Desplazamiento forzado, sistema interamericano y derecho penal interno: hacia una confluencia racional y consistente de diversos ámbitos de protección de derechos humanos

Content Provider	Semantic Scholar
Author	Aponte, Alejandro
Copyright Year	2010
Abstract	The Inter-American human rights system has developed very interesting case law to deal with cases of forced internal displacement, despite the fact that the American Convention has no specifi c rule on this issue. It has used an indirect approach, based on the rules that establish rights which are infringed by this complex phenomenon. At the domestic level this case law fuels the debate about the protection aff orded by the constitutional and criminal systems to displaced persons and the punishment of an off ense which is currently an international crime – a crime against humanity or a war crime. Nevertheless, in practice there is some confusion about the three diff erent levels of protection, so criminal law is forced to alter its function and deny its principles in order to respond to issues that go beyond its role. This is a multiple off ense crime which requires institutional answers that combine social and criminal policies. The paper has an appendix about especially diffi cult topics with regard to the doctrinal principles at stake in this permanent crime.
Starting Page	71
Ending Page	126
Page Count	56
File Format	PDF HTM / HTML
Alternate Webpage(s)	https://archivos.juridicas.unam.mx/www/bjv/libros/8/3801/8.pdf
Language	English
Access Restriction	Open
Content Type	Text
Resource Type	Article