Desapariciones forzadas y justicia transicional PDF Download

Author: Elisenda Calvet Martínez
Publisher:
ISBN: 9788491697367
Category :
Languages : es
Pages : 389

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Author: Roldan Jimeno
Publisher: Routledge
ISBN: 1351608614
Category : Law
Languages : en
Pages : 310

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In a consolidated democracy, amnesties and pardons do not sit well with equality and a separation of powers; however, these measures have proved useful in extreme circumstances, such as transitions from dictatorships to democracies, as has occurred in Greece, Portugal and Spain. Focusing on Spain, this book analyses the country's transition, from the antecedents from 1936 up to the present, within a comparative European context. The amnesties granted in Greece, Portugal and Spain saw the release of political prisoners, but in Spain amnesty was also granted to those responsible for the grave violations of human rights which had been committed for 40 years. The first two decades of the democracy saw copious normative measures that sought to equate the rights of all those who had benefitted from the amnesty and who had suffered or had been damaged by the civil war. But, beyond the material benefits that accompanied it, this amnesty led to a sort of wilful amnesia which forbade questioning the legacy of Francoism. In this respect, Spain offers a useful lesson insofar as support for a blanket amnesty – rather than the use of other solutions within a transitional justice framework, such as purges, mechanisms to bring the dictatorship to trial for crimes against humanity, or truth commissions – can be traced to a relative weakness of democracy, and a society characterised by the fear of a return to political violence. This lesson, moreover, is framed here against the background of the evolution of amnesties throughout the twentieth century, and in the context of international law. Crucially, then, this analysis of what is now a global reference point for comparative studies of amnesties, provides new insights into the complex relationship between democracy and the varying mechanisms of transitional justice.

Author: Gerhard Werle
Publisher: Springer Nature
ISBN: 3662651513
Category : Law
Languages : en
Pages : 160

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The expression “transitional justice” emerged at the end of the Cold War, during the transition from dictatorships to democracies, and serves as a central concept in dealing with systemic injustice. This textbook examines the basic principles of transitional justice and explores its core mechanisms, including prosecutions, amnesties, truth commissions, reparations, and vetting the public service. It elaborates the substance and legal framework of these mechanisms and discusses current challenges. The book provides extensive material illustrating a wide variety of transitional justice situations. “This book summarizes the subjects of transitional justice and Vergangenheitsbewältigung systematically and clearly” (Joachim Gauck, German Federal President, 2012-2017).

Author: Silvana Mandolessi
Publisher: Routledge
ISBN: 1000539474
Category : Political Science
Languages : en
Pages : 217

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This volume presents an interdisciplinary analysis of the practice of disappearances in Mexico, from the period of the so-called ‘dirty war’ to the current crisis of disappearances associated with the country’s ‘war on drugs’, during which more than 80,000 people have disappeared. The volume brings together contributions by distinguished scholars from Mexico, Argentina and Europe, who focus their chapters on four broad axes of enquiry. In Part I, chapters examine the phenomenon of disappearances in its historical and present-day forms, and the struggles for memory around the disappeared in Mexico with reference to Argentina. Part II addresses the political dimensions of disappearances, focusing on the specificities that this practice acquires in the context of the counterinsurgency struggle of the 1970s and the so-called ‘war on drugs’. The third section situates the issue within the framework of human rights law by examining the conceptual and legal aspects of disappearances. The final chapters explore the social movement of the relatives of the disappeared, showing how their search for disappeared loved ones involves bodily and affective experiences as well as knowledge production. The volume thus aims to further our understanding of the crisis of disappearances in Mexico without, however, losing sight of the historic origins of the phenomenon.

Author: Silvia Dutrénit-Bielous
Publisher: Routledge
ISBN: 0429631952
Category : Political Science
Languages : en
Pages : 223

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This book charts the development of forensic anthropology teams in Latin America and surveys their main characteristics, achievements, and challenges in light of a recent past fraught with state repression and violence. The volume contains contributions by an interdisciplinary group of scholars from several Latin American universities, with chapters on Argentina, Chile, Uruguay, Peru, Guatemala, and Mexico. These countries’ shared legacy is a host of human rights violations that continue to have an impact on present day society. Following the move towards democracy and a public demand for truth and justice, the volume highlights the role of forensic anthropology teams and their contribution as a source of information for the historical narrative, as a legal asset in enforcing the right to truth, and in achieving reparation for victims. This collection will be of interest to scholars from Anthropology, Latin American Studies, Politics, and History.

Author: Inter-American Commission on Human Rights
Publisher: BRILL
ISBN: 9004530592
Category : Law
Languages : en
Pages : 768

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Author: Inter-American Commission on Human Rights
Publisher: BRILL
ISBN: 9004530398
Category : Law
Languages : en
Pages : 1091

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Author: Morten Bergsmo
Publisher: Torkel Opsahl Academic EPublisher
ISBN: 8293081090
Category : Law
Languages : en
Pages : 460

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Author: Silvana Mandolessi
Publisher: Routledge
ISBN: 9781032196619
Category : Political Science
Languages : en
Pages : 0

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Book Description
This volume presents an interdisciplinary analysis of the practice of disappearances in Mexico, from the period of the so-called 'dirty war' to the current crisis of disappearances associated with the country's 'war on drugs', during which more than 80,000 people have disappeared. The volume brings together contributions by distinguished scholars from Mexico, Argentina and Europe, who focus their chapters on four broad axes of enquiry. In Part I, chapters examine the phenomenon of disappearances in its historical and present-day forms, and the struggles for memory around the disappeared in Mexico with reference to Argentina. Part II addresses the political dimensions of disappearances, focusing on the specificities that this practice acquires in the context of the counterinsurgency struggle of the 1970s and the so-called 'war on drugs'. The third section situates the issue within the framework of human rights law by examining the conceptual and legal aspects of disappearances. The final chapters explore the social movement of the relatives of the disappeared, showing how their search for disappeared loved ones involves bodily and affective experiences as well as knowledge production. The volume thus aims to further our understanding of the crisis of disappearances in Mexico without, however, losing sight of the historic origins of the phenomenon.

Author: Boaventura de Sousa Santos
Publisher: Cambridge University Press
ISBN: 9781139446143
Category : Political Science
Languages : en
Pages : 424

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This book is an unprecedented attempt to analyze the role of the law in the global movement for social justice. Case studies in the book are written by leading scholars from both the global South and the global North, and combine empirical research on the ground with innovative sociolegal theory to shed new light on a wide array of topics. Among the issues examined are the role of law and politics in the World Social Forum; the struggle of the anti-sweatshop movement for the protection of international labour rights; and the challenge to neoliberal globalization and liberal human rights raised by grassroots movements in India and indigenous peoples around the world. These and other cases, the editors argue, signal the emergence of a subaltern cosmopolitan law and politics that calls for new social and legal theories capable of capturing the potential and tensions of counter-hegemonic globalization.