Intangible reparation and the art of facing violations of Human Right. Analysis of the Barrios Altos vs. Peru case

Abstract

The investigative task undertaken in this work evaluates by means of doctrinal standards the immaterial reparation issued by the Inter-American Court of Human Rights in the emblematic judgment of the Barrios Altos vs.. Peru case, in order to analyze in the ratio decidendi, if the action of the Inter American Court of Human Rights conforms to a comprehensive vision on symbolic repair. This research is justified based in the way victims appear as secondary actors in the development of works of art as an object of immaterial reparation; therefore, the way in which they are the main subjects is sought, considering their intervention relevant when establishing the form and substance of the artistic manifestations as the object of their repair. As a methodology, a case study is applied, which allows through the analysis of the sentence set forth, to formulate broad and general proposals regarding symbolic reparation. As a result, art is interconnected with the law and immaterial reparation is proposed that respects the experiences and claims of victims of violations of human rights. The conclusions indicate the shortcomings of the Inter-American Court of Human Rights when applying doctrinal standards that allow immaterial reparation based on dialectic between judicial decision, victims, artists and the state, with the purpose of raising awareness and directing a reparation reality transformer.