26
81.
All religions devote attention to human suffering, and attempt to provide the needed
transcendental support to the faithful; all religions focus on the relations between life and
death, and provide distinct interpretations and explanations of human destiny and after-life92.
Undue interferences in human beliefs - whatever religion they may be attached to - cause
harm to the faithful, and the International Law of Human Rights cannot remain indifferent to
such harm. It is to be duly taken into account, like other injuries, for the purpose of redress.
Spiritual damage, like the one undergone by the members of the Moiwana Community, is a
serious harm, requiring corresponding reparation, of the (non-pecuniary) kind I have just
indicated.
XI.
Concluding Observations: A Plea against Oblivion.
82.
In one of his latest publications, Memory and Identity (2005), the late Pope John Paul II
sustained that each person has a "spiritual patrimony" to preserve, and the cultivation of
memory assists one in precisely preserving his or her own identity93; it is due to the memory,
that each person, or human collectivity, preserves they, and - he added - the defence of such
identity is ultimately a matter of survival94. John Paul II recalled, in particular, the tragic
historical experience of his own people and homeland, - the Polish, - which, despite having
been attacked by their neighbours, divided and occupied by foreigners, nonetheless survived,
because they conserved their identity, cultivated their memory, and based themselves, in
times of utter adversity, on their own culture95 (including language and religion).
83.
Memory is, ultimately, the faculty that preserves the identity of human beings, at both
personal and collective levels96. The cultivation of memory of events occurred in times of
repression, - in particular grave violations of human rights, - has in recent years been fostered
by the work of successive Truth Commissions in distinct continents97. This suggests the
awakening of the universal juridical conscience as to the need to combat the imposition of
oblivion and impunity.
. Cf., e.g., [Various Authors,] Life after Death in World Religions, Maryknoll N.Y., Orbis, 1997,
pp. 1-124.
92
. Juan Pablo II, Memoria e Identidad - Conversaciones al Filo de Dos Milenios, Buenos Aires,
Ed. Planeta, 2005, pp. 95, 109, 131 and 183.
93
. Ibid., pp. 176-177.
94
. Ibid., p. 109, and cf. pp. 28, 169-170 and 176-177.
95
. Ibid., p. 177.
96
. For a study, cf. A.A. Cançado Trindade, Tratado de Direito Internacional dos Direitos
Humanos, vol. II, Porto Alegre/Brazil, S.A. Fabris Ed., 1999, pp. 400-403, and sources referred
to therein.
97
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