Abstract

NUEZ SANCHEZ-CASCADO, Paloma de la. Damage to the project of life in the Inter-American Court of Human Rights in the light of the political thought of J. Shklar. Andamios [online]. 2020, vol.17, n.42, pp.147-166.  Epub Aug 28, 2020. ISSN 2594-1917.  https://doi.org/10.29092/uacm.v17i42.738.

The rulings handed down in recent years by the Inter-American Court of Human Rights reveal interesting coincidences with the new paradigm of contemporary reflections on justice issues. A new paradigm that is leaving behind traditional, formalistic, legalistic, individualistic and rationalistic views of justice. This opens the way for a new perspective focused on injury and the sense of injustice felt by victims, as is fundamentally set forth in her work by the U.S. political theorist, Judith Shklar (1928-1992).

This article aims to demonstrate that there is indeed a close relationship between what the Court expresses in its jurisprudence as regards damage to the life project and the theory of injustice held by this author. A theory focused on cruelty, injury, fear and suffering which seriously affect the freedom of victims, this being construed as the right to formulate a life project that is unique and personal.

Keywords : Damage to the life project; freedom; injustice; victims; J. Shklar.

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