¿Por qué un derecho a la memoria?
This article distinguishes Right to Memory from Law of Memory. The last corresponds to a set of norms and policies that, mainly in societies settling a democratic form of government and implementing human rights, reply to previous human rights abuses while the first is conceived as the recognition o...
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| Main Author: | |
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| Format: | Article |
| Language: | Spanish |
| Published: |
Universidad Externado de Colombia
2014
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| Subjects: | |
| Online Access: | http://dialnet.unirioja.es/servlet/oaiart?codigo=4765448 |
| Source: | Revista Derecho del Estado, ISSN 0122-9893, Nº. 32, 2014, pags. 145-156 |
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| Summary: |
This article distinguishes Right to Memory from Law of Memory. The last
corresponds to a set of norms and policies that, mainly in societies settling
a democratic form of government and implementing human rights, reply to
previous human rights abuses while the first is conceived as the recognition
of victims� subjective rights to obtain a judicial reparation in the new legalpolitical
order for the violations of human rights they suffered, and a condemnation
for persecutors. He argues that if there are many good reasons prima
facie to support a Right to Memory, its recognition could on the other hand
give birth to political difficulties, weakening the democratic transition itself.
In a transitional justice perspective, we should stress that such a subjective
right should not be granted in any case, and that its recognition should be
balanced with the purpose of the efficacious establishment of a democratic
order, grounded on Human Rights. |
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