Intersectionality and Transformative Reparations: The Case of Colombian Marginal Youths

Publication date

2019

Authors

Mc Gonigle, B.N.ORCID 0000-0002-0865-2340ISNI 0000000365711017
Butti, Elena

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Document Type

Article
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Abstract

The town of San Carlos, highly affected by the Colombian conflict, is often presented as an example of a successful domestic reparations process. Yet not all victims agree with this assessment. A significant number of marginalised adolescents feel that their voices and realities are not reflected in the reparations programme provided by the 2011 Victims’ Law. While the programme promises to transform lives, it does little to change the lives of young people at the margins. This article compares and contrasts the legal framework on reparations for underaged victims with insights drawn from ethnographic research with these youths. The situation of these young people signals that transformative reparations are not working as they should. We argue that this failure is due to the mismatch between the conceptualisation of ‘vulnerable child-victims’ in the text of the law and these youths’ nuanced identities. Using intersectionality, we propose an alternative way forward.

Keywords

intersectionality, reparations, colombia

Citation

Mc Gonigle, B N & Butti, E 2019, 'Intersectionality and Transformative Reparations : The Case of Colombian Marginal Youths', International Criminal Law Review, vol. 19, no. 5, pp. 753-782. https://doi.org/10.1163/15718123-01906002