THE INTER-AMERICAN COURT OF HUMAN RIGHTS AS A SOURCE OF DISTRIBUTIVE JUSTICE? THE CONCEPT OF TRANSFORMATIVE SOCIAL REPARATION FOR INDIGENOUS PEOPLES AND ITS IUS-PHILOSOPHICAL IMPLICATIONS

Abstract

This article offers a multidimensional approach to the gestation process of a legal concept typical of the Latin American sphere: Transformative Social Reparation. The paper presents the results of a four-year investigation that sought to define the contributions of the Latin American socio-legal culture in claiming the social, economic, cultural, and environmental rights of groups and peoples. After a jurisprudential, historical-anthropological analysis and the application of techniques of the ethnographic method such as interviews and participant observation with indigenous communities of Colombia, the research defined the contours of Transformative Social Reparation as a legal innovation of Latin America and promoted by the Inter-American Court of Human Rights. Human rights. The study concludes that Transformative social reparation seeks to overcome the paradigm of returning the victim to the situation prior to the damage, to promote the transformation of the living conditions of the groups that have been victims of human rights violations. Especially in cases that before the crime, the people were already in a situation of vulnerability. For the author, this form of reparation has a redistributive potential that benefits the collective victims of human rights violations and is a clear advance in searching for supranational distributive justice.