Abstract

MENDOZA REALES, Teresa de Jesús; FLOREZ PENA, Carmen Graciela  and  TORRES VASQUEZ, Henry. Comprehensive Reparation for the Unborn Victims of the Colombian Armed Conflict. Prolegómenos [online]. 2022, vol.25, n.49, pp.49-63.  Epub June 30, 2022. ISSN 0121-182X.  https://doi.org/10.18359/prole.5760.

in some legislations, the unborn child is considered a person, as a result of the conviction that life and the person who contains it arise from the moment of conception. In other legislations, when someone is born, he is alive and completely separated from the mother, from that moment he is a person and a subject of rights. However, the fact that the fetus does not yet have the status of a person does not imply that it is totally devoid of rights. The Colombian Constitution reserves several rights, including the right to life, which, by the way, in our legislation is considered a person from the very moment of fertilization. However, even if the child is not yet a person, under current legislation, the unborn child has rights that must be safeguarded by the State and his or her lack of protection must give rise to processes of reparation or international responsibilities. This work explores the conditions in which the unborn child can be recognized as a victim and the mechanisms of reparation that would eventually be the most appropriate, based on jurisprudence and other precedents.

Keywords : internal conflict; transitional justice; repair; nascitūrus; victims.

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