Abstract

This article emphasizes the three main problems of the corruption study from a human rights approach. Therefore, in the first place, it wants to understand the magnitude of the corruption harmful effects in the public administration and the corrupt capture of the State, classifying its different dimensions over the time and its coverage in the society, secondly, it wants to build the relationship of these damages with violation against human rights, and thirdly, it wants to support the State Liability that it brings within the spectrum of subjective liability and specifically, the failure of the service.

Highlights

  • The public administration is endowed with a great number of powers and duties to comply with the guidelines and principles of the State

  • In the first place, it wants to understand the magnitude of the corruption harmful effects in the public administration and the corrupt capture of the State, classifying its different dimensions over the time and its coverage in the society, secondly, it wants to build the relationship of these damages with violation against human rights, and thirdly, it wants to support the State Liability that it brings within the spectrum of subjective liability and the failure of the service

  • In this chapter, I will identify the harms that come from the traditional conception of corruption, and the harms that come from the corrupt capture of the State, in order to analyze whether these harms represent effective violations of human rights

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Summary

INTRODUCTION

In several cases, corruption has transcended to a capture of the structure of states in which its effects permeate the entire society This capture is harmful since, as the rules are permanent in nature, their consequences will be long term and their coverage is incalculable. The survey found that 13% of the subjects surveyed expressed: “distrust in all persons and institutions, a pattern that is accentuated among people of indigenous origin -even more so among women than men and the poorest.” 2 In this way, three different aspects stand out that in my opinion have greater magnitude for the study of this problematic phenomenon. In the following dissertation I will demonstrate how corrupt capture of the State is a multidimensional harm to human rights and what grounds exist within the philosophy of responsibility to hold the State accountable for them.

THE CORRUPT CAPTURE OF THE STATE AS A FAILURE OF PUBLIC ADMINISTRATION
Corruption of the public administration
Corrupt capture of the State and co-opted reconfiguration
CORRUPTION IN VIOLATION OF HUMAN RIGHTS
The classical damages of corruption in public administration: the relative and occasional dimension
Damages resulting from the capture of the State: the generalized and systematic dimension
State capture as a systematic violation of human rights
The causal relationship between corruption and State responsibility
State liability for the acts of its agents or institutions
Findings
CONCLUSIONS
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