurs. to the person as an integral being and as a holistic entity. In line with this last postulate, this research work seeks to delve into the issue of comprehensive reparation as a principle in case of human rights violations and, based on its understanding, consider transformative reparation as an option that is better adjusted to cases of serious human rights violations, going beyond what is proposed in the classical theory that deals with a simple compensation, since in these cases the victimization is also social