Análisis de la reparación administrativa a la luz de la jurisprudencia de la Corte Interamericana de Derechos Humanos: Caso El Carmen de Bolívar.

Abstract

The right to reparation for victims of serious violations of international standards has broad development by international organizations responsible for their protection, as well as the right to reparation is a component of transitional justice; these two facets of reparation have wide differences since the one that is given in judicial processes individualises the damage and by virtue of that process establishes complementary measures to the compensation of material and moral damages, as the measures of satisfaction, restitution, rehabilitation and the guarantees of non-repetition; in the second can be satisfied through administrative reparation programs that would depend on the political will of States. However, the Inter-American Court has reiterated that even in contexts of transitional justice, the right to reparation is also governed by the standards of International Human Rights Law. Colombia is in the second situation, and established the reparation measures established in the Law 1448 of 2011, all of which have large differences with the standards established by the Inter-American Court of Human Rights