Interdependence of transitional justice and the effectiveness of social, economic and cultural rights
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https://orcid.org/0000-0002-2178-7653
Abstract
Transitional justice is approached as a model marked by
tension between, on the one hand, responding to serious
human rights violations and, on the other, building a
legitimate social order after prolonged periods of large-scale
violence in contexts with limited institutional capacity to
address such harms. The aim is to analyze and systematize
its dimensions, identify conditions for effectiveness,
and propose operational guidelines that integrate its
components, in order to contribute to the construction of a
theory of transitional justice that explicitly encompasses
social, economic, and cultural rights. The study adopts
an approach that combines a critical review of literature
and legal frameworks, a comparative analysis of historical
trajectories, the organization of conceptual axes, and an
operational perspective based on metrics and indicators.
Among the main findings, it shows that effectiveness
depends on the actual interdependence of the four core
pillars of the transitional justice model: access to justice,
truth, reparation, and non-repetition. The substantive
incorporation of social, economic, and cultural rights is
a condition for preventing recurrence; it requires clearly
sequenced implementation over time, meaningful victim
participation, inter-institutional coordination, and
periodic evaluation with verifiable targets. Implementing
the transitional justice model demands translating
principles into measurable instruments aimed at
restoring civic trust and at linking justice, memory, and
institutional reforms to address the legacies of human
rights violations. It is concluded that an integral, flexible
implementation, subject to standards, governance, and
monitoring, is consistent with the purpose of transitional
justice and fosters sustainable peace.
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