Keywords
judical aspects
repair
redress
How to Cite
Abstract
The article presents a general approach to resolve the tension between reinsertion and reparation, under international and domestic satndards in the context of the colombian internal conflict and under Law 975 of 2005. The manuscript has as purpose to demostrate the following assertions: Firs: that the current reinsertion process partially does not protect victims; Second: That redress and indemnification can get rid of the state, but the state cannot be not released from indemnification and redress; Third: that the legal discourse regarding torts originated either in private persons or in the state applies to
reinsertion processe, but modulated and amplified; and in turn, the discourse of reonsertion questions, exceeds and demands the updating of contentions jurisprudence regarding state liability. To base those assertions the article analyses the sources regilating reparation: perties (who the vistim is and who shall be liable); the nature of the action (either civil or contentious); rights of victims of truth, justice and reparation; scope of reparation (restitution, indemnification, rehabilitation, satisfaction and guarantee of repetition); damages that may be claimed; and the right of society to collective reparaction.
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