Restorative justice and the interamerican system of human rights

Abstract

This paper studies the frame of the restorative justice and friendly solutions applicable within the inter-American human rights system. First of all, the guidelines of punitive models are shown to provide an overview of punishment and its effectiveness. Likewise, researchers present the victim’s treatment at the local context, who sometimes achieves an agreement with the offender, a situation that can happen in the same way when the violation of their fundamental rights caused by a State. In this context, it is shown how the implementation of restorative justice allows the return of the conflict to the people involved in it and with it the stronger satisfaction of their rights (fast, effective, and easy). This practice is less technical than the one required by the local and interAmerican legal systems.