TOPIC 1 Flashcards
(10 cards)
WHAT IS TRANSITIONAL JUSTICE? DEFINITION
-temporary proccess -non special form of justice
It is a response to the systematic violations of human rights. It is a temporary process that each country decides when to apply the measures of transitional justice, usually after a period of violations of human rights.
WHICH ARE THE GOALS OF TRANSITIONAL JUSTICE?
By correcting the past abusesof human rights, it seeks to promote reconciliation, peace, and democracy. At the same time, by moving the society into a new peaceful situation. By negotiationg, legitimacing and shaping new powers.
IS TJ A SPECIAL FORM OF JUSTICE?
NO!
IT IS NOT A SPECIAL FORM OF JUSTICE. it is a temporary and optional proccess, that, by implementing different measures of TJ, aims to move towards a more democratic society, as long as the state wants to. Due to this fact, it is adapted to each society and situation, after a period of hr violations.
WHEN DO TJ NEED TO BE APPLIED?
After a period of human rights violations, or armed conflict, In some cases, it is applied right away, however, in other cases, it happens after decades.
MECHANISM OF TRANSITIONAL JUSTICE (4)
1º TRUTH COMMISSIONS
2ºJUSTICE
3ºREPARATIONS PROGRAMS
4ºGUARANTEES OF NON-REPETITION
DEFINITION OF TRUTH COMMISIONS
- official state bodies.
- non-judicial system
- Official state bodies whose goal is to investigate and report about past human rights violations. (which are often denied).
- It also aims to make recommendations to prevent that it happens again.
DEFINITION OF JUSTICE
It is a transitional justice measure. Composed by a judicial state body. AIM: prosecute those who have been responsible for those human rights violations. Both suspects and offenders.
DEFINITION OF REPARATIONS.
State sponsored initiatives which seek to repair material and moral damages for past abuses. There are mainly 2 types: symbolic and material reparations.
DEFINITION OF GUARANTEES OF NON REPETITION
Measure of TJ. Whose aim is to do whatever is posible to prevent any human right violations after a period of violations or authoritarian government.
WHICH ARE THE CONSEQUENCES THAT TJ EXPECTS AFTER THE APPLICATION OF THEIR MEASURES?
It aims to repair the trust for the institutions in a country and rebuild the dignity in persons. By putting efforts in
- gender justice
- memorializations efforts
- security system reform.