Respondent: Professor Clara Sandoval, Co-Director of the Essex Transitional Justice Network
Abstract: Transitional justice processes and international human rights law have followed parallel paths, and have not always been aligned. Undoubtedly, transitional justice processes must be developed within the framework of the obligations of States regarding human rights; however, political arguments are frequently used to weaken compliance with human rights standards.
During the lecture, the special rapporteur will address some of those political arguments and the way they do not align with human rights law. While it is agreed that transitional justice should comply with its current "pillars" (truth, justice, reparations and guarantees of non-repetition), and much theory and doctrine has been developed on them, the content or minimum standards of each of these pillars have not been fully identified.
The problem with the foundations of political arguments is that it is immoral, and at times also illegal, to talk about “successful processes” when victims continue to be ignored, impunity reigns and their human rights are not respected or ensured. The consequence is that violence re-emerges decades later. The Special Rapporteur will suggest ways in which transitional justice, as a field practice, could be improved and better reconciled with human rights obligations.
Fabián Salvioli is a human rights lawyer and professor. He has a Ph.D on Juridical Sciences and a Master degree on International Relations. He took up his functions as United Nations Special Rapporteur on the promotion of truth, justice, reparation and guarantees of non-recurrence on 1 May 2018.
As an academic, Fabián Salvioli is professor of International Law and Human Rights at the School of Law of the University of La Plata, where he is also Director of the Human Rights Master Program and Director of the Institute of Human Rights. He has lectured in many countries and universities across the Americas, Europe, Africa and Asia. He is also a member of the General Assemblies of the International Institute of Human Rights (in Strasbourg, France) and the Inter American Institute of Human Rights (in San Jose de Costa Rica, Costa Rica).
Professor Salvioli has authored several books and articles on international human rights law, including on the United Nations human rights mechanisms, the Inter-American human rights system, reparations, interpretation and application of human rights principles, and international justice. He was a member of the United Nations Human Rights Committee between 2009 and 2016, and its President between 2015 and 2016. In this capacity, he authored the “Guidelines on reparations” adopted by the Committee in October 2016.
As a lawyer, he has litigated cases before the Inter-American Commission on Human Rights and the Inter-American Court of Human Rights. In this capacity, he filed the first amicus curiae brief on the right to truth before the Inter-American Court. Mr. Salvioli served twice as member and three times as president of Ad-Hoc Arbitration Courts on Monetary Reparations, within the Friendly Settlement Mechanism of the Inter-American Commission on Human Rights. He received several honorary titles in recognition of his work in the fields of human rights and education, including: Honorary Professor of the University of Buenos Aires, Honorary Professor of the National University of La Pampa, Illustrious Graduate of the National University of La Plata, Illustrious Citizen of the City of La Plata, and Outstanding Personality of the Province of Buenos Aires.