Litigation

Intervention in motion for legal protection on the issue of reparation to victims of forced displacement.Julio 23 of 2010

Defendant: : La Agencia Presidencial para la Acción Social y la Cooperación Internacional – Acción Social

Dejusticia intervenes at the request of the Court to present a concept in relation to the notion of the right to reparation, it's scope, the access roads to this right, the remedy sought by writ of protection, the scope of Colombian legislation on forced displacement and integral reparation, among others. Our general approach supports the idea that in contexts such as the one of forced displacement in Colombia, it is a binding obligation of the State to adopt measures that guarantee the fundamental right to reparation for the victims of forced displacement. The fulfillment of this obligation must take into account that a significant number of victims were excluded and discriminated before the occurrence of these violations. Therefore, reparation measures should be designed to satisfy rights so as not to return victims to their previous conditions of exclusion, but instead allow them access to full citizenship. This is in turn a necessary condition for building a democratic state and society that will lay the groundwork for a national reconciliation process. At the same time, to the extent that the violations have been committed systematically and therefore have produced millions of victims entitled to the right to reparation, the measures taken by the State must involve different routes of claiming (legal and administrative) and different complementary measures (restitution, satisfaction, rehabilitation). These pathways and steps must be articulated in a national policy to ensure consistency both between measures of reparation and other measures of rights satisfaction of victims.

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