Evidential flexibility and fairness: Proposals for post-conflict justice
The Inter-American Court of Human Rights, following guidelines of ius cogens and soft law in relation with the victim’s rights, has created rules of probative flexibilization to guarantee the effective jurisdictional tutelage to the victims of serious human rights violations. Thanks to this scenario...
| Main Authors: | , , , |
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| Format: | Article |
| Language: | Spanish |
| Published: |
Universidad Santo Tomás
2019-01-01
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| Series: | Via Inveniendi Et Iudicandi |
| Subjects: | |
| Online Access: | https://revistas.usantotomas.edu.co/index.php/viei/article/view/4910 |
| Summary: | The Inter-American Court of Human Rights, following guidelines of ius cogens and soft law in relation with the victim’s rights, has created rules of probative flexibilization to guarantee the effective jurisdictional tutelage to the victims of serious human rights violations. Thanks to this scenario, in Colombia, due of the legal-procedural design that has been created in virtue of the armed conflict, practices used in the ISHR have been insufficiently adopted in terms of probative flexibilization and the use of equity. The tools provided conforming to IHRL and IHL, when it will be adopted in a more comprehensive way, will provide more guarantees for victims, and will be a great practical and hermeneutical assistance to the damage judge to base their decisions for integral reparation incidents and direct reparation processes when they were related with serious violations of human rights. |
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| ISSN: | 1909-0528 1909-0528 |