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Article

Spanish

ID: <

oai:doaj.org/article:9e8a3b5588044a51b6c580905572f95d

>

·

DOI: <

10.32719/26312484.2020.33.7

>

Where these data come from
Intangible redress and art against human rights violations. Analysis of the case of Barrios Altos vs Peru

Abstract

La investigative work undertaken in this work evaluates the non-material reparation made by the Inter-American Court of Human Rights in the landmark ruling in Barrios Altos vs Peru using academic standards, in order to analyse in the ratio decidendi whether the action of the Inter-American Court of Human Rights is consistent with a comprehensive view of symbolic redress. This work is justified by the way in which victims appear as secondary actors in the execution of works of art as an intangible object of reparation. The aim is therefore to ensure that the victims are involved in the work, considering their involvement to be relevant when establishing the form and substance of artistic events as the object of their reparation. As a methodology, the case study itself allows for broad and general proposals for symbolic redress through the analysis of the above judgment. As a result, art is interconnected with the right and an intangible remedy is proposed that respects the experiences, experiences and claims of victims of human rights violations. The Opinion draws attention to the shortcomings of the Inter-American Court of Human Rights when applying doctrine standards that allow for non-material redress based on a dialectic between judicial decision, victims, artists and the state, with the aim of promoting awareness and bringing about transformative reparation of reality.

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