Derecho de acceso a la justicia y reparación directa : caducidad, seguridad jurídica y derecho a la reparación de víctimas de graves violaciones de Derechos Humanos y Derecho Internacional Humanitario

Abstract

The means of control of "direct reparation" is one of the procedural means through which the victims of serious human rights violations can satisfy their rights of access to justice as a matter of international law (Arts 8 and 25 ACHR), particularly the right to reparation. Access to this judicial remedy has several limits set by law, including the expiration rule. This monograph asks whether the expiration rule, as it has been interpreted by the Colombian Council of State, is consistent with the international obligations of the State to guarantee access to an effective judicial remedy that, inter alia, allows obtaining full reparation for the damage derived from the serious violations of international human rights law committed by the State.