Análisis del daño psicológico desde la perspectiva psicosocial en tres casos fallados por la corte interamericana de derechos humanos CIDH

Abstract

The internal armed conflict in Colombia, with more than 50 years, has involved different actors over time: the State, the guerrillas, paramilitary groups, emerging gangs, drug trafficking, among others. The common denominator in the midst of conflict: The civilian population converted into a victim, as an existential witness to actions and individual, family and social consequences. All in the middle of the expansion through the Colombian territory of the different illegal armed groups and criminal organizations, sowing terror and violence in daily life, with great impact in rural areas and their marginalized populations, which has coincided with scarce presence of the Colombian State. The damage is the result of the previous context in the civilian population, detriment and prejudice in the individual and collective from its different spheres: biological, psychological, social, spiritual among others; within the framework of the violation of Rights. This marks the investigative interest in carrying out an analysis of the psychological damage from the psychosocial perspective in three cases ruled by the Inter-American Court of Human Rights; cases that exemplify the violation of rights in the Armed Conflict in Colombia; and that open the possibility of performing an analysis of the damage from a psychosocial component. In the international framework of human rights, Colombia has been the protagonist for the violation of the same and by 2018 the State has been judged on 22 occasions by the Inter-American Court of Human Rights (hereinafter, the Inter-American Court of Human Rights). The victims of the armed conflict, over time have been recognized as subjects of rights for which they have acceded to international instances to defend their rights; especially when they consider that the Colombian State has not guaranteed their rights, as a fundamental duty. In this sense, the present investigation presents the review of three sentences for violation of Human Rights and psychosocial reparation in those cases, which the Court has issued against the Colombian State: 19 merchants (case of enforced disappearance), the massacre of Santo Domingo (case of forced displacement) and Valle Jaramillo et al. case (case of homicide and simple kidnapping). The methodology used is a documentary investigation through the analysis of different texts that allowed the conceptualization and contextualization of the psychological damage as the same analysis of psychosocial reparation and psychosocial accompaniment in the sentences treated.