Economic and social rights in transitional justice processes: Theoretical debates regarding an emerging practice

Abstract

Transitional justice, both in its academic and professional dimensions, is currently in a process of deep reflection, not only with regard the suitability of its mechanisms and the way they have been implemented, but also with its basic principles and objectives. This process is reflected in the emergence of different debates. In particular, academics and practitioners of transitional justice are being given increasing attention to the need to include the so-called “economic and social dimension” of transitional justice as an essential element of its programs. However, it is still an emergent field. This paper is intended to contribute to this debate in two respects. On the one hand, the paper makes a review of the issue since its origins and its relations with other debates in the discipline. In this regard, a human rights approach is proposed to address the economic and social dimension of transitional justice. And, on the other hand, the paper intends to inform the theoretical debate with the obstacles found in the design and implementation processes that lead to cautions when addressing the potential of transitional justice as an effective mechanism to protect economic and social rights.