La caducidad de la acción de reparación directa en los casos de desaparición forzada

Abstract

According to international law, human rights are imprescriptible, that is, their claim, protection and defense are not subject to peremptory terms or deadlines, since their effective guarantee can be demanded at all times. Consequently, the judicial claim for serious violations of rights, among which, forced disappearance appears, is not subject to expiration terms, this due to the needs of a context of war, systematic violence and high conflict. and above all to the need to preserve the stability and legal security of the Rule of Law, an issue that absolutely depends on respect for fundamental and human rights. Regarding direct reparations, the Council of State has stipulated more lax expiration terms, however, the nature of a crime against humanity and the serious violation of human rights that these types of actions take - disappearance seems not to be taken into consideration. forced-. Therefore, it is suggestive to problematize the issue at the request of clarifying aspects such as the relativization of judicial terms in these cases.