Resumen de Voices across the Inter-American Human Rights System on reparations of economic, social and cultural rights in transitions: interpreting needs and demanding rights
There is a growing body of literature on economic, social and cultural rights (ESC rights) in transitional justice processes. However, there is a lack of analysis of the impact of victims' oral and written submissions regarding ESC rights on the reparations awarded by international human rights jurisdictions. And viceversa, the impact of these reparations on ESC rights-based needs expressed by the victims themselves.
This research examined the economic, social and cultural implications of reparations awarded by the Inter-American Human Rights System (Commission and Court). This was analysed in light of the experiences and needs expressed by survivors and victims themselves in the aftermath of political transitions. To this end, three case studies were conducted, one from Guatemala, one from Peru and the third from Paraguay. As part of the fieldwork, interviews were conducted with the victims declared by the Court in the cases. Furthermore, interviews were conducted with the legal representatives of the victims, legal experts from the Commission and the Court (current and former), as well as judges (current and former) involved in the proceedings. The analysis was supported by an on-site review of the physical files for each case located at the Court premises. The impact of local sociopolitical contexts and the criteria adopted by the Commission and the Court in their Merits Reports and jurisprudence, respectively, were given specific consideration.
The research argues that the periphery of ESC rights in reparations within contexts of political transition is closely linked to issues of gender, poverty and cultural identity. Furthermore, the involvement of survivors and victims in the international legal process does not necessarily result in comprehensive attention to these issues. In light of the above, this research provides guidelines on the impact of economic, social and cultural rights in contexts of post-conflict transitions, and the role of victims and survivors in this regard. Furthermore, it provides an analysis of how legalistic approaches to interpreting and transforming complex local realities and needs can be better aligned with the specific circumstances on the ground.
