Since the creation of this blog in 2010, its counter of visualizations doesn't work and the same is happening with my YouTube channel since its creation in 2020. For no reason, I'm being harmed in so many ways and for so long. Why can I not have a YouTube channel and blog with their counter of visualizations working like everyone else? However, all the world is demanding justice and equality. The Brazilian institutions including from the government must do more to increase political inclusion, justice and reinforce human rights. The world is demanding a fairer, inclusive and better Brazil, because they know about our huge potential and their demand must be heard for all. If you want to know my channel here is the link https://www.youtube.com/@lucianofietto4773/videos. This post is a summary of the report with the incomplete title above, published at https://scholar.valpo.edu/cgi/viewcontent.cgi?article=1004&context=twls
Through a combined legal and social analysis, this paper reflects on one of the root concepts of reparation. As reparation occurs in response to victimization, this paper concentrates on the notion of victim. The notion of victim will be explored from a socio-political perspective and from an international legal perspective. By way of conclusion, these two approaches will be interwoven in order to consider a more compreensive definition of victim. "Victim is often used in every day life but also in science. The word victim is used in almost every possible context to designate anyone who suffers a negative outcome or any kind of loss, harm, injury, whether the harm is material, physical or psychological. There are victims of crime, war, accident, diseases, poverty, injustice, oppression, discrimination, natural diasters, etc. An individual's identity consists of many spheres or systems, for example, physical, inter-personal, familiar, social, religious, ethnic, cultural, material, economic and political. Ideally the individual should simultaneously have free access and be able to move freely within all these dimensions. Once the individual is described in this way, victimisation causes a rupture and a state of being stuck or frozen in this free flow. From this follows that an individual whose balance between the different identity dimensions is disturbed or broken could be called a victim. An important aspect of this approach is to look at the individual as an integrated system of many different dimensions. Victim means persons who, individually or collectively, have suffered harm, including physical or mental injury, emotional suffering, economic loss or substantial impairment of their fundamental rights, through acts or omissions that are in violation of criminal laws operative within Member states, including those laws proscribing criminal abuse of power. "A person may be considered a victim, regardless of whether the perpetrator is identified, apprehended, prosecuted or convicted. The term "victim" also includes the immediate family or dependants of the direct victim and persons who have suffered harm in intervening to assist victims in distress or to prevent victimisation. In regard to the extent of harm, a static approach might not take the further evolution of a person into account and therefore a more dynamic approach does take the evolution of a person into consideration in defining the extent of harm. The evolution taken into account by the subjective dynamic approach is the "subjective" evolution. The latter refers to what the person believes he would have achieved if the harming event would not have occurred. This structure of harm is not just a theoretical scientific conceptualisation, it is reflected in much of jurisprudence. We explored this notion in order to define victim more clearly. The advantage of describing individuals by the same principle of an integrated system of several dimensions is that it is easy to see that societies and groups of individuals can be victims in a similar way. This is important in the context of systematic violations of human rights dealing with victims of political repression. Political repression creates problems for its direct victims , but also affects a whole society socially and politically. When one considers the psychological dimension of a person it is indeed difficult to measure the harm done, because this is such a subjective question. Each person whose psychological situation has deteriorated can be considered a victim. The lack of information and investigation on behalf of the authorities into an alleged violation may amount to another violation. If a violation is found, the Court rule that fair compensatio be paid to the injury party. Standing before the Inter-American Commission on Human Rights is not subject to any major limitation. Any person or an NGO may lodge a petition without necessarily being the victim of the alleged violation. The Commission can also act proprio motu. The Commission will place itself at the disposal of the parties concerned with a view to reaching a friendly settlement of the matter on the basis of respect for the human rights. These friendly settlements may include wide-raging remedies and compensatory damages. When the Commission brings a case to the court that it specifies the theory and measure of damages it is urging. As far as reparations measures for the victims are concerned, the Commission issued recommendations for the court system, prosecution and punishment of perpetrators. The legal and social science analysis indicates that under any human rights mechanism, the notion of victim should be defined as broadly as possible. Anyone who has been sufficiently directly affected by a human rights violation should be considered a victim. The broad approach to the notion should apply to both direct and indirect victims. Appropriate reparation could be made up of a combination of individual and collective oriented measures of a financial, moral and political nature. Will the legal approach to the reparations issue be able to incorporate these socio-political considerations? One possible way-out is to conceive of reparations as an obligation on behalf of the responsible state rathe than a s a subjective right of the victims. The responsible state can then meet its obligation through a combination of reparation measures. A second socio-political factor which might have an impact on who among the group of victims will receive reparation is related to what we call "public recognition selection processes". These are the mechanisms according to which some victims have the power to enforce recognition and other do not. Are victims organized in groups? Do they receive support? These socio-political mechanisms will influence the access to court ( or other official mechanisms).
