Anuario de Derechos Humanos

Presentación

2023-12-15T14:18:54+00:00

A cincuenta años del golpe de Estado: El régimen de la democracia en clave de derechos humanos

2023-07-24T15:33:39+00:00

Comprehensive Reparation: State Responsibility in the legal and jurisprudential context

2023-11-02T12:04:57+00:00

This paper argues the need to move towards a more robust and specific legislation for comprehensive reparation of the damage caused by State agents during the period from 1973 to 1990, in order to provide adequate protection to the victims of human rights violations. To this end, it proposes a broader definition of the concept of victim and expands the list of measures that seek to restore the dignity of individuals. In addition, it advocates the deployment of public policies of comprehensive reparation for victims, direct or indirect, through inter-institutional coordination that incorporates international and national law. Finally, it advises the exercise of memory and justice in order not to repeat the atrocities of the past.

Reparation policies for peasants and rural workers «exonerados de la tierra» in Chile

2023-10-05T12:38:46+00:00

This article analyzes the reparations policy for peasants and rural workers «exonerated» from agrarian reform lands (1964-1973), their incorporation into the category of politically exonerated persons in Law 19.234 (1993), and its subsequent modifications. The policies implemented in Chile after the 1973 coup by the military government to dismantle the agrarian reform process progressively excluded various groups of peasants and rural workers from the land expropriated by Eduardo Frei Montalva (1964-70) and Salvador Allende Gossens (1970-73) governments. A series of decree laws and the repeal in 1989 of Law 16,640 resulted in thousands of peasants or rural workers losing land, employment, and housing. The policies undertaken in the name of national reconciliation after 1990 and the historical practices of Chilean governments regarding policies (presidential decrees and leyes de gracia intended to «reconcile» conflicting groups after internal political conflicts from the early nineteenth century and throughout the twentieth century) allow us to better understand the measures applied to the ex-land reform beneficiaries, who were incorporated into Law 19.234 by defining them as «politically exonerated» persons eligible for reparation for political repression under the military government.

The memorial as a counterpoint to the monument

2023-10-19T11:59:16+00:00

Awareness of violence as the driving force of history has come to transform artistic practices. Among these transformations, sculpture has put its disciplinary foundation in crisis, which is the monument and the commemorative will. And not only as an intradisciplinary reflection, restricted to the world of the arts, but also in response to recent social movements that have given good account of a distancing from the monument as an Enlightenment device whose object is the materialization of an official history. Thus, the memorial is constituted as a path that contrasts with the classic monument, establishing a way of building a different link not only with history, incorporating the stories of the brutality with which human rights have been violated, but also with the community, which has expressed the need for representation of those absent bodies, massacred and disappeared due to political violence.

Memory as a pillar of Transitional Justice and Human Rights

2023-10-12T12:19:04+00:00

In Transitional Justice and human rights studies, one of the issues that have emerged with greater force in recent decades have been the study of memory associated to the events that constitute serious violations of human rights and humanitarian law. This study seeks to answer the question of how memory be understood as one of the pillars of transitional justice, which coexists along with truth, justice, reparation and guarantee of non-repetition. Thus, is studied the evolution of the topic of memory in international human rights law, its limits, mechanisms and instruments that configured it, and its current threats (denialism and hate speech).

The legislative proposal of the Unidad Popular on full rights for married women

2023-10-02T14:00:26+00:00

The original version of the Civil Code, in force since 1855, discriminated against married women. By the mere fact of marriage, they were considered relatively incapable, subjugated under the authority of their husbands, and limited in the exercise of their civil rights. The government program of the Popular Unity proposed the eradication of this discrimination. In this article, an analysis is made of the components of the bill «Modification of the provisions of the Civil Code relating to the legal capacity of married women», which was supported by the government of President Salvador Allende, and vigorously promoted in Congress with the objective of conferring full legal capacity to married women. However, this bill was never enacted due to the abrupt democratic interruption that took place because of the coup d’état and the subsequent establishment of the civil-military dictatorship. In this context and considering that the regime of conjugal partnership in marriage maintains discrimination, the scope and proposals of the Popular Unity project are examined in the light of the evolution of the legal status of married women from the promulgation of the Civil Code to the present.

Editorial

2023-12-15T13:48:33+00:00

Problemas de justicia transicional a cincuenta años del golpe de Estado

2023-12-15T13:52:00+00:00

La generación de violencia unilateral aniquiladora durante dictadura en Chile

2023-12-15T13:58:16+00:00

Crecer en dictadura: Perspectiva del horror de los niños y adolescentes

2023-12-15T14:01:24+00:00

A cincuenta años del golpe cívico-militar en Chile: Reflexiones desde la cultura con Diamela Eltit

2023-12-15T14:05:00+00:00