¿Es aplicada la reparación integral por parte de la corte interamericana de Derechos Humanos a casos colombianos?

Abstract

The Inter-American Court to order the remedies in each case will take into account the factors that caused the violations and the effects they have generated in the past that continue to drive this and what if not addressed, will continue to generate in the future. In this regard, when establishing reparations and the possible extent that they can make, judges make a comprehensive interpretation of the events that caused the violation, pain and its material and immaterial consequences in time. This research identifies the criteria repair that have ordered for the victims in the Colombian cases, for this, a description of the repairs in the Colombian cases was performed and identify the criteria level inter-American system have been implemented in Colombia statements. Addresses the reparations ordered in the Colombian cases, taking into account a historical basis of the evolution of the Court to grant remedies and on the other hand, the context of violations of human rights characterized in cases that have come at the request of the Court. The obligation to make full reparation to victims for violation of human rights to the State should have an equal or superior to conventional obligations to respect, protect and adapt those rights importance, since, evolutionary interpretation of international law It implies that the obligation to make full reparation under the standards of protection of human rights, is an aspect to be incorporated into the laws and material application of the regulations giving effect to it. Now, applied to Colombian cases it has been found that the criterion of repair equipment damage should be calculated based on elements of certain evidence, without prejudice to the foregoing, it has been noticed equity in cases of massacres or other, due to the complexity to determine the material damage, this in order to safeguard the rights of victims and their families.