Abstract
The article begins by analyzing the origin and evolution of the concept "transitional justice", determining its characteristics, the context in which it was born and developed, as well as the role of the State in this process. Then it focuses attention on analyzing the development of this figure in the jurisprudence of the Inter-American Human Rights System, through the work that the Inter-American Court has been carrying out since its operation, interpreting in a broad way and always pro homini, the American Convention of Human Rights. Throughout its years of operation, it has ruled on the State’s obligation to protect and guarantee human rights and to carry out the pertinent investigations in the event of their violation; as well as the recognition of the status of victims to the victims’ families and their pronouncement of the right to the truth, not as an autonomous human right, but rather as a right of the victims and their next of kin. Undoubtedly, these are aspects that have gone beyond the American Convention.
Highlights
The great internal and/or international conflicts, armed or not, and the dictatorships in various parts of the world have as a consequence led to, on the one hand, great suffering for human beings, and on the other hand, the adoption in many cases of amnesty laws, synonymous with forgetting and abandoning people who have experienced such suffering brought about by the State and, why not say it, by society
Establishment of mechanisms to alleviate the consequences of serious and systematic violations of human rights seen from practice. 2.4
The right of victims to the right to the truth according to the Inter-American Court
Summary
The great internal and/or international conflicts, armed or not, and the dictatorships in various parts of the world have as a consequence led to, on the one hand, great suffering for human beings, and on the other hand, the adoption in many cases of amnesty laws, synonymous with forgetting and abandoning people who have experienced such suffering brought about by the State and, why not say it, by society. The State has the obligation to guarantee the effective enjoyment of human rights, and for this, it must have adequate and honest mechanisms, which, if applicable, carry out pertinent investigations to find those responsible for the violations, prosecute them, with the necessary corresponding guarantees and condemn them This contributes to the fight against impunity and makes the victims trust their protection system and feel the State is on their side. In practice, we note that one of the characteristics of dictatorships or conflicts is the absence of respect for human rights In this context, taking into account the progress and increasing commitment by the international community to the establishment and consolidation of democratic societies, and due to the recognition and respect of human rights, the figure known as “transitional justice” (TJ) of the State arises in the protection of their rights, that is, for the victims. The analysis goes from the general to the specific, to finalize with some conclusions
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