Political and Legal Presuppositions for the Comprehensive Repair of Victims of Forced Displacement in Colombia as a Result of the Armed Conflict

• Main Authors: Elber Moreno Hurtado, Wilber Alvarez Sierra
• Format: Article
• Language: Spanish
• Published: Universidad Santo Tomás 2017-08-01
• Series: Via Inveniendi Et Iudicandi
• Subjects: víctimas; desplazamiento forzado; reparación integral; conflicto armado; derechos humanos; Estado; grupos alzados en armas
• Online Access: https://revistas.usantotomas.edu.co/index.php/viei/article/view/3755

In this article, you will found those political and legal issues about the victims reparation in Colombia, based on a transnational justice context, that is currently facing our country. Since 1960, aprox, the armed conflict in Colombia has been developed involving two main subjects, which are represented by the state through its public forces and rulers on one hand, and members of illegal armed groups on the other. Additionally, in this scenario are a few others that are not agree with the ideologies of armed conflict beginnings, which are perhaps, the most affected group: the civil population. Therefore, it is necessary for the protection of the victims of forced displacement, to create political and regulatory mechanisms that seek for the protection of  their rights, on the way they are established by the political constitution statute and the different jurisprudential provisions about it; For this reason, the objective of the research was focused to establish: What are the political and legal aspects to achieve full reparation for the victims of forced displacement due to the armed conflict in Colombia, We proceed to analyze at first, the legal nature that aims to implement full reparation for victims of forced displacement. Having defined the concept of integral reparation, there were analyzed the positions that have been adopted from jurisprudential rulings, the political view, and the main contributions received by international judicial institutes, in order to found a real protection of  their rights, including the participation of the victim population of violent actions  by the armed groups outside the law. This is why, the state's role in victims reparation, goes to increase the efforts to rebuild the social community by adopting effective mechanism, in order to compensate the damage caused by a prolonged period of violence, aims to achieve a real and integral  protection for the victims,  with access to justice and knowledge of the truth about the events occurred. Likewise, it should provide tools for the victims to develop a new life model recover their dignity, overcome traumas of systematic and widespread violence, all in order to reach national reconciliation.