Abstract

CEPEDA RODRIGUEZ, Emerson  and  PEREZ NINO, Walter Fernando. Social Rights and Transitional Justice: International Experiences and the Colombian Case. Rev. mex. cienc. polít. soc [online]. 2019, vol.64, n.235, pp.77-107. ISSN 0185-1918.  https://doi.org/10.22201/fcpys.2448492xe.2019.235.64051.

Overcome an armed conflict must not only be accompanied by a process of abandonment of arms and prosecution for perpetrators of crimes, but also involves identifying and correcting the structural causes of the violence. Thus, the objective of this article is to analyze the inclusion of economic, social and cultural rights (ESCR) in transitional justice. The hypothesis developed is that, although the difficulties to thoroughly endorse the ESCR, transitional justice, as a disputed political scenario, can allow the construction of historical memory around the ignorance of social rights, to judge these violations and adopt public policies. In order to give an answer, the article elaborates on the relationship between social inequality and the Colombian conflict. Subsequently, through the experiences of other countries, the influence of social and redistributive justice on transitional justice is presented. Finally, the case of Colombia is taken up to explain the convergence between legislative and judicial recognition, focusing the study on transitional justice as a scenario that can promote the demands related to the guarantee of ESCR.

Keywords : social rights; armed conflict; transitional justice; international experiences; Colombia.