The disappeared children of El Salvador - a field study of truth, justice and reparation
(2005)Department of Law
- Abstract
- During the Salvadoran armed conflict (1980-1992) hundreds of children became separated from their families. The majority of the children were abducted by the armed forces of the government and still to this day the fate and whereabouts of most children are unknown. These children are the ''disappeared children of El Salvador''. In 1994, families of the disappeared children formed an organisation, Pro-Búsqueda, which above all tries to locate the children. Investigations done by Pro-Búsqueda show that some of the children were given up for adoption and others grew up at institutions. When human rights violations occur, such as the enforced disappearance of minors, the state has certain obligations according to international and regional... (More)
- During the Salvadoran armed conflict (1980-1992) hundreds of children became separated from their families. The majority of the children were abducted by the armed forces of the government and still to this day the fate and whereabouts of most children are unknown. These children are the ''disappeared children of El Salvador''. In 1994, families of the disappeared children formed an organisation, Pro-Búsqueda, which above all tries to locate the children. Investigations done by Pro-Búsqueda show that some of the children were given up for adoption and others grew up at institutions. When human rights violations occur, such as the enforced disappearance of minors, the state has certain obligations according to international and regional human rights law. From the general obligations of states to guarantee human rights and to provide victims with an effective remedy it can be concluded that the victims of the enforced disappearance of minors, which includes both the children and their families, should be afforded truth, justice and reparation. In this specific case what constitutes fair reparation is compensation for the pain and suffering, measures of rehabilitation and satisfaction, such as a public apology. Even in those cases where children were abducted by non-state agents, the Salvadoran state has an obligation to provide for access to truth, justice and reparation. The Salvadoran government has not adequately dealt with redressing the victims of the enforced disappearance of children. Instead, the politics of negation and impunity have been strong in El Salvador. This constitutes a breach of the obligations mentioned above, for which El Salvador can be held internationally responsible. The Inter-American has judged on the question of state responsibility in the Serrano Cruz case. However, this case does not have direct implications for the victims at the national level, except for putting pressure on the state to comply with international law. In order to justify the politics of negation the Salvadoran government claims that national reconciliation only can be achieved through ''forgiving and forgetting'' the past. The main reason for holding on to the politics of negation is that most of the disappeared children were abducted by organs acting on behalf of the state and recognising the rights of the victims could lead to stronger demands of prosecuting those responsible. As for the prospects of the victims to obtain truth, justice and reparation it can be concluded that a change in the Salvadoran government's attitude seems far away. The Serrano Cruz case could put some pressure on the state to act in accordance with international human rights law, but at the time of writing this thesis there are indications that it will not take much influence of the judgment. However, if the efforts of the civil society and the international community to bring on a change persist, it could lead to that the Salvadoran will take on its responsibilities in the future. (Less)
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http://lup.lub.lu.se/student-papers/record/1559349
- author
- Lagström, Christine
- supervisor
- organization
- year
- 2005
- type
- H3 - Professional qualifications (4 Years - )
- subject
- keywords
- Folkrätt
- language
- English
- id
- 1559349
- date added to LUP
- 2010-03-08 15:55:23
- date last changed
- 2010-03-08 15:55:23
@misc{1559349,
abstract = {{During the Salvadoran armed conflict (1980-1992) hundreds of children became separated from their families. The majority of the children were abducted by the armed forces of the government and still to this day the fate and whereabouts of most children are unknown. These children are the ''disappeared children of El Salvador''. In 1994, families of the disappeared children formed an organisation, Pro-Búsqueda, which above all tries to locate the children. Investigations done by Pro-Búsqueda show that some of the children were given up for adoption and others grew up at institutions. When human rights violations occur, such as the enforced disappearance of minors, the state has certain obligations according to international and regional human rights law. From the general obligations of states to guarantee human rights and to provide victims with an effective remedy it can be concluded that the victims of the enforced disappearance of minors, which includes both the children and their families, should be afforded truth, justice and reparation. In this specific case what constitutes fair reparation is compensation for the pain and suffering, measures of rehabilitation and satisfaction, such as a public apology. Even in those cases where children were abducted by non-state agents, the Salvadoran state has an obligation to provide for access to truth, justice and reparation. The Salvadoran government has not adequately dealt with redressing the victims of the enforced disappearance of children. Instead, the politics of negation and impunity have been strong in El Salvador. This constitutes a breach of the obligations mentioned above, for which El Salvador can be held internationally responsible. The Inter-American has judged on the question of state responsibility in the Serrano Cruz case. However, this case does not have direct implications for the victims at the national level, except for putting pressure on the state to comply with international law. In order to justify the politics of negation the Salvadoran government claims that national reconciliation only can be achieved through ''forgiving and forgetting'' the past. The main reason for holding on to the politics of negation is that most of the disappeared children were abducted by organs acting on behalf of the state and recognising the rights of the victims could lead to stronger demands of prosecuting those responsible. As for the prospects of the victims to obtain truth, justice and reparation it can be concluded that a change in the Salvadoran government's attitude seems far away. The Serrano Cruz case could put some pressure on the state to act in accordance with international human rights law, but at the time of writing this thesis there are indications that it will not take much influence of the judgment. However, if the efforts of the civil society and the international community to bring on a change persist, it could lead to that the Salvadoran will take on its responsibilities in the future.}},
author = {{Lagström, Christine}},
language = {{eng}},
note = {{Student Paper}},
title = {{The disappeared children of El Salvador - a field study of truth, justice and reparation}},
year = {{2005}},
}